SDCL § 34-18-38: Exemption from licensure––Requirements.

A person selling food prepared at the person's primary residence, in accordance with § 34-18-35, is exempt from the licensing and license fee provisions of this chapter if:

(1) The food meets the requirements of § 34-18-37;

(2) The food is sold in the seller's physical presence at:

(a) The seller's primary residence;

(b) A farmer's market;

(c) A roadside stand; or

(d) Other temporary sale venue; and

(3) The seller, or a person residing at the seller's primary residence, personally delivers the food to the buyer at the completion of the sale.