Whoopie Pies. Cookies fall under the Home-Based Food Production Law but icing fillings may have special requirements depending on their ingredients.
Kimberly Baker, ©2018, Clemson University
The Law
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.
Where Can Home-Based Foods Be Sold
Home-based food producers are allowed to sell food to the following:
1. Direct to the consumer (including online 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.’
Yeast Bread falls under the Home-Based Food Production Law.
Kimberly Baker, ©2018, Clemson University
What Foods Are Allowed and Not Allowed
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. To access this document, visit https://bit.ly/SC_CottageFoodLawGuide.
Additional Information
For more information, contact Samantha Houston, Kimberly Baker, or Adair Hoover at sccottagefood@clemson.edu
Sources:
- South Carolina Regulation 61-25. http://www.scdhec.gov/FoodSafety/Docs/NewRegulation/Regulation 61-25.pdf
Originally published 04/18
