FAQ

Different agencies in South Carolina regulate food products depending on the type of food and/or how they are distributed to the end consumer. The following questions will help you decide on which agency will regulate your food product. Contact information is provided with each agency so you can obtain more specific information about their regulations.

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The South Carolina Home-based Food Production Law was updated on May 23, 2022. We are collaborating with the SC regulatory authorities to update all educational resources. We will update current resources as soon as possible.

Foods that fall under the jurisdiction of the South Carolina Department of Agriculture (SCDA) must meet the following regulations:

1. Prepared in an approved facility (a home kitchen is not approved).
2. Registered using a Registration Verification Certificate, which initiates an inspection by SCDA to verify the safety of your facility and food production process and that it meets all state and federal regulations.
3. Have your product label reviewed by SCDA.
4. Comply with regular unannounced inspections of your facility and process by SCDA.

Additional regulations may be required depending on the type of food product that you are producing.

For more information contact Adair Hoover at cpope@clemson.edu (Food2Market Coordinator) or Angie Culler-Matthews the Food Safety and Compliance Manager for the South Carolina Department of Agriculture at aculler@scda.sc.gov.

The three primary types of testing that are performed to ensure product safety include pH (a measure of acidity), water activity (a measure of water available to microorganisms) and nutritional analyses (for nutrition label). Food products that are prepared to be shelf stable require pH testing.

If the food product has high sugar content then a water activity test may also be required. These tests are also used to determine if a food product is classified as either an acid, acidified or low-acid food. Products that are classified as acidified and low acid require the processor to have a Better Process Control School certificate and registration of their facility and process with the Food and Drug Administration. This is a requirement of the FDA and must be done before registering the product with SCDA.

All food product testing results are written into a process control letter, which is required documentation to show proof of testing with the South Carolina Department of Agriculture. Nutritional analysis can also be performed on your product if you wish to have a nutrition facts panel on your label, however, this is not a requirement unless you are producing over 100,000 units per year or have over 100 employees.

Some baked goods and other food products may require testing (pH and/or water activity) to determine if the product is a potentially hazardous food. Foods that are classified as potentially hazardous foods require refrigeration.

Here is a chart that may be useful in deciding what type of testing your product requires

To get more information about product testing please see the Who regulates the food I sell section, Product Testing Form and Product Testing Fact Sheet

If you have any additional questions about food product testing please contact Adair Hoover at cpope@clemson.edu (Food2Market Coordinator).

Jams and jellies* are regulated under the South Carolina Department of Health and Environmental Control when sold at Farmer's Markets. They are not regulated under the Cottage Food Law, and, therefore, cannot be produced in a home kitchen. In order to sell jams and jellies at a Farmer’s Market you must meet the following regulations:

• Have jam or jelly prepared in an approved facility
• Have jam or jelly tested if required (see additional information below)
• Apply for a SCDHEC permit
• Follow all FDA labeling guidelines
• Comply with regular unannounced inspections of your facility and process by SCDHEC

Non-standard jams and jellies require product testing by a process authority to ensure product safety. To get more information about product testing please see the Product Testing Form and Product Testing Fact Sheet.

*The South Carolina Home-based Food Production Law was updated on May 23, 2022.  We are collaborating with the SC regulatory authorities to update all educational resources.  We will update current resources as soon as possible. 

For more information contact Adair Hoover at cpope@clemson.edu (Food2Market Coordinator).

The South Carolina Home-based Food Production Law was updated on May 23, 2022.  We are collaborating with the SC regulatory authorities to update all educational resources.  We will update current resources as soon as possible. 

To make and sell BBQ sauce you will need to follow the South Carolina Department of Agriculture regulations, which includes:

1. Prepare BBQ sauce in an approved facility (a home kitchen is not approved)
2. Have the pH tested to ensure the safety of the sauce and to receive a process control letter, which is required by the FDA
3. Apply for a Registration Verification Certificate, which initiates an inspection by SCDA to verify the safety of your facility and food production process and that it meets all state and federal regulations
4. Have your product label reviewed by SCDA
5. Comply with regular unannounced inspections of your facility and process by SCDA

To get more information about product testing please see the Product Testing Form and Product Testing Fact Sheet. For more information contact Adair Hoover at cpope@clemson.edu (Food2Market Coordinator) or Angie Culler-Matthews the Food Safety and Compliance Manager for the South Carolina Department of Agriculture at aculler@scda.sc.gov .

Services offered by the Food2Market program are listed below along with their respective prices and contact information.

*Cost varies depending on the complexity of the project

**Priced on a project-by-project basis

Please add $100 per test for out-of-state firms.

Other lab services may be available upon request pending the appropriate equipment to perform the test is available. Please email Adair Hoover at cpope@clemson.edu to learn about additional services.

Contacts:

• Adair Hoover cpope@clemson.edu
  
• Dr. Scott Whiteside wwhtsd@clemson.edu

Visit our factsheet on the Home & Garden Information Center for more information.

Sometimes church kitchens may be used if they are DHEC approved. Also, some people can make deals to use restaurant kitchens during off hours. Additionally, copackers can be used to make and package the product for you.

Below is a list of co-packers:

BakeMark
Tim Stewart
5790 N Blackstock Rd
Spartanburg, SC 29303
(864) 573-4040
Dry and wet foods

C.F. Sauer Foods
728 N Main St
Greenville, SC 29662
(800) 876-2433  
Mayonnaise and salad dressings

Creative Foods
George Odachowski
5912 Campbell St
Hanahan, SC 29410
(843) 747-5102
georgeo@creativefoodinc.com
Sauces and rubs

DiscoverFresh Foods
211 Pine Rd
Easley, SC 29642
(864) 991-8895
admin@dukefp.com  
Baked goods, spreads, dips, and salsas

The Frogmore Bottling Company
Will Collins
10 Old Polowana Rd
St. Helena Island, SC
(843) 377-2602
will@seasidegrown.com 

Pioneer Frozen Foods
Dennis Poe
Prosperity, SC
(803) 364-7234  
Dry and wet foods

List of National Co-packers
Copackers - Food Business Resource - Specialty Food Resource

However, if none of these options seem feasible for you, please refer to this list of commercial and shared-use kitchens in South Carolina:

Blue Ridge Food Ventures
Michael McDonald
1461 Sand Hill Rd
Candler, NC 28715
(828) 348-0130 

Chester Regional Agribusiness Center
Courtney Lee
111 Columbia St
Chester, SC 29706
(803) 658-8554
buylocalfoodnow@gmail.com

City Center Market
Rick Englehorn
200 Sanborn St
Florence, SC 29501
renglehorn@cityofflorence.com

The Colleton Commercial Kitchen
Matt Mardell
514 E Washington St
Walterboro, SC 29488
(843) 549-2303
mmardell@colletoncounty.org

DER KitchenDavid Roberts
2501 Main St
Columbia, SC 29201
(803) 779-3003
der@derkitchen.com

Episcopal Church of the Good Shepherd
Libby Bradford
108 E Liberty St
P.O. Box 437
York, SC 29754
(803) 242-8407

Fairplay Certified Canning and Processing Kitchen
Fairplay, SC
Cynthia Spejewski (864) 650-8480
Peggy North (859) 512-2568
Dianna Salgiver (864) 221-4064

Greenville Professional Catering’s Commercial Kitchen Rental
Lisa Alexander
775 Woodruff Rd, Ste J2
Greenville, SC 29607
(864) 230-4725
gpcllc2011@gmail.com

Imagine Kitchen
Jef & Stephanie Heuerman
420P The Parkway
Greer, SC 29650
(864) 663-2466
jh@imaginekitchen.com

Old Mill Shared Use Kitchen
518 Conestee Road AND 339-A Miller Rd
Greenville, SC 29605 Mauldin, SC 29662
(864) 277-6223
oldmillcafe518@gmail.com

For more information contact Adair Hoover at cpope@clemson.edu (Food2Market Coordinator).

The following outline is a good procedure to follow when attempting to start a specialty food business.

The Product

• Develop a prototype, test it out on people. Collect and incorporate feedback (flavor, texture, appearance).
• Determine the market form (shelf-stable, refrigerated/frozen, baked, canned).
• Determine the batch size for start-up, commercial operation. (Typical is 5-10 gallons for liquids or 15-25 lbs for solids).
• Consult a process authority.
  • Does the formulation/process need to be changed for safety?
  • What testing is needed?
• Process Authority and Scheduled Process
• Determine the cost of your approved, scaled-up recipe.

The Business Plan

• Write a business plan to help you focus on business goals and funding needs.
• Consider getting liability insurance.
• Regulate your business within state (or federal if interstate).

Packaging Nutrition Labels

• Decide on a product name.
• Choose a size and shape compatible with your packaging.
• Decide if you want to invest in a bar code. Membership fee of $750. Large stores require bar codes.
• Labels have to meet the FDA requirements for font size/information.

Market Decisions

• Write a marketing plan.
• Decide where you will sell your product.
• Determine a selling price; consider your competition's price and your financial needs.
• Develop a distribution method (your car, the mail, a distributor, broker).

Production

• Decide where you will product your product (commercial kitchen, pilot plan, co-packer).
• Find storage space for ingredients, packaging, and final product.
• Schedule time at these product facilities.

For more information contact Adair Hoover at cpope@clemson.edu (Food2Market Coordinator).

Selling cakes and other baked goods produced in one's own kitchen is becoming increasingly popular. Luckily, this is allowed under the law with a few stipulations. First, you must sell directly to the end consumer; products may not be shipped. Additionally, you cannot sell across state lines due to the fact the different states have different laws concerning food made in one's own kitchen (called "Cottage Food Law"). Finally, the food to be sold must be covered under South Carolina's Cottage Food Law*. The details of this law are described in The Cottage Law Factsheet.

*The South Carolina Home-based Food Production Law was updated on May 23, 2022. We are collaborating with the SC regulatory authorities to update all educational resources. We will update current resources as soon as possible.

If you have any further questions, please direct them to Adair Hoover (cpope@clemson.edu).

The South Carolina Food and Cosmetic Act requires food products to be manufactured and processed in an approved and registered facility under safe and sanitary conditions. Foods may only be produced in a domestic kitchen if they are non-hazardous baked goods or candies (see The Cottage Law Factsheet for an extensive list of items allowed and not allowed under this law.)* The penalty for operating without a permit or Registration Verification Certificate (RVC) is $1000 per violation.

For more information please contact Adair Hoover cpope@clemson.edu.

Selling pickled eggs is highly regulated by the South Carolina Department of Agriculture (SCDA). The eggs require testing, registration, and records. Pickled products are not covered under The Cottage Food Law and therefore must be produced in a DHEC-approved kitchen and the producer must have a Registration Verification Certificate (RVC).

For more information, please contact Adair Hoover at cpope@clemson.edu.

Selling pet food in South Carolina requires registration. All feed products that make a nutritional claim are required to be registered before being sold in South Carolina. That includes homemade pet treats as well as livestock feeds and pet food. This registration is annual. If you have a commercial feed, pet food, or pet treats that you would like to sell in South Carolina, go to SC Department of Agriculture Feed Safety & Compliance page for more information.