Is Selling Homemade Food Legal in South Carolina After the 2026 Policy Reforms?

Yes, South Carolina permits limited sales of homemade food under the 2018 Home-Based Food Production Operations Act, exempting non-perishable items like baked goods and jams from commercial kitchen mandates. The South Carolina Department of Health and Environmental Control (DHEC) oversees compliance, though enforcement varies by county. As of 2026, proposed amendments may expand allowable products but retain strict labeling and revenue caps.

Key Regulations for Selling Homemade Food in South Carolina

  • Non-perishable exemption: Only shelf-stable foods (e.g., bread, cookies, canned jams) qualify; perishable items (e.g., cream pies, refrigerated desserts) require a licensed kitchen.
  • Revenue and venue limits: Annual gross sales cannot exceed $15,000, and products may only be sold directly to consumers (e.g., farmers markets, online) or indirectly via third-party retailers—no wholesale distribution.
  • Labeling and registration: All packages must include the producer’s name, address, ingredients, and the disclaimer “Made in a Home Kitchen Not Subject to State Inspection.” Operators must register with DHEC and renew biennially.

Local ordinances may impose additional restrictions; for instance, Charleston County requires a separate vendor permit for market sales. Violations risk fines or mandatory kitchen inspections. Consult DHEC’s 2025 Home-Based Food Guidelines for updates on pending 2026 regulatory changes.