HB 1322 : Reform SD’s Cottage Food Law!

Many states have updated their cottage food laws in recent years, making South Dakota’s current law on selling homemade foods direct to consumers much more restrictive than that of our neighboring states.

DRA members have helped draft an updated Cottage Food Law for South Dakota. We ask for your support and help in securing its passage! Read on for how…

The bill, HB 1322, makes a number of positive changes for local food entrepreneurs in the state, including:
  • Allowing for a broader range of homemade food products to be sold direct to consumers throughout the state, including fermented foods, kuchen, pesto, and frozen fruits and vegetables;
  • Gives producers the ability to make safe variations in canned acid & acidified foods based on what is in seasonal supply, rather than being required to certify each recipe alteration through a 3rd Party Processing Authority;
  • Provides a low-cost online food safety training (with renewal every five years) that allows for sale of the full range of foods under the law;
  • Preserves the ability to sell shelf stable baked goods with no additional licensing requirements; AND
  • Removes requirement for 3rd Party Processing Authority certification of canned foods, BUT allows producers to continue selling recipes certified under that system if they so choose

Dakota Rural Action worked with member-producers and farmers market managers over the summer and fall to draft these updates that will allow for more food entrepreneurs to sell a broader range of high demand foods direct to consumers, safely.

View a short 1-page description of HB 1322 HERE.

HB 1322 will be heard in House Commerce & Energy Committee next week (either Monday 2/14 or Wednesday 2/16), and we ask that food entrepreneurs, farmers market managers, and their supporters will contact committee members to urge the favorable passage of HB 1322.

Committee Member Contacts:

Thanks for your help reforming cottage food law in South Dakota–and please feel free to reach out to Rebecca Terk with any questions you might have about this legislation @ rebeccat@dakotarural.org !