South Carolina Cottage Food Laws and Regulations: How to sell your homemade foods in South Carolina

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South Carolina Cottage Food Laws and Regulations: How to sell your homemade foods in South Carolina

South Carolina Cottage Food Laws, Regulations and Facts

Date of the enactment of the South Carolina cottage food law, Cottage Bill (SC 44-1-143 H): June 7, 2012, called South Carolina's Home-Based Food Production Law.

Note: the rules were just revised in 2022: see the seminar at right-->
This SC law allows home-based food operations that operates out of an individual's home to prepare, package, store and distribute non-potentially hazardous foods (baked goods and candy)  directly to consumers for sale. This page is updated twice a year, or when we become aware of changes to the laws.  For the most current information, go directly to Clemson's SC Food2Market page.   Also see the references and contact information at the bottom of the page to contact the experts at Clemson directly.

Which foods are subject to the South Carolina Cottage Food law?

The Home-Based Food Production Law covers non-potentially hazardous baked goods that are sold directly to the end consumer. Examples of these type products are:

• baked cookies,
• baked cakes,
• baked breads (see moist quick bread prohibition below)
• baked high-acid fruit pies (apple, apricot, grape, peach, plum, quince, orange, nectarine, blackberry, raspberry, boysenberry, cherry, cranberry, strawberry, red currants) and
• candy.

If a product is not listed, the person can determine if it is non-potentially hazardous by contacting Dr. Kimberly Baker (kabaker@clemson.edu ) or Adair Hoover (cpope@clemson.edu ). A product analysis to determine the interaction of pH and/or water activity (Aw) is required to exempt any product not listed above. Analysis will be at the expense of the home-based food operation, in other words, at your expense..

Prohibited foods

Canned and jarred foods are not covered by the law and are not eligible for exemption. Contact SC DHEC at 803-896-0640 for more information.Examples of potentially hazardous baked goods include, but are not limited to

• Moist quick breads like zucchini, pumpkin & banana may be potentially hazardous.
• pumpkin pie,
• sweet potato pie,
• cheese cake,
• custard pies,
• cream pies,
• pastries with potentially hazardous toppings or fillings.
•  animal foods that are raw or heat-treated (i.e., meats);
• a plant food that is heat-treated or consists of
  • raw seed sprouts;
  • cut melons;
  • cut leafy greens;
  • cut tomatoes or mixtures of cut tomatoes not modified to prevent microorganism growth or toxin formation;
• garlic-in-oil mixtures that are not modified to prevent microorganism growth or toxin formation.
• Fresh, dried, or cured meats or poultry (jerky)
• Canned or jarred fruits, vegetables, salsas. Standard recipe jams and jellies (ONLY) made from high-acid fruits (fruit, sugar, and pectin only) are allowed under SC Reg. 61-25 section 8-301.12(A)(12) without a retail food establishment permit.
• Fish or shellfish
• Canned or jarred pickled products (chow-chow, relish, pickles)
• Raw seed sprouts
• Refrigerated baked goods
• Vacuum sealed products
• Tempered and/or molded chocolate (fudge may be allowed under SC Reg. 61-25 section 8-301.12(A)(12) without a retail food establishment permit. Other forms of fudge, such as fudge sauce, may require product assessment to determine whether they can be allowed under 8-301.12(A)(12).
• Milk and dairy foods (yogurt, cheese, milk)
• Cut fruits or vegetables
• Cooked vegetable products
• Dried spices or herbs
• Garlic or herbs in oil mixtures
• Juices
• Ice/ice products
• Bar-B-Q sauces, ketchups, mustards, or marinades
• Focaccia style breads (moist quick breads like zucchini, pumpkin, and banana)

If your food product does not meet the definition of a Cottage Food:

Don't give up. You may still be able to make and sell it commercially, through a startup approach.

First, you may be able to rent space in a local licensed commercial kitchen.

Second, if that doesn't work, you may be able to get a co-packer to make the food for you.

See this page for detailed information about selling foods that do not meet the Cottage Food definition

Definitions:

• "Home-based food production operation" means an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores, and distributes nonpotentially hazardous foods for sale directly to a person.
• "Nonpotentially hazardous foods" are candy and baked goods that are not potentially hazardous foods.
•  "Person" means an individual consumer.
•  "Potentially hazardous foods" includes:
  (a) an animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts; cut melons; cut leafy greens; cut tomatoes or mixtures of cut tomatoes not modified to prevent microorganism growth or toxin formation; garlic-in-oil mixtures not modified to prevent microorganism growth or toxin formation;
  (b) certain foods that are designated as Product Assessment Required (PA) because of the interaction of the pH and Aw values in these foods. Below is a table indicating the interaction of pH and Aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged.
  
  Foods in Item 2 in the table above with a pH value greater than 5.6 and foods in item (3) with a pH value greater than 4.6 are considered potentially hazardous unless a product assessment is conducted pursuant to the 2009 Federal Drug Administration Food Code.
• DHEC Defines Candy As:
  Candies and confectioneries (confectioneries are candies, delicacies or sweets that have sugar as a principal ingredient, combined with coloring matter and/or flavoring). Candies have low water content and do not require refrigeration for safety.
  Candy coated nuts
  Candy coated dried fruits
  Candy coated popcorn
  Cotton candy
  Candy apples
  Popcorn balls
  Chocolate-covered high-acid uncooked fruits such as strawberries, cranberries, or cherries are considered non-potentially hazardous.
• DHEC Defines a Baked Good As:
  Loaf breads
  Rolls
  Biscuits
  Baked cookies
  Baked granola
  Baked cakes
  Baked high-acid fruit pies (apple, apricot, grape, peach, plum, quince, orange, nectarine, blackberry, raspberry, boysenberry, cherry, cranberry, strawberry, red currants). NOTE: These products are not allowed unless product testing demonstrates that these products are non-potentially hazardous - therefore not requiring refrigeration for safety.

Licensing

In South Carolina the Home Based Food Production Law is overseen by SCDHEC. No retail food establishment permit is required so long as all food production is in the home kitchen.

If you move out of your home kitchen to prepare products, a permit issued by SCDHEC is required. Additionally, you may only sell to the end consumer (i.e. the person who intends to eat the food). You may not sell to a retail food establishment or sell your products at a retail food establishment (this includes permitted mobile food units). You may sell your product at venues such as farmer's and flea markets.

You must also get a business license for tax purposes.

Labeling requirements

Cottage Food Production Operations must label all of their food products properly, in compliance with federal laws and regulations. Labels must include:

• Name and address of the home-based food operation
• Name of the product being sold
• Complete list of ingredients (it is suggested that allergens be listed, but not required)
• Net weight must be provided in both customary (such as pounds and ounces) and also in metric measurements (grams or kilograms)
• A conspicuous statement printed in all capital letters and in a color providing a clear contrast to the background that reads
  "NOT FOR RESALE-PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCT OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."

Here is a free Microsoft Word label template which you can download and edit.  These labels are already formatted to fit on Avery Template 22820  Print-to-the-Edge Oval, Labels 2" x 3-1/3", 8 per Sheet, Glossy White. You can get the label stock online (see at right). 

For more help with labeling, please see this page.

Where may Cottage Food Production Operations sell the food products?

• Additionally, you may only sell to the end consumer (i.e. the person who intends to eat the food).
• You may not sell to a retail food establishment or sell your products at a retail food establishment (this includes permitted mobile food units).
• You may sell your product at venues such as farmer's and flea markets.
• Cottage Food Products may not be sold across state lines.  In other words,  only be sold within the state.

Other requirements

• Direct sales to consumers only: These foods cannot be sold for re-sale/wholesale.
• No retail food establishment permit is required so long as all food production is in the home kitchen. Once you move out of your home kitchen to prepare products, a permit issued by SCDHEC is required.
• Annual limits: You may sell no more than $15,000 per year.
• Exemptions: Custom, made-to-order or special-order products do not fall under the jurisdiction of the SC DHEC. Some examples of these type products include, but is not limited to: wedding cakes, birthday cakes, shower cakes, etc.
• Additional lab testing: Certain products, those that fall outside the defined allowed foods,  may require lab analysis.
• Hygiene: Each home-based food production operation shall maintain a clean and sanitary facility to produce nonpotentially hazardous foods including, but not limited to:
  (1) department-approved water supply;
  (2) a separate storage place for ingredients used in foods intended for sale;
  (3) a properly functioning refrigeration unit;
  (4) adequate facilities, including a sink with an adequate hot water supply to meet the demand for the cleaning and sanitization of all utensils and equipment;
  (5) adequate facilities for the storage of utensils and equipment;
  (6) adequate hand washing facilities separate from the utensil and equipment cleaning facilities;
  (7) a properly functioning toilet facility;
  (8) no evidence of insect or rodent activity;
  (9) department-approved sewage disposal, either onsite treatment or publicly provided.
  (10) No pets may be in the kitchen or food preparation area while you are making the foods.

Recommendations:

Beyond the requirements, common sense, good practices and reducing liability suggests you should do the following.

Training

Take the ServSafe® training classes for Manager and employees, the 7th Edition Book that accompanies this course should be purchased here.. 

Testing of pH

​It's best to use a pH meter, properly calibrated on the day used. I use this one, which is reliable and inexpensive. And this pH meter is really good, but isn't always available.
Short-range paper pH test strips, commonly known as litmus paper, may be used instead, if the product normally has a pH of 4.0 or lower and the paper's range includes a pH of 4.6.

Record-keeping is suggested

Keep a written record of every batch of product made for sale, including:

• ​Recipe, including procedures and ingredients
• Amount canned and sold
• Canning date
• Sale dates and locations
• Gross sales receipts
• Results of any pH test

Sanitation

Although inspections are not required, you should consider doing the following:

• ​Use clean equipment that has been effectively sanitized prior to use
• Clean work surfaces and then sanitize with bleach water before and after use
• Keep ingredients separate from other unprocessed foods
• Keep household pets out of the work area
• Keep walls and floors clean
• Have adequate lighting
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working
• Consider annual testing of water if using a private well

Best Practices

• Allergens:  Most state home baking acts require an "ingredient statement" and/or an "allergen listing" on the label of the bakery item for sale; but if your state does not, you should anyway. The eight major food allergens are
  • milk,
  • eggs,
  • fish,
  • crustacean shellfish,
  • tree nuts,
  • peanuts,
  • wheat and
  • soybean.
• Cross-allergenicity: There are also ingredients available, even flours, that can cause a cross-allergenicity. The American Academy of Allergy Asthma & Immunology explains cross-allergenicity as an allergic reaction when proteins in one substance are similar to the proteins found in another substance. For example, consumption of lupine flour may trigger an allergic reaction to peanuts, and cricket flour may trigger an allergic reaction to shellfish. Again, providing such information might be a beneficial marketing tool and help keep potential consumers safe.
• The 2 Hour/4 Hour Rule -  Anyone wishing to make and sell refrigerated bakery items should remember to follow the "2 Hour/4 Hour Rule." This is a system that can be implemented when potentially hazardous foods are out of temperature control (temperatures greater than 45 degrees Fahrenheit) during preparation, serving or display for sale. The rule guidelines are as follows:
  • If a potentially hazardous food has been out of temperature control for 2 hours or less, then it may continue to be used or be placed back in the refrigerator.
  • If a potentially hazardous food has been out of temperature control for more than 2 hours but less than 4 hours, it needs to be used quickly or discarded.
  • If a potentially hazardous food has been out of temperature control for more than 4 hours, it must be discarded.

More resources:

• The full text of the full Cottage Bill (SC 44-1-143 H) can be found here.
• Click here for more information about South Carolina's cottage food requirements (from Clemson University).
• SC Cottage Food Law Facebook page
• General guide to Food Business requirements in South Carolina
• South Carolina DHEC Fact sheet
• Honey: You may sell up to 400 gallons of honey directly to the consumer by applying for an exemption.
• Classes:
  Food Safety for Entrepreneurs Online Workshop - The Clemson Food2Market program will schedule the next Food Safety for Food Entrepreneur Class soon. This class is perfect for people who are starting a food production business as well as those who already established in the marketplace. See Adair Hoover, Email: cpope@clemson.edu.  or phone 864-656-9986.
• Product Testing Fact Sheet from Clemson University
• Nutrition Labeling Factsheet from Clemson University
• Sushi Rice Testing Fact Sheet from Clemson University
• Juice HACCP Factsheet from Clemson University
• Fermentation Guidelines Factsheet from Clemson University
• The Food Safety of Sprouts Factsheet from Clemson University

Summary of different types of Bakery Operations

Permits: Bakeries, Bake Sales, and Selling Baked Goods to Store or Restaurants

• Retail Bakery If you want to operate a retail bakery, you must get a food service permit before opening, and your bakery must meet the same standards as any other retail food service. See Regulation 61-25 Retail Food Establishments for all general requirements.
• Selling Baked Goods to Stores or Restaurants  If you plan to sell baked goods to permitted facilities like convenience stores or restaurants, you will be regulated by and need to contact the S.C. Department of Agriculture for instructions and requirements.
• Bake Sales and Weekend Home Bakers - No permit is needed if you do not possess a business license or advertise, and in the case of home bakers, only prepare nonpotentially hazardous breads and pastries for friends and neighbors.
• Home-Based Business (NOT an exempt Cottage Food business):  If you hope to operate a bakery out of your home, you must:

• Check with local zoning officials to see if you are allowed to operate a home business in your area.
• Meet the same requirements as any other retail food service (including having a separate kitchen for baking)
• Contact the S.C. Department of Agriculture for forms, instructions and requirements if you plan to sell baked goods to permitted facilities like convenience stores and restaurants.

Licensed food kitchens

These are great if your food business is growing beyond the limitations of your home kitchen and the cottage food laws.

• New commercial kitchen available for rent in York, SC!
  The Episcopal Church of the Good Shepherd at 108 East Liberty Street is offering for rent its commercial grade, DHEC certified kitchen. The kitchen has two tub prep sinks, 3 tub washing sinks, several tables for preparation, a gas range/oven, two sliding door refrigerators, and an automatic dish washing machine. We also a large capacity ice machine. Also available for rent is dry storage space. Please contact Libby Bradford at 803 242 8407 with questions or an appointment to see the kitchen.

Questions? Contact Information:

For more information, contact

• Dr. Kimberly Baker (kabaker@clemson.edu ) or
• Mrs. Adair Hoover (cpope@clemson.edu ).

Question regarding the Home Baked Food Production Law (i.e. The "Cottage Law") should be directed to

• DHEC Division of Food Protection (803-896-0640)