Written by the South Dakota Department of Health with contributions and review by:
- Joan Hegerfeld-Baker, (former SDSU Extension Food Safety Specialist)
- Holly Tilton Byrne, Dakota Rural Action Community Organizer, Dakota Rural Action
In 2010 the South Dakota “Home-Processed Foods Law” came into effect allowing for sale of home baked goods at farmer’s markets and similar venues. In 2011, a new section was added to this law expanding on the sale of home-baked goods.
Home-baked Foods Allowed to be Sold
- Baked goods that do not require refrigeration may include but are not limited to lefse, bread, rolls, fruit pies, candies and confectioneries, cakes and cookies.
Home-baked Foods Not Allowed to be Sold
- Baked foods that require refrigeration for safety may include cream or custard filled pastries such as kuchen, pumpkin pie, and flan. This pertains to custards or cream fillings that commonly contain dairy products, eggs or certain soy products.
Reference South Dakota Requirements for the Sale of Baked Goods Made within Your Home for the complete listing of requirements of the exemption as they pertain to the sale of home-baked goods.