South Carolina
Home-based Food
Production Law
Guidance
OCTOBER 2022
VERSION 1.1
This publication was supported in part by the Food and Drug Administration (FDA) of the U.S. Department of Health and Human
Services (HHS) as part of a nancial assistance award U18FD006387. The contents are those of the author(s) and do not necessarily
represent the ocial views of, nor an endorsement, by FDA/HHS, or the U.S. Government.
In Cooperation With
South Carolina Home-based Food
Production Law Guidance
1Version 1.1 2022
Contents
C h a p t e r 1
Introduction
2
C h a p t e r 2
General Requirements
4
C h a p t e r 3
Definitions
7
C h a p t e r 4
Allowed Foods
11
C h a p t e r 5
Foods NOT Allowed
16
C h a p t e r 6
Honey
20
C h a p t e r 7
Labeling
21
a p p e n d i x a
Home-based Food Production Law
24
a p p e n d i x B
Science-based (Academic)
Resources and Processes
30
a p p e n d i x C
Other Foods and Types of Food
Sales that are Exempt from Retail
Food Establishment Permits
31
a p p e n d i x d
Regulatory Decision Tree
33
a p p e n d i x e
Label Guide
34
a p p e n d i x F
SC DHEC ID Number Application
36
a p p e n d i x G
Frequently Asked Questions
38
2 South Carolina Home-based Food Production Law Guidance
C h a p t e r 1
Introduction
The South Carolina (SC) Home-based Food
Production (HBFP) Law guidance document
was developed to provide clear and consistent
information about the law for home-based
food producers to assist them in following
the law and providing quality and safe food to
South Carolina consumers.
Home-based Food Production or
“Cottage Law” History
In 2012, a group of home bakers worked
with several members of the legislature
to craft a bill to expand the “Weekend
Home Bakers” exemption provision of SC
Department of Health and Environmental
Control’s (DHEC) regulation 61-25. The bill
was based on information from other states
that had cottage laws. While DHEC and the
SC Department of Agriculture (SCDA) had
some limited input into the bill, the bill was
not authored by either regulatory agency.
This collaboration between industry and the
legislators resulted in the rst HBFP law and
expanded the exemption that had previously
been allowed by R. 61-25. It established
labeling and sanitation requirements
for the foods allowed under the law and
exempted them from regulatory oversight.
The law was revised in 2018 to remove an
unnecessary reference to SCDA as this law
was only applicable to a limited category of
non-potentially hazardous foods sold directly
to the end consumer (retail sales).
On January 28, 2021, Senate bill 506 was
introduced in the Senate. This bill was also a
collaboration between the cottage industry
and the legislators to revise and expand the
foods allowed by the HBFP law and to allow
these foods to be sold online and at retail
stores. As before, DHEC and SCDA had some
limited input into the bill while it was being
debated in committee but did not author the
bill. After much discussion, the bill passed and
became eective on May 23rd, 2022, allowing
for additional non-potentially hazardous foods
to be exempted from food safety oversight by
DHEC and SCDA while establishing labeling
and sanitation requirements for these foods.
This guide has been created to address
the concern that was presented in those
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committee meetings of conicting
interpretations and information on the law.
It is the result of collaboration between the
regulatory agencies charged by state statutes
with food safety oversight, academia, and
cottage food industry groups.
Food producers who want to sell food
under South Carolina’s Home-Based Food
Production Law, must follow the guidelines
set forth by South Carolina’s Code of
Laws 44-1-143. This law is separate from
DHEC’s SC Regulation 61-25 “Retail
Food Establishments.” Home-based
food operations are individuals preparing
non-potentially hazardous food as
outlined in this guidance document.
This guidance document outlines the
requirements of the law, which foods are
allowed and not allowed, labeling, using the
SC DHEC ID number system and more. In
South Carolina there are several agencies that
partner together to assist our food producers.
If you nd that this guidance document does
not answer a question that you have, please
feel free to reach out to us at sccottagefood@
clemson.edu.
Foods that are not covered under the SC
Home-based Food Production Law must be
sold under the assigned regulatory authority.
See Appendix D.
4 South Carolina Home-based Food Production Law Guidance
C h a p t e r 2
General Requirements of the
Home-based Food Production Law
A retail food establishment permit, issued
by SC DHEC, is not required to sell retail so
long as the requirements below are met.
Similarly, a South Carolina Department of
Agriculture Registration Verication
Certicate is not required to sell wholesale if
the below requirements are met.
Requirements to Sell a
Home-based Food
Home-based food producers are allowed to
sell food to the following:
1. Direct to the consumer (including on-line
and mail order)
2. Retail stores, including grocery stores
a. Retail stores must clearly post a sign
indicating that the home-based food
products are not subject to commercial
food regulations.
b. Home-based food may not be served
or used as an ingredient in a retail food
establishment (restaurant) without a
variance approved by DHEC, but may
be sold in packaged and labeled form at
retail food establishments. The variance
is required to state how the consumer
will be informed as required by the law
that the food or ingredient used in a
food served was prepared in a home
kitchen. The consumer advisory must
contain the following statement about
the food, or the ingredient used to
produce the food: ‘PROCESSED AND
PREPARED BY A HOME-BASED
FOOD PRODUCTION OPERATION
THAT IS NOT SUBJECT TO SOUTH
CAROLINA’S FOOD SAFETY
REGULATIONS.’
HBFP Law Section G Exemption
Section G states “The provisions of this section
do not apply to an operation with net earnings of
less than fteen hundred dollars annually but that
would otherwise meet the denition of a home-
based food operation provided in subsection (A)(1).”
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This allows those operations that otherwise
t the denition of a Home-based Food
Production, but do not have sales more than
$1500 a year, to not have to meet the labeling
or other provisions of the law & may produce
and sell the same items. However, they may
not sell at retail locations without the
required labeling as labeling is necessary
for the retailer to show that the food is from
an approved source as required by DHEC
regulations.
The producer must ensure that all food that is
produced, packaged, and stored in the home
kitchen is protected from contamination. To
do so, the producer must:
1. Supervise others who are in the kitchen,
2. Prohibit all animals, including pets,
from the kitchen during production and
packaging and ensure that animals do
not come in contact with ingredients,
packaging, or prepared items,
3. Not use the kitchen for home-related
activities while food is being produced or
packaged for sale,
4. Exclude any person from the kitchen
if they have a communicable disease
that can be transmitted by food, has an
infected wound, or has an acute respiratory
infection related to the food being prepared
or packaged for sale,
5. Ensure that all people responsible for any
part of handling, processing, or packaging
food for sale knows and follows all safe food
handling practices,
6. Ensure the home is clean and sanitary to
reduce the risk of cross contamination
during food processing and packaging.
a. Approved water supply
i. “Department approved water source” as
specied in SC Law 44-1-143 means
either a public drinking water system,
or a private well that is tested at least
annually for Total Coliform Bacteria
by a laboratory certied for public
drinking water testing in SC. The
public can obtain sample bottles
and private well testing through the
SC DHEC Regional Environmental
Aairs Oces (scdhec.gov/ea-local-
oces).
ii. For guidance regarding “onsite
wastewater systems” (septic tanks),
contact SC DHEC at 803-896-8657.
General information on the DHEC
Onsite Wastewater Program can be
obtained from that program’s home
page (scdhec.gov/environment/
septic-tanks/septic-tanks-general-
information).
b. Separate storage for ingredients used in
foods for sale
c. Properly working refrigeration
6 South Carolina Home-based Food Production Law Guidance
d. Adequate facilities to meet the need
for cleaning and sanitizing all utensils
and equipment including a sink with an
adequate quantity of hot water
e. Enough sanitary storage for utensils and
equipment
f. Hand washing sink that is separate from
the sink used for cleaning utensils and
equipment
g. Sanitary and working toilet
h. No signs of rodent or pest activity
i. Department-approved sewage disposal
Safety requirements found in the law must
be followed carefully. Even commercially
processed foods that are to be dehydrated
or freeze dried can be re-contaminated
accidentally by failing to follow proper
sanitation, handling, health, and hygiene
requirements. Drying the product by either
method does not reliably destroy pathogens
that may be accidentally introduced in
handling by the cottage food producer. They
are more likely to go dormant until given the
opportunity to grow (consumption), and they
may also become more heat resistant. It is the
responsibility of the cottage food producer
to produce food that is not contaminated
because of failing to follow those safety
requirements.
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C h a p t e r 3
Definitions
All key words that are found bolded throughout this guidance document are listed and dened in
the following table.
Academic Source
Science-based and peer reviewed journal articles, books, reports, or
educational resources that are written by experts in the eld of the
topic. See Appendix B
Acid Food
Foods which have a natural pH of 4.6 or below. An example of acid
foods are peaches, strawberries, and blueberries.
Acidified Food
Foods are classied as acidied when the predominate ingredient(s)
are low acid and the nal product has been processed or prepared
to have a nal pH of 4.6 or lower. Examples of acidied foods are
pickles, salsa, and pepper jelly.
Approved Source
A grower, producer or manufacturer that is acceptable to the
Department based on a determination of conformity with principles,
practices, and generally recognized standards that protect public
health.
Canning
A method of food preservation using a process to seal food in an
airtight can or jar.
Clean
The process of removing visible dirt and debris.
Commercially
Prepared/Processed
Food that is processed and packaged in a food processing plant that
maintains a written food safety plan and is inspected by the food
regulatory authority that has jurisdiction over the plant.
8 South Carolina Home-based Food Production Law Guidance
Contamination
A term used when anything inedible is mixed with foods that will be
consumed. Sources of contamination can be biological (i.e., bacteria,
viruses, mold, and yeast), physical (i.e., Band-Aids, ngernail, hair,
glass, plastic, etc.) or chemicals (soap, sanitizer, pesticide, paint, etc.)
Cross Contamination
A term used when pathogens are spread from one surface to another.
FDA
An acronym that stands for Food and Drug Administration, which
is a federal agency under the Department of Health and Human
Services and is responsible for the regulation of foods, cosmetics,
drugs, medical devices, biological products, and radiological
products. For more information, visit fda.gov.
Food Contact Surface
Any surface that touches food during preparation, service, holding
and cooking, such as utensils, bowls, cutting boards, countertops,
sinks and cooking equipment (skillets, pots, mixers, thermometers,
etc.).
GRAS
Generally Recognized As Safe; An FDA label for food and food
ingredients not known to cause health hazards. fda.gov/food/food-
ingredients-packaging/generally-recognized-safe-gras
Home-based Food
Production Operation
An individual, operating out of the individual’s dwelling, who
prepares, processes, packages, stores, and distributes non-potentially
hazardous foods for sale directly to a person, including online and by
mail order, or to retail stores, including grocery stores. ‘Home-based
food production operation’ does not include preparing, processing,
packaging, storing, or distributing aluminum canned goods or
charcuterie boards.
Home Kitchen
The kitchen in your home in which you feed your family.
Jarring
A method of food preservation using a process to seal food in an
airtight jar or bottle.
Low Acid Food
Foods with a pH of greater than 4.6. Vegetables and meats are
common low acid foods. Low acid canned foods are at risk for the
growth of clostridium botulinum if not canned properly.
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Non-Potentially
hazardous foods
(Non-TCS Foods)
A food that does not require refrigeration for safety and does not
support the growth of pathogens.
Pathogen
A disease-causing bacteria, virus, parasite, fungus, or mold.
Personal Hygiene
The level of cleanliness of a person, including their entire body,
hair, clothes, aprons, hat, or head covering. Good personal hygiene
is essential for those working with food. Poor personal hygiene can
easily lead to contamination or cross contamination.
Potentially
Hazardous Foods
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 modied
to prevent microorganism growth or toxin formation; garlic in oil
mixtures not modied 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:
Aw values pH values
4.6 or less >4.65.6 >5.6
(1) <0.92 non-PHF non-PHF non-PHF
(2) >0.92-0.95 non-PHF non-PHF PHF
(3) >0.95 non-PHF PHF PHF
Process Authority
A qualied person(s) approved by the regulatory authority who has
expert knowledge and adequate facilities to assess and determine safe
food handling and processing requirements, including but not limited
to thermal processing requirements in hermetically sealed containers,
reduced oxygen packaging, shelf stable non-time/temperature control
for safety foods, and cooking processes. afdo.org/directories/fpa
Registration
Verification Certificate
(RVC)
Permit issued by the South Carolina Department of Agriculture
that is required to sell foods wholesale. Note: qualifying home-based
foods are not required to obtain an RVC.
10 South Carolina Home-based Food Production Law Guidance
Retail Food
Establishment
An operation that prepares, processes, packages, serves, or
otherwise provides food for human consumption, either on or o
the premises, regardless of whether there is a charge for the food.
These establishments include, but are not limited to, restaurants,
delicatessens, snack bars, catering operations, ice cream parlors,
school cafeterias, independent living food service operations,
licensed healthcare facilities, grocery stores, retail meat markets, sh/
seafood markets, retail ice merchants, shared use operations, mobile
food establishments (to include the associated commissary and
mobile units).
Retail Food Permit
A permit issued by SC DHEC to operate as retail food
establishment.
Sanitize
A process to reduce the quantity of pathogens to a safe level.
SCDHEC (SC
Department of Health
and Environmental
Control)
An acronym that stands for South Carolina Department of Health
and Environmental Control, which is South Carolina’s state regulatory
authority for retail food establishments, all dairy products, soft
drinks, and water products. For more information, visit scdhec.gov.
Time Temperature
Control for Safety
(TCS) Foods
(Potentially
Hazardous Foods)
Foods that have a natural potential for contamination due to their
growing conditions and handling/processing. TCS foods have all the
conditions necessary to support pathogen growth: carbohydrate
or protein, near-neutral acidity, oxygen, and moisture. When given
the correct temperature and adequate time, these foods can allow
pathogens to multiply to a level to cause foodborne illness. Current
FDA designation for potentially hazardous foods.
Water Activity
Also written as a
w
. The measure of water in a product that is bound
to food. Pathogens need water to grow. The more water in a product
that is bound, the less likely those pathogens can grow and survive.
Most pathogens cannot grow in foods with a a
w
of 0.85 or less.
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C h a p t e r 3
Allowed Foods
The following table provides a list of foods that are covered by the home-based food production
law. This example list is not complete. If you do not nd a product on this list or the list of foods
that are not covered, then please email us at sccotta[email protected] for guidance.
Category Food Comments
Baked goods,
miscellaneous
Baklava
Made with commercially prepared honey or
honey from an approved source
Kolachke
Traditional nut lling of ground nuts, brown sugar
and cinnamon is allowed. Other llings (such as
high acid fruit llings) must be commercially
prepared or home-canned using a science-based
recipe
Lamington
Allowed if following traditional recipe. Other
llings (such as high acid fruit llings) must be
commercially prepared or home-canned using a
science-based recipe
Scones
Allowed if fruit is dried either commercially or in
the home kitchen.
Baking mix
Cake, cookie,
or bread
May not contain any TCS ingredient. Any
alternative our (i.e., cricket our) must come from
an approved source. Proper ingredient labeling
required using all common names for allergens.
12 South Carolina Home-based Food Production Law Guidance
Category Food Comments
Bread
Bagels
Plain or baked with herbs or cheese
Cheddar bites
Cheese biscuits
Cheese bread
Cheese must be baked with the bread
Focaccia
Vegetables are not allowed to be added in or on top
of the bread.
Jalapeño
Yeast based and made with commercially
prepared pickled jalapeños
Pretzels
Quick
Only if prepared with a commercially prepared
avored base mix and without the addition of a
fresh, frozen, or canned fruit or vegetable
Sourdough
Starter used to make the bread should originate
from a commercial culture and should be replaced
with a new commercial culture every fourth
generation.
Cake
Cake pops
Cupcakes
Iced with buttercream, cream cheese or other icing
that is either commercially prepared or made
using a standard recipe and classied as non-TCS.
Decorated/
Wedding
Iced with buttercream, cream cheese or other icing
that is either commercially prepared or made
using a standard recipe and classied as non-TCS.
Funnel cake
Candy
Candy apples
Carmel apples
Cotton candy
Hard candy
Popcorn
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Category Food Comments
Canned Foods
Acidic fruits
Acidic fruits include peaches, cherries, apricots,
plums, apples, pears, citrus fruits, blackberries,
blueberries, raspberries, and strawberries.
Jams, jellies,
preserves, and
high acid fruit
curds
Made using a standardized science-based (See
appendix B) recipe with acidic fruit, sugar, and
pectin. Cannot contain low-acid ingredients
(peppers, g, elderberry, mint, etc.), no/low sugar,
or sugar substitute recipes. Acidic fruits include
peaches, cherries, apricots, plums, apples, pears,
citrus fruits, blackberries, blueberries, raspberries,
and strawberries.
When produced under the Cottage Food Law,
these products may be used as ingredients in home-
baked products.
Chips
Corn
Potato
Vegetable
Chocolate
Coating
Fudge
Ganache
Hot cocoa
bombs
Molded
Strawberries,
covered
Tempered
Trues
Cookie Dough,
Edible
Must be made with commercially heat-treated
our and not require refrigeration.
Cookies
Fruit or vegetable puree allowed if baked in with
the batter (pumpkin, etc.)
14 South Carolina Home-based Food Production Law Guidance
Category Food Comments
Crackers
Cheese straws
Dried/Dehydrated/
Roasted/Freeze-
Dried
Coee, whole
or ground
Must be roasted in the home kitchen
Fruits Must be dried in the home kitchen
Hard candy Must be dried in the home kitchen
Herbs Must be dried in the home kitchen
Spices Must be dried in the home kitchen
Teas
Must be dried in the home kitchen using GRAS
(Generally Recognized as Safe) ingredients
Vegetables Must be dried in the home kitchen
Extracts
Dried herbs or
spices
Must contain more than 20% ethanol or 35%
glycerin
Fresh herbs
Must contain more than 20% ethanol or 35%
glycerin
Fillings
Commercially prepared that does not require
refrigeration.
High-acid fruit
lling
Commercially prepared or home-canned using
a science-based recipe
Granola
Bars
Mix, Trail
Honey
Combed
Allowed if extracting, preparing, processing,
packaging, storing, and distributing out of a home
kitchen
Creamed
Allowed if extracting, preparing, processing,
packaging, storing, and distributing out of a home
kitchen
Infused
All infused ingredients must be GRAS and
commercially dried
Raw
Allowed if extracting, preparing, processing,
packaging, storing, and distributing out of a home
kitchen
15Version 1.1 2022
Category Food Comments
Icing/Frosting
Buttercream
Use standardized recipe. If eggs are used, they must
be commercially pasteurized.
Italian
buttercream
Egg whites must be commercially pasteurized.
Royal
Made with meringue powder or pasteurized egg
whites. Use of non-pasteurized egg whites is not
allowed.
Swiss
meringue
Egg whites must be commercially pasteurized.
Liquor
For baked in
avor
Must contain 0.5% alcohol or less.
Muns
Without the addition of fresh, frozen, or canned
fruit or vegetables
Filled
Filled only with allowed high-acid fruit lling or
jam that is either commercially prepared or
made using a science-based recipe.
Nuts and Seeds
Candied
Roasted
Toasted
Pastries/
Doughnuts
Bacon
Commercially prepared and cooked shelf-stable
bacon is allowed
Filled
Must be lled only with a commercially
prepared shelf stable lling
Pie and Pie
Fillings
High acid fruit
Acidic fruits include peaches, cherries, apricots,
plums, apples, pears, citrus fruits, blackberries,
blueberries, raspberries, and strawberries.
High acid fruit
lling
Commercially prepared or home-canned using
a science-based recipe
Nuts (pecans)
Syrup
Fruit, high acid
Must be extracted and prepared in a home
kitchen
Vinegar
Infused/
avored
Must be infused in the home kitchen using
GRAS ingredients
16 South Carolina Home-based Food Production Law Guidance
C h a p t e r 5
Foods NOT Allowed
The following table provides a list of foods that are NOT covered by the home-based food
production law. This example list is not complete. If you have any questions, please email us at
[email protected] for guidance.
Category Food Comments
Alcoholic products
Beverages
Beverages,
bottled
Juice, smoothie mix, teas, coees, cocktail mixes
(alcoholic and non-alcoholic) or similar products
Cold brew
coee
Herbal
tincture
Kombucha
Ker
Bread
Focaccia bread
Pizza dough
Quick bread
made with
fresh, frozen,
or canned
fruits or
vegetables
Sourdough
starter
Sweet potato
17Version 1.1 2022
Category Food Comments
Cake
Cheesecake
All varieties
Pumpkin
Canned Foods
Acidic
vinaigrettes or
dressings
Acidied foods
Aluminum
canned goods
BBQ sauce
Chow chow
Chutney
Fermented
All forms
Fig preserves
Hot sauce
Jams, jellies,
and preserves
Made from low-sugar or no sugar recipes or low
acid ingredients (peppers, tomatoes, gs, mint, etc.).
Low-acid
vegetables,
fruits,
dressings, and
sauces
Mustard
Pepper jelly
Pickles
All forms
Relish
Salsa
Casseroles
CBD/Delta 8
CBD isolate and Delta 8 are not approved food
ingredients and may not be added to food.
Charcuterie
boards
18 South Carolina Home-based Food Production Law Guidance
Category Food Comments
Fillings – pies,
pastries
Cream
Fruit, cooked
Freeze-Dried/
Dried
Meat
Purchased freeze-dried from store
Melons
Tomatoes
Ice Cream
See SC DHEC Dairy Regulation
Liquor
Filled candy
Infused fruit
Meat or meat
containing
products
Milk
Raw
Not allowed as an ingredient
Nuts and seeds
Boiled Peanuts
Packaged (See Appendix C for exemption information
that may apply)
Butter
Juice/milk
Pet treats and
animal feed
All Commercial Feed products (including pet
treats) manufactured and sold in South Carolina
fall under the authority of the South Carolina
Department of Agriculture and are subject to the
requirements of the South Carolina Commercial
Feed Act. The Cottage Food Law only applies to
products intended for Human consumption and
does not cover the production of pet treats for
dogs, cats, or other animals.
Pie
Cream
Custard
Meringue
Pumpkin
Sweet potato
Vegetable
Poultry
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Category Food Comments
Prepared meals
Repackaging
Foods
Repackaging of purchased bulk foods is not
allowed as these products were not produced in the
home kitchen.
Seafood
Sprouts
Bean
Seed
Wheat grass
Syrup
Elderberry
Mango or other
low acid fruit
syrup
Simple syrup
Sugarcane
Not allowed, unless extracted and prepared in the
home kitchen.
Vegetables
Chopped
lettuce
Cooked
Salads
20 South Carolina Home-based Food Production Law Guidance
C h a p t e r 6
Honey
There have been many questions regarding
honey production and how this relates to the
HBFP law. Beekeepers currently operating
under an RVC or Honey Exemption from
the SCDA who wish to produce honey under
the HBFP law must surrender their RVC or
exemption. This is to prevent duplication of
regulatory oversight.
The RVC exemption is for “honey” only —
this means pure honey with no additional
ingredients — and is not dened to include
honey products (i.e., infused products or
creamed honey that is purchased from
another source and repackaged). Either
you are a honey producer with an RVC
Exemption, or you are exempt under the
Cottage Food regulations, you cannot be both.
If a producer does not want to obtain an RVC
and they want to surrender the exemption,
they must send an email to notify SCDA that
they wish to surrender their exemption. Once
SCDA receives the email the exemption is
considered voided, and they may fall under the
Cottage Food regulations.
The HBFP law does not impact honey
operations wishing to continue operating
under an RVC using a registered and
inspected honey house. The RVC allows for
a wider market because the honey operation
may sell without restriction (including across
state lines and to distributors/manufacturers).
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C h a p t e r 7
Labeling
All food produced and sold under the Home-
based Food Production Law must be properly
labeled and comply with federal regulations.
The following are required on the product’s
label:
1. Name and address of the home-based food
operation. If you do not want to include
your home address on the label, you can
utilize the SC DHEC identication number
system. See appendix F
2. The standard name of the product
3. The ingredients in the product in descending
order of predominance by weight
4. A conspicuous statement printed in all
capital letters and in a color that provides a
clear contrast to the background that reads:
‘PROCESSED AND PREPARED BY A
HOME-BASED FOOD PRODUCTION
OPERATION THAT IS NOT SUBJECT
TO SOUTH CAROLINA’S FOOD SAFETY
REGULATIONS.’
No health claims may be made in association
with foods produced in a home-based
food operation. For more information, see
Dietary Supplements guidance from the
FDA Center for Food Safety and Applied
Nutrition (CFSAN) at fda.gov/food/dietary-
supplements/information-industry-dietary-
supplements.
See appendix E (Labeling guide) for an example
Nutrition Labeling
Nutrition labeling or having a Nutrition Facts
panel on your label is not required for home-
based food operations. Some food producers
choose to include a panel for marketing
purposes. If you would like to have a Nutrition
Facts Panel developed for your product
Clemson Extension’s Food2Market program
can assist you. You can visit their website for
more information: clemson.edu/extension/
food2market
22 South Carolina Home-based Food Production Law Guidance
Allergen Labeling
Allergen labeling is required for the safety of
consumers.
The name of the food source for each major
food allergen contained in the food or a
disclaimer that any major food allergen may
be contained in the food must be listed in the
allergen statement.
The major food allergens are Wheat, Soy,
Milk, Egg, Finsh, Crustacean Shellsh,
Peanuts, Tree Nuts, and Sesame. When
a product contains tree nuts, nsh, or
crustacean shellsh then the specic type
must be labeled in the allergen statement
(e.g., walnuts, pecans, almonds, cod, ounder,
lobster, shrimp, or crab).
23Version 1.1 2022
Appendices
24 South Carolina Home-based Food Production Law Guidance
a p p e n d i x a
Home-based Food Production Law
South Carolina General Assembly
124th Session, 2021-2022
A208, R236, S506
STATUS INFORMATION
General Bill
Sponsors: Senators Kimbrell, Rice, Garrett, Talley, M. Johnson, Fanning, Corbin, Alexander, and
Gustafson
Document Path: l:\s-res\jk\004cott.kmm.jk.docx
Introduced in the Senate on January 28, 2021
Introduced in the House on March 11, 2021
Last Amended on May 12, 2022
Passed by the General Assembly on May 12, 2022
Governor’s Action: May 23, 2022, Signed
Summary: Home-based food products
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action
Description with
journal page number
1/28/2021 Senate Introduced and read rst time (Senate Journal page 6)
1/28/2021 Senate
Referred to Committee on Medical Aairs
(Senate Journal page 6)
2/3/2021 Senate
Recalled from Committee on Medical Aairs
(Senate Journal page 29)
2/3/2021 Senate
Committed to Committee on Agriculture and
Natural Resources
(Senate Journal page 29)
3/2/2021 Senate
Committee report: Favorable with amendment
Agriculture and Natural Resources
(Senate Journal page 14)
25Version 1.1 2022
3/3/2021 Scrivener’s error corrected
3/10/2021 Senate Committee Amendment Adopted (Senate Journal page 18)
3/10/2021 Senate Amended (Senate Journal page 18)
3/10/2021 Senate Read second time (Senate Journal page 18)
3/10/2021 Senate Roll call Ayes 40 Nays 0 (Senate Journal page 18)
3/11/2021 Senate Read third time and sent to House (Senate Journal page 11)
3/11/2021 Scrivener’s error corrected
3/11/2021 House Introduced and read rst time (House Journal page 46)
3/11/2021 House
Referred to Committee on Medical, Military,
Public and Municipal Aairs
(House Journal page 46)
4/21/2022 House
Committee report: Favorable with amendment
Medical, Military, Public and Municipal
Aairs
(House Journal page 82)
4/25/2022 Scrivener’s error corrected
4/26/2022 House Amended (House Journal page 21)
4/26/2022 House Read second time (House Journal page 21)
4/26/2022 House Roll call Yeas 109 Nays 0 (House Journal page 22)
4/27/2022 House
Read third time and returned to Senate with
amendments
(House Journal page 28)
5/3/2022 Senate Non concurrence in House amendment (Senate Journal page 66)
5/3/2022 Senate Roll call Ayes 0 Nays 40 (Senate Journal page 66)
5/4/2022 House
Conference committee appointed Matthews,
Jones, McGarry
(House Journal page 3)
5/4/2022 Senate
Conference committee appointed Climer,
Fanning, Kimbrell
(Senate Journal page 17)
5/12/2022 House Conference report received and adopted
5/12/2022 House Roll call Yeas 100 Nays 0
5/12/2022 Senate Conference report received and adopted (Senate Journal page 97)
5/12/2022 Senate Roll call Ayes 42 Nays 0 (Senate Journal page 97)
5/12/2022 Senate Ordered enrolled for ratication (Senate Journal page 102)
5/18/2022 Ratied R 236
5/23/2022 Signed By Governor
6/1/2022 Eective date 05/23/22
6/1/2022 Act No. 208
View the latest legislative information at the website
26 South Carolina Home-based Food Production Law Guidance
VERSIONS OF THIS BILL
1/28/2021
3/2/2021
3/3/2021
3/10/2021
3/11/2021
4/21/2022
4/25/2022
4/26/2022
5/12/2022
(A208, R236, S506)
AN ACT TO AMEND SECTION 44 1 143, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO REQUIREMENTS FOR HOME BASED
FOOD PRODUCTION OPERATIONS, SO AS TO EXPAND THE TYPES
OF NONPOTENTIALLY HAZARDOUS FOODS THAT MAY BE SOLD TO
INCLUDE ALL NONPOTENTIALLY HAZARDOUS FOODS, TO ALLOW FOR
DIRECT SALES TO RETAIL STORES, TO ALLOW FOR ONLINE AND MAIL
ORDER DIRECT TO CONSUMER SALES, AND TO ALLOW HOME BASED
FOOD PRODUCTION OPERATORS TO PROVIDE ON THEIR LABELS
AN IDENTIFICATION NUMBER PROVIDED BY THE DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL, AT THE OPERATOR’S
REQUEST, IN LIEU OF THEIR ADDRESSES.
Be it enacted by the General Assembly of the State of South Carolina:
Home based food production
SECTION 1. Section 44 1 143 of the 1976 Code is amended to read:
“Section 44 1 143.
(A) For the purposes of this section:
(1) ‘Home-based food production operation’ means an individual, operating out of the
individual’s dwelling, who prepares, processes, packages, stores, and distributes non-potentially
hazardous foods for sale directly to a person, including online and by mail order, or to retail stores,
including grocery stores. ‘Home based food production operation’ does not include preparing,
processing, packaging, storing, or distributing aluminum canned goods or charcuterie boards.
(2) ‘Non-potentially hazardous foods’ are foods that are not potentially hazardous.
(3) ‘Person’ means an individual consumer.
(4) ‘Potentially hazardous foods’ includes:
(a) an animal food that is raw or heat-treated; a plant food that is heat-
27Version 1.1 2022
treated or consists of raw seed sprouts; cut melons; cut leafy greens; cut tomatoes or mixtures
of cut tomatoes not modied to prevent microorganism growth or toxin formation; garlic in oil
mixtures not modied 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:
Aw values pH values
4.6 or less >4.6 5.6 >5.6
(1) <0.92 non PHF non PHF non PHF
(2) >0.92 0.95 non PHF non PHF PHF
(3) >0.95 non PHF PHF PHF
Foods in item (2) 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.
(B) The operator of the home-based food production operation must take all reasonable
steps to protect food items intended for sale from contamination while preparing, processing,
packaging, storing, and distributing the items including, but not limited to:
(1) maintaining direct supervision of any person, other than the operator, engaged in
the processing, preparing, packaging, or handling of food intended for sale;
(2) prohibiting all animals, including pets, from entering the area in the dwelling in
which the home-based food production operation is located while food items are being
prepared, processed, or packaged and prohibiting these animals from having access to or coming
in contact with stored food items and food items being assembled for distribution;
(3) prohibiting all domestic activities in the kitchen while the home-based food
production operation is processing, preparing, packaging, or handling food intended for sale;
(4) prohibiting any person who is infected with a communicable disease that can be
transmitted by food, who is a carrier of organisms that can cause a communicable disease that
can be transmitted by food, who has an infected wound, or who has an acute respiratory infection
from processing, preparing, packaging, or handling food intended for sale by the home-based
food production operation; and
(5) ensuring that all people engaged in processing, preparing, packaging, or handling
food intended for sale by the home-based food production operation are knowledgeable of
and follow safe food handling practices.
28 South Carolina Home-based Food Production Law Guidance
(C) Each home-based food production operation shall maintain a clean and sanitary facility to
produce non-potentially 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; and
(9) department approved sewage disposal, either onsite treatment or publicly provided.
(D) All food items packaged at the operation for sale must be properly labeled. The label must
comply with federal laws and regulations and must include:
(1) the name and address of the home-based food production operation. If a home-
based food production operator does not want to include his address on the label, then the
department shall provide an identication number to the operator, upon the operator’s request,
that can be used on the label instead;
(2) the name of the product being sold;
(3) the ingredients used to make the product in descending order of predominance by
weight; and
(4) a conspicuous statement printed in all capital letters and in a color that provides a
clear contrast to the background that reads: ‘PROCESSED AND PREPARED BY A HOME-
BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH
CAROLINA’S FOOD SAFETY REGULATIONS.’
(E) Home based food operations only may sell, or oer to sell, food items directly to a
person, including online and by mail order, or to retail stores, including grocery stores. Food
produced from a home-based food production operation shall be considered to be from
an approved source, as required of a retail food establishment pursuant to Regulation 61.25.
Any retail stores, including grocery stores, that sell or oer to sell home-based food products
must post clearly visible signage indicating that home-based food products are not subject to
commercial food regulations.
29Version 1.1 2022
(F) A home-based food production operation is not a retail food establishment and is
not subject to regulation by the department pursuant to Regulation 61.25.
(G) The provisions of this section do not apply to an operation with net earnings of less than
fteen hundred dollars annually but that would otherwise meet the denition of a home-based
food operation provided in subsection (A)(1).
(H) [Deleted]
(I) The provisions of this section apply in the absence of a local ordinance to the contrary.”
Time eective
SECTION 2. This act takes eect upon approval by the Governor.
Ratied on the 18
th
day of May, 2022.
Approved on the 23
rd
day of May, 2022.
30 South Carolina Home-based Food Production Law Guidance
a p p e n d i x B
Science-based (Academic)
Resources and Processes
There are many resources and cookbooks
that are available that provide science-based
or academic information related to preparing
non-potentially hazardous foods. It is
important to ensure that resources that you
choose to use are science-based, meaning that
they have undergone appropriate testing or
research to ensure that the product is safe if
the recipe is prepared exactly as written.
Recipes for jams, jellies, and preserves must
come from science-based recipes. Recipes
found on social media, websites or passed
along from other people should not be used
unless you can verify that the recipe is from
a science-based resource. The following is an
example list of science-based resources.
• The National Center for Home Food
Preservation
nchfp.uga.edu
• So Easy to Preserve
setp.uga.edu
• USDA Complete Guide to Home Canning,
2015
nchfp.uga.edu/publications/publications_
usda.html#gsc.tab=0
• Lime and Lemon Curd
digitalcommons.usu.edu/cgi/viewcontent.
cgi?article=1192&context=extension_curall
Standards of Identity
The FDA has developed standards of identity
(SOI) for many prepared foods such as milk
chocolate, various breads, and jams. The SOI
provides information on what ingredients
must be in the product, what proportion
of ingredients are required and processing
methods. Foods labeled as a product that
has a standard of identity must meet the
FDA dened SOI for that product. More
information on SOI and to look up the
SOI for specic foods can be found on the
following website: fda.gov/food/food-labeling-
nutrition/standards-identity-food.
31Version 1.1 2022
a p p e n d i x C
Other Foods and Types of Food Sales
that are Exempt from Retail Food
Establishment Permits
There are other foods and food sales that
are exempt from the requirement to have a
Retail Food Establishment permit by SC
Reg. 61-25, Section 8-301.12(A). These other
types of food sales are NOT COTTAGE
FOOD and may be prepared somewhere other
than a home kitchen and sold onsite directly
to the end consumer. These exemptions only
apply to retail sales (direct to the end consumer) and
do not apply to foods prepared and sold at a retail
location by someone else (wholesale).
• Personal chefs . . . employed to cook for the
owner and occupants of a private residence
and their guests. A personal chef may
purchase the food and shall prepare, cook,
and serve the food at the private residence
only.
• Cooking schools or classes where registered
students are active participants in preparing
the food and are the exclusive consumers
of the foods prepared. Food prepared by
participants may not be sold!
• Bake sales operated by churches or
charitable organizations where homemade
cakes, breads, and cookies may be
oered for sale only if they are not time/
temperature control for safety foods.
• Coee or coee-based beverages served
with pasteurized milk or cream prepared and
served either heated or cold.
• Beverages individually prepared upon
consumer’s request from a commercially
pre-packaged powdered mix with no
additional ingredients that are time/
temperature control for safety foods and
served in a single service cup.
• Commercially pre-packaged, pre-cut
frozen french fries.
• Salt boiled peanuts boiled or grilled corn.
(For immediate consumption, not packaged)
• Snow cones or shaved ice served with
pasteurized cold milk or cream from a
non-reusable container.
• Wae or pancake mix that is
commercially pre-packaged and
32 South Carolina Home-based Food Production Law Guidance
dispensed from self-serve units for service
not to exceed four (4) hours in duration.
Leftover portions of these products shall be
discarded at the end of service.
• Funnel cakes, mini-donuts, or similar type
products prepared from a single unit having
no more than three fryers. Mixed batters
shall not be held out of temperature for
more than four (4) hours. Leftover portions
of these products shall be discarded at the
end of service. (For immediate consumption,
not packaged)
All these foods may be prepared onsite and
sold by a business or vendor directly to the
end consumer without a Retail permit:
• Popcorn, cotton candy, candy apples;
• Soft drinks or beverages;
• Nachos served with heated cheese product;
• Commercially dehydrated pre-packaged
pork skins;
• Pre-formed or prepared pretzels that
require baking or warming only.
33Version 1.1 2022
a p p e n d i x d
Regulatory Decision Tree
Who Regulates My Food Products?
How will the food be sold?
Retail
NO
YES YES
NO
NO
NO
NO
YES
YES
YES
YES
Wholesale
If you no longer produce in a home kitchen, produce TCS foods, or require a permit from a
regulatory authority to sell, then this decision tree will help to guide you to determine which
regulatory authority will regulate your product.
Will the food be
prepared and served
onsite to the customer?
Does your product
contain more than 3%
raw or 2% cooked beef,
pork, chicken, or lamb?
Contact the SC Meat-Poultry
Inspection Department:
clemson.edu/public/lph/scmpid
Is your product cheese,
grade A dairy, a soft
drink, or water product?
Is your product seafood?
Does your product
contain 0.5% or
more alcohol?
Contact the SC Department of Agriculture:
agriculture.sc.gov/food-safety-compliance
Contact the SC Department
of Agriculture: agriculture.
sc.gov/food-safety-compliance
Contact the Alcohol,
Tobacco, Firearms Tax
and Trade Bureau: ttb.gov
Contact the SC
Department of Health
and Environmental
Control Food Safety
Division: scdhec.gov/
food-safety
Contact the SC Department
of Health and Environmental
Control Dairy Division:
scdhec.gov/food-safety
Contact the SC
Department of Health
and Environmental
Control Food Safety
Division: scdhec.gov/
food-safety
*Depending on
the product, the
SC Department of
Agriculture or the
SC Meat and Poultry
Inspection Department
may be involved in the
product’s regulations.
Will the food be prepared
and sold directly to the
public in a retail setting?
34 South Carolina Home-based Food Production Law Guidance
a p p e n d i x e
Label Guide
8/26/22 CPD Form #408
SOUTH CAROLINA DEPARTMENT OF AGRICULTURE
HOME-BASED FOOD PRODUCTION
LABELING QUICK GUIDE
REQUIRED STATEMENT
SAMPLE LABEL
Wheat Bread
INGREDIENTS: ENRICHED FLOUR (WHEAT,
NIACIN, THIAMINE, RIBOFLAVIN, FOLIC
ACID), HIGH FRUCTOSE CORN SYRUP,
CORN SYRUP, HONEY, MOLASSES, SOYBEAN
OIL, SUGAR, CORN FLOUR, MALT SYRUP,
WHEY (MILK), EGG WHITES, SOY LECITHIN,
YELLOW #5 AND RED #40. CONTAINS
WHEAT, SOY, MILK, EGGS.
Sample Bread Company
123 Residential Street
Columbia, SC 29555
PROCESSED AND PREPARED BY A HOME-BASED
FOOD PRODUCTION OPERATION THAT IS NOT
SUBJECT TO SOUTH CAROLINA’S FOOD SAFETY
REGULATIONS.
16 OZ (453 G)
Include a Statement of Identity. This is the common
name of the food. “Bread” is the Statement of
Identity.
Complete ingredient list in descending order of
predominance by weight. Expand sub-ingredients
using parentheses.
Major food allergens must be declared by their
common name. See the next page for detailed
information.
The producer’s business name and physical address
(including street address, city, state, and zip code) or
DHEC ID number.
This statement is required to appear on foods
produced under the Home-based Food Law. The
statement must be in all caps with sucient contrast.
The net contents are placed in the lower ⁄ of the front
panel in both customary and metric units.
The statement “PROCESSED AND PREPARED BY A HOME-BASED FOOD
PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA’S
FOOD SAFETY REGULATIONS.” is required to appear on home-based food labels
in all capital letters with a suciently contrasting background.
35Version 1.1 2022
8/26/22 CPD Form #408
South Carolina
DEPARTMENT OF AGRICULTURE
AGRICULTURE.SC.GOV
SOUTH CAROLINA DEPARTMENT OF AGRICULTURE
HOME-BASED FOOD PRODUCTION
LABELING QUICK GUIDE
ALLERGEN LABELING
Allergen labeling is required for the safety of consumers. The current 8 major allergens are Wheat, Soy, Milk, Eggs, Fin
Fish (species), Crustacean Shellfish (species), Peanut and Tree Nut (species). Sesame will become the 9
th
major allergen
eective January 1, 2023.
The allergen declaration is made one of two ways, as shown below. The major food allergens have been underlined for ease of viewing.
INGREDIENTS: ENRICHED FLOUR WHEAT,
NIACIN, THIAMINE, RIBOFLAVIN, FOLIC ACID,
HIGH FRUCTOSE CORN SYRUP, CORN SYRUP,
HONEY, MOLASSES, SOYBEAN OIL, SUGAR,
CORN FLOUR, MALT SYRUP, WHEY MILK, EGG
WHITES, PECANS, SOY LECITHIN, YELLOW #5,
AND RED #40.
INGREDIENTS: ENRICHED FLOUR WHEAT,
NIACIN, THIAMINE, RIBOFLAVIN, FOLIC ACID,
HIGH FRUCTOSE CORN SYRUP, CORN SYRUP,
HONEY, MOLASSES, SOYBEAN OIL, SUGAR,
CORN FLOUR, MALT SYRUP, WHEY, EGG WHITES,
PECANS, SOY LECITHIN, YELLOW #5, AND RED
#40. CONTAINS WHEAT, SOY, MILK, EGGS,
PECANS.
Within the ingredient list, followed by the common
name of the major allergen in parentheses.
The whey ingredient indicates it is a milk allergen
by listing “Whey (Milk)”. The remaining major
allergens are identified by their common name:
Wheat, Soy, Egg, Pecan.
A Contains Statement immediately after the
ingredient list.
In this instance, the Milk allergen is disclosed in
a Contains Statement. If a Contains Statement is
used, it must list all major allergens present in the
product.
A Contains Statement is not required if all
allergens are disclosed in ingredient list.
Nutrition Facts panels will generally
not be required for Home-based
foods. If the food label makes any
nutrient content or health claims,
then a Nutrition Facts Panel is
required. Additionally, these claims,
if used, must be in compliance with
21 CFR 101.13 or 21 CFR 101.14.
Where can I find more information
on labeling?
fda.gov/media/81606/download
WITHIN THE INGREDIENT LIST
CONTAINS STATEMENT
36 South Carolina Home-based Food Production Law Guidance
a p p e n d i x F
SC DHEC ID Number Application
Application for Home-Based Food
Bureau of Environmental Health Services
Date: 20
Name:
Physical Address: SC
Street City State Zip
Mailing Address: SC
Street City State Zip
(If different from Physical Address above)
Primary Phone: Secondary Phone:
Email Address(es):
Owner's Name(s):
(Complete if different from name above)
Primary Phone: Secondary Phone:
Email Address(es):
To submit the completed and signed application, mail it to the DHEC Central Office (Attn: Division of Food and
Lead Risk Assessments), fax it to the Division's Main Office or email it to the Program Coordinator at:
2600 Bull Street, Columbia, SC 29201
(803) 896-0644 (Phone)
(803) 896-0645 (Fax)
Personal information provided on this document is subject to public scrutiny or release under FOIA.
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
DHEC 4357 (08/2022)
37Version 1.1 2022
Application for Home-Based Food
Instructions for Completing DHEC 4357
1. Provide the date.
2. Provide the name of the Home-Based Food applicant.
3. Provide the applicant's physical address to include the city and zip code.
4. Provide mailing address (if different from physical address above), including city and zip code.
5. Provide primary and secondary contact telephone numbers including the area code.
6. Provide the contact email address.
7. Provide the owner’s name, primary and secondary contact telephone numbers including the area code and
contact email address, if different from above.
8. Form should be signed and dated by the person in charge (owner).
9. Submit form to the email or mailing address or the fax number provided on this form.
Retention schedule for this form is: 11701- Retail Food Establishments.
Personal information provided on this form is subject to public scrutiny under FOIA.
Purpose: Instructions and Application for people that are selling under the home based food production law (without a
DHEC permit) to receive a DHEC issued identifier number to put on their required label, as per the law, instead of putting
their home address.
Instructions:
Office Mechanics and Filing:
DHEC 4357 (08/2022)
38 South Carolina Home-based Food Production Law Guidance
a p p e n d i x G
Frequently Asked Questions
Can I sell my “cottage food” from a food truck?
The food must be prepared and packaged
in the home kitchen. No preparation or
modication may be done in the mobile unit
such as icing cupcakes, etc. The product
sold from the mobile unit must have been
pre-packaged.
Will vacuum packaging of non-TCS products be
allowed?
Vacuum packaging is only allowed for
non-TCS foods that have a low water activity,
such as dry spice blends, baking mixes, and
nut meats.
Will scales used to provide ingredient
weights (requirement to list all ingredients in
decreasing order by weight) be required to be
calibrated by SCDA?
No.
Can individuals render lard from a home
kitchen for direct-to-consumer sale?
No. Lard is considered a meat product and
cannot be produced for sale unless produced
in either a DHEC kitchen for direct-to-
consumer sales or it must be inspected at a
fully inspected facility (USDA or SCMPID)
for wholesale to large distributors.
Can I advertise my cottage food business?
Yes, as long as the law is followed.
Is soap allowed to be made and sold under the
cottage law?
Soap is a cosmetic and not a food, so it is
not covered under the Home-based Food
Production Law. Registration to make and sell
soap is voluntary.
Can I sell fruits and vegetables grown at my
home (or on my farm) under the cottage law?
Produce that is only cut for harvest and not
further cut or processed after harvest can be
sold but is not covered under the Home-based
Food Production Law.
Can I sell have online sales to other states?
No, online sales of cottage foods only applies
to South Carolina.
39Version 1.1 2022
Notes
40 South Carolina Home-based Food Production Law Guidance
Notes
South Carolina Home-based Food Production Law Guidance
p u B l i s h e d F a l l 2 0 2 2
