Wisconsin Cottage Food Laws

Wisconsin has no general cottage food statute. Instead, court orders in Kivirist v. DATCP bar the Department of Agriculture, Trade and Consumer Protection, or DATCP, from enforcing licensing against home bakers who make non-potentially hazardous baked goods and sell directly to consumers. Unbaked goods such as fudge and candy still need a license. A separate state law lets people sell home-canned pickles and other acidic fruits and vegetables without a license, up to $5,000 a year. This guide covers what you can sell, how you can sell, labeling and when you need a license.

Disclaimer: This page is general information, not legal advice. Wisconsin's home baking rules come from court orders and may change with litigation or legislation. Local zoning, HOA and tax rules vary. Confirm current requirements with DATCP's Division of Food and Recreational Safety, or with an attorney, before you start selling.

Quick facts

• Court orders prohibit enforcing licensing against home bakers who make non-potentially hazardous baked goods and sell directly to consumers. DATCP Licenses and Homemade Baked Goods fact sheet
• The orders apply only to baked goods made in a home. Unbaked goods such as chocolates, fudge, cereal treats and candy still require a license. DATCP Licenses and Homemade Baked Goods fact sheet; Legislative Council issue brief
• Wholesaling baked goods requires a license. DATCP Licenses and Homemade Baked Goods fact sheet
• Home-canned pickles and other fruits and vegetables with a pH of 4.6 or lower may be sold without a license at community or social events and farmers markets, under $5,000 a year. Wis. Stat. 97.29(2)(b)2
• No sales cap was set for home bakers by the court orders as described by DATCP. DATCP Licenses and Homemade Baked Goods fact sheet

What the law calls it

• Wisconsin law has no "cottage food" category. DATCP refers to "home bakers" and "homemade baked goods" under the Kivirist court orders. DATCP Licenses and Homemade Baked Goods fact sheet

Foods you can sell

• Baked goods that are not potentially hazardous under Wis. Stat. 97.29(1)(hm) and 97.30(1)(bm), meaning foods baked by dry heat above 140 F in a closed chamber such as an oven, with a finished product that is not potentially hazardous. DATCP Licenses and Homemade Baked Goods fact sheet
• Home-canned pickles and other processed fruits and vegetables with an equilibrium pH of 4.6 or lower, under the canning exemption. Wis. Stat. 97.29(2)(b)2

Foods you cannot sell without a license

• Unbaked goods such as chocolates, fudge, rice cereal treats and candies. The Court of Appeals held licensing for these foods constitutional, and the Supreme Court declined review. Legislative Council issue brief
• Potentially hazardous baked goods, such as those needing refrigeration. DATCP Licenses and Homemade Baked Goods fact sheet

Sales limit

• Home bakers: no cap is stated in DATCP's fact sheet. DATCP Licenses and Homemade Baked Goods fact sheet
• Home canners: less than $5,000 a year from sales of canned goods. Wis. Stat. 97.29(2)(b)2

Where and how you can sell

• Home bakers: the court orders cover direct sales to consumers. DATCP's fact sheet does not address online sales or shipping. DATCP Licenses and Homemade Baked Goods fact sheet
• Wholesale: baked goods sold wholesale must come from a licensed business. DATCP Licenses and Homemade Baked Goods fact sheet
• Home canners: sales are limited to community or social events and farmers markets in Wisconsin. Wis. Stat. 97.29(2)(b)2

Labeling rules

• DATCP's fact sheet sets no label rule for home bakers under the court orders. Federal and state misbranding laws still apply. DATCP Licenses and Homemade Baked Goods fact sheet
• Home canners must display a sign reading "These canned goods are homemade and not subject to state inspection." Wis. Stat. 97.29(2)(b)2
• Each canned item must be labeled with the preparer's name and address, the canning date, "This product was made in a private home not subject to state licensing or inspection." and ingredients in descending order, with major allergens named. Wis. Stat. 97.29(2)(b)2

Zoning, HOAs and local rules

• The court orders address state licensing only. Check with your municipality about zoning and home business rules. DATCP Licenses and Homemade Baked Goods fact sheet
• Check your HOA documents, since DATCP does not review private covenants.

Inspections

• DATCP's fact sheet does not describe inspections for home bakers. It says ongoing litigation may affect the court orders and that operators should determine whether they need a license. DATCP Licenses and Homemade Baked Goods fact sheet

When you need a license

• Unbaked goods, potentially hazardous foods, wholesale and commercial kitchen bakeries require DATCP licensing under ATCP 70 and ATCP 75. DATCP Licenses and Homemade Baked Goods fact sheet; Legislative Council issue brief

Timeline

• May 31, 2017: the Lafayette County Circuit Court ruled for the plaintiff home bakers in Kivirist v. DATCP (Case No. 2016CV06). Legislative Council issue brief
• Sept. 29 and Oct. 2, 2017: the court expanded its order to qualifying home bakers generally. Legislative Council issue brief
• Wisconsin Cottage Food Association v. DATCP: the Court of Appeals reversed a ruling for unbaked goods, and the Supreme Court denied review. Legislative Council issue brief
• May 2025: DATCP updated its home baked goods fact sheet. DATCP Licenses and Homemade Baked Goods fact sheet
• Oct. 13, 2026: this page was last reviewed against DATCP guidance and Wisconsin statutes.

Frequently asked questions

Do I need a license to sell baked goods from home in Wisconsin?

Not for non-potentially hazardous baked goods sold directly to consumers, under the Kivirist court orders. Source: DATCP Licenses and Homemade Baked Goods fact sheet.

Can I sell fudge or candy from home in Wisconsin?

No. Unbaked goods such as fudge, chocolates and candy still require a license. Source: Legislative Council issue brief.

Is there a sales cap for Wisconsin home bakers?

DATCP's fact sheet does not set one. Source: DATCP Licenses and Homemade Baked Goods fact sheet.

Can I sell to stores or cafes?

No. Businesses wholesaling baked goods must be licensed. Source: DATCP Licenses and Homemade Baked Goods fact sheet.

Can I sell home baked goods online in Wisconsin?

DATCP's fact sheet does not address online sales. It says the orders cover direct sales to consumers. Source: DATCP Licenses and Homemade Baked Goods fact sheet.

Can I sell home-canned pickles?

Yes, without a license, at community or social events and farmers markets, under $5,000 a year, with a sign and labels. Source: Wis. Stat. 97.29(2)(b)2.

What must a home-canned label say?

Your name and address, the canning date, ingredients and the required private home statement. Source: Wis. Stat. 97.29(2)(b)2.

Can I sell cheesecake or cream pies from home?

No. Potentially hazardous baked goods are not covered by the court orders. Source: DATCP Licenses and Homemade Baked Goods fact sheet.

Can the rules change?

Yes. DATCP says ongoing litigation may affect this information. Source: DATCP Licenses and Homemade Baked Goods fact sheet.

Official sources

• DATCP: Licenses and Homemade Baked Goods (P-DFRS0222, 05/2025)
• Wisconsin Legislative Council: Wisconsin's Cottage Food Law (June 2025)
• Wis. Stat. 97.29(2)(b)

This page is general information, not legal advice. Wisconsin's home baking rules come from court orders and may change with litigation or legislation. Local zoning, HOA and tax rules vary. Confirm current requirements with DATCP's Division of Food and Recreational Safety, or with an attorney, before you start selling.