Many communities host farmers markets as a way for producers to sell fresh food directly to their consumers.

In South Dakota, there are “cottage” laws that allow this exchange of goods without a food service license. Review various laws and requirements regarding home-canned foods, baked goods, fresh and frozen meats, fish, produce, food samples, and more.

All vendors are required to produce safe, wholesome food products in a sanitary manner whether licensed or not.

Please be aware that the law only provides license exemption for specific types of food items. The law does not provide an exemption for all food products and all regulations. In addition, the law only allows for these food products to be sold directly to the consumer from a home, farmers market, or similar venue.

Find a Farmers Market Review Farmers Market Regulations Review Guidance for Managers & Vendors

Sampling Requirements

The following is a list of minimum requirements that should be followed when providing food samples at a Farmer's Markets, roadside stand, or similar events. This list is for food items that the marketer is selling and wants to provide free small portion-sized samples for advertisement purposes only.

  • Food samples must be cut/prepared on-site at the farmer’s market, roadside stand, or similar event.
  • Food must be in good, sound condition, free from spoilage, filth, or other contamination. Food must be honestly presented and safe for human consumption.
  • Individual single-use containers or pre-portioned bite-sized foods must be used.
  • Any food that requires temperature control once it is cut or open must be kept at or below 41°F if cold held or 140°F or above for hot held to ensure food safety.
  • Dispensing of food products must be done through the use of clean, sanitized utensils, deli sheets, or through the use of single-use gloves covering clean hands.
  • Sneeze guards and/or plastic coverings are required to protect open food products from contamination, such as insects or dirt.
  • A handwashing station must be provided. The handwashing station must include a container of warm potable water with a spigot, a wastewater catch bucket, hand soap, and disposable paper towels.