Home Bakery Permit Requirements in Aberdeen, SD

1. EIN (Employer Identification Number)

   Required if you have employees or operate as an LLC or corporation. Free from the IRS.

   Official government source

   Free·Immediate (online application)

   Free

   Immediate (online application)

1. South Dakota Department of Revenue - Sales Tax License

   Any business with a physical presence in South Dakota must be licensed for sales tax collection, and South Dakota taxes services as well as tangible personal property and products transferred electronically. The state sales and use tax rate is 4.2 percent (reduced from 4.5 percent), and municipal sales and use tax of generally 1 to 2 percent applies where the purchaser receives the product or service. Remote sellers and marketplace providers with more than $100,000 in gross sales into South Dakota in the previous or current calendar year must also license and remit. Register using the Department of Revenue's online Tax License Application.

   Official government source

   Free - there is no fee for a South Dakota sales tax license·Apply online through the Tax License Application; the license is typically issued within a few business days

   Free - there is no fee for a South Dakota sales tax license

   Apply online through the Tax License Application; the license is typically issued within a few business days

2. Food Safety Manager Certification (not required for cottage food)

   South Dakota's cottage food laws let home producers sell many items - baked goods, home-canned high-acid foods such as jams and pickles, dried mixes, naturally fermented foods, and frozen produce - directly to consumers from a home, farmers market, or similar venue without a food service license, so a certified food protection manager is not required for those products. ARSD 44:02:07:03 requires at least one person who has passed an eight-hour food service training and certification program only at licensed food service establishments. Labeling is still required on packaged cottage food items, and some products (low-acid home-canned foods, juices, take-and-bake items, other prepared foods) do require a state license.

   Official government source

   $0 for a cottage food operation. If pursued voluntarily, ANSI-accredited courses listed by SD DOH run about $100 (for example $59.95 for the online course plus a $40 proctored exam) up to roughly $159.·Courses are self-paced online with a proctored exam and are typically completed in one to two days

   $0 for a cottage food operation. If pursued voluntarily, ANSI-accredited courses listed by SD DOH run about $100 (for example $59.95 for the online course plus a $40 proctored exam) up to roughly $159.

   Courses are self-paced online with a proctored exam and are typically completed in one to two days

1. South Dakota Homemade Food (Cottage Food) Exemption

   South Dakota's homemade food law (SDCL 34-18-35) exempts a person selling non-temperature-controlled food prepared at a residence, home-processed canned goods, and baked goods prepared at a residence from the licensing provisions of the state food code - no food service license, plan review, or inspection is required. SDCL 34-18-38 sets the conditions: the food must carry the label required by SDCL 34-18-37 (product name, producer name, physical address of production, mailing address, phone, date made, ingredients, and the 'not produced in a commercial kitchen' disclaimer), it must be sold in the seller's physical presence at the seller's primary residence, a farmers market, a roadside stand, or another temporary sale venue, and the seller or a household member must personally deliver it to the buyer. Canned goods must have pH 4.6 or below or water activity 0.85 or below, and the producer must complete department-approved food safety training every five years or hold third-party processing-authority verification (SDCL 34-18-36); that same training also unlocks sales of refrigerated fermented foods, kuchen and cream/custard baked goods, and home-frozen fruit and produce (SDCL 34-18-36.1). South Dakota law sets no annual gross sales cap on these sales. Foods outside these categories, and any sale not made in person, still require a state food service license.

   Official government source

   $0 - SDCL 34-18-38 exempts qualifying homemade food sales from both the licensing and the license fee provisions of SDCL ch. 34-18. Department-approved food safety training (required only for canned goods and the SDCL 34-18-36.1 categories) is offered online.·N/A - no state registration or approval step for qualifying direct sales

   $0 - SDCL 34-18-38 exempts qualifying homemade food sales from both the licensing and the license fee provisions of SDCL ch. 34-18. Department-approved food safety training (required only for canned goods and the SDCL 34-18-36.1 categories) is offered online.

   N/A - no state registration or approval step for qualifying direct sales

2. No Aberdeen General Business License Required

   Aberdeen does not issue a general business license. The City Finance Office (Auditor Division, 605-626-7023) issues licenses only for a specific enumerated list of activities: ambulance driver, ambulance service, garbage hauler, community event, day care, junk dealer, lottery notice, mobile home park, pawn broker, street use, shooting gallery, special event alcohol, taxi/motorbus company, taxi/motorbus driver, transient merchant/solicitor, and alcohol. Trades such as plumbing, HVAC, and pest control are not on that list and need no city business license. Their state-level licensing applies instead: plumbing through the SD Plumbing Commission, pesticide application through SD DANR, and there is no statewide HVAC or mechanical contractor license. A South Dakota sales tax license from the Department of Revenue is still required.

   Official government source

   $0 - no general business license exists·N/A - no application

   $0 - no general business license exists

   N/A - no application

Official Sources

• South Dakota Cottage Food Law
• City of Aberdeen City Finance Office

Related Guides