Last verified 16 Sep 2026 · Sources
Wisconsin is the outlier among cottage food states: there is no cottage food statute for baked goods, only a 2017 court order that stops the state from enforcing its retail-food-license law against home bakers selling non-hazardous, shelf-stable items directly to consumers. Home-canned acidified foods have their own separate rule, the “pickle bill” (Wis. Stat. § 97.29(2)(b)), which caps sales at $5,000 a year and requires a specific disclaimer. Everything else homemade and non-baked (candy, granola, roasted coffee, dried herbs) lost its exemption when the Wisconsin Court of Appeals reversed a lower court’s 2022 ruling in November 2024, a decision the Wisconsin Supreme Court left standing in April 2025. Neither track requires an FDA Nutrition Facts panel unless your label makes a nutrient or health claim.
| Quick facts | Wisconsin |
|---|---|
| Revenue cap | None (baked goods); $5,000/yr (canned goods) |
| Permit or registration | None; baked goods exempt by court order, not statute |
| Sales channels | Direct to consumer only, in person |
| Online sales | No |
| Required label statement | “"This product was made in a private home not subject to state licensing or inspection." (canned goods, per statute; recommended but not statutorily required on baked goods)” |
| Nutrition Facts panel | Not required unless you make a nutrient claim |
| Administered by | Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) |
| Governing law | Wis. Stat. § 97.29(2)(b) (Pickle Bill) |
What Wisconsin lets you sell from home
Two narrow, unrelated carve-outs exist, and nothing in between. First, home-baked goods: DATCP’s guidance describes these as items “exposed to dry heat, transferred via air, at a temperature above 140°F, to a food in a closed chamber such as an oven,” and the finished product must not be a “potentially hazardous food” under Wis. Stat. §§ 97.29(1)(hm) and 97.30(1)(bm): no cream fillings, custards, or anything needing refrigeration (datcp.wi.gov/Documents2/HomemadeBakedGoods.pdf). Second, home-canned acidified foods under the pickle bill: pickles, salsas, sauerkraut, kimchi, chutneys, jams, jellies, and other fruit- or vegetable-based products with a pH of 4.6 or below (datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx).
Everything else (chocolates, fudge, granola, dried herb blends, roasted coffee, dehydrated produce, and any other non-baked, non-hazardous food) is not covered. A Lafayette County court briefly extended the exemption to that category in December 2022, but the Court of Appeals reversed the injunction on November 19, 2024, holding that the state’s line between baked and non-baked home foods survives rational-basis review (wicourts.gov opinion, seqNo 878326). The Wisconsin Supreme Court denied review on April 10, 2025 (ij.org), so that broader carve-out is not current law. Fermented, refrigerated, and potentially hazardous foods are off the table under either exemption.
Permits, registration, and the revenue cap
Neither track requires a license, registration, or kitchen inspection. For home baking, that’s simply because there’s no statute to register under. DATCP’s own guidance says the court’s order “prohibit[s] enforcement of licensing requirements” for qualifying home bakers, full stop, with no cap on production or revenue stated (datcp.wi.gov/Pages/Licenses_Permits/HomeBakers.aspx). For pickle-bill canning, the cap is explicit: $5,000 in gross sales per individual producer per year (datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx).
Because the baked-goods exemption is a standing court injunction, not a law, it can move again: a 2025-26 Senate bill (the “cookie bill”) would create a licensed cottage food category requiring registration, liability insurance, a food handler certificate, and a $40,000 gross-sales cap, with inspections waived only under $10,000. Similar bills passed the Senate in 2013, 2015, and 2017 without an Assembly vote (wpr.org). It had not become law as of this writing.
Where you can sell
Under the court order, you may sell home-baked goods “directly to consumers.” DATCP’s guidance names this the qualifying condition and says wholesaling requires a license, but doesn’t say whether phone, mail, or internet orders count as direct sales (datcp.wi.gov/Documents2/HomemadeBakedGoods.pdf). Until DATCP says otherwise, in-person transactions (at home, a farmers market, or a stand) are the clearly documented path.
Pickle-bill sales are more restrictive and explicit: only at farmers markets, flea markets, community events, or social gatherings within Wisconsin. Selling from home, online, by mail order, wholesale, on consignment, or across state lines is not part of the exemption (datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx). Retail and grocery placement is off-limits for both tracks.
What has to be on the label
For home-canned pickle-bill products, DATCP requires:
- Producer’s name and address
- The canning date
- Complete ingredient list, in descending order, with the eight major allergens plus sesame identified
- A point-of-sale sign at the table or stand reading “These canned goods are homemade and not subject to state inspection”
- The product label statement, below
This product was made in a private home not subject to state licensing or inspection.
(datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx)
For home-baked goods, DATCP’s published guidance doesn’t prescribe mandatory label wording; there’s no baked-goods statute to attach one to. County health departments implementing the court order commonly recommend the same disclaimer, plus the product name, ingredient list, allergen statement, and your name and address, as a practical safe harbor rather than a legal mandate.
When you need a Nutrition Facts panel
Neither the pickle bill nor the home-baking court order requires an FDA Nutrition Facts panel. The private-home disclaimer stands in for one. That changes the moment a label, package, or even a farmers-market sign or social-media caption makes a nutrient content claim (“low sugar,” “high fiber”) or a health claim; at that point your product is making a claim FDA regulates under 21 CFR 101.9, and no state exemption covers it. The same is true if you move into wholesale, retail placement, or interstate shipping, since both Wisconsin carve-outs stop at direct, in-state, consumer-facing sales.
Whether the trigger is a claim, a co-packer’s requirement, or outgrowing Wisconsin’s direct-sales-only rules, a panel that’s already built lets you take the opportunity instead of waiting on a label. Enter your recipe, then see your label: its shape and calorie count, the claims you qualify for and your allergen line are free, no card required, and every other value and %DV stays hidden until you unlock it. $29 unlocks every other nutrient value and %DV, your ingredient statement, your allergen declaration, and every FDA format your product qualifies for; or send us the recipe and we build it. Start your label, or compare other states in our cottage food laws guide.
Sources
Wisconsin cottage food FAQ
Does Wisconsin have a cottage food law?
Not a statute in the usual sense. Home-baked, non-hazardous goods can be sold without a license only because of a 2017 court order (Kivirist v. DATCP), not a cottage food act; home-canned acidified foods are covered separately by the statutory "pickle bill" (Wis. Stat. § 97.29(2)(b)).
Can I sell homemade candy, granola, or coffee in Wisconsin without a license?
No. A Lafayette County court order once extended the exemption to non-baked shelf-stable foods, but the Wisconsin Court of Appeals reversed that in November 2024 and the Wisconsin Supreme Court denied further review in April 2025 (ij.org). Only baked goods and pickle-bill canned goods are exempt.
What's the Wisconsin home bakery sales limit?
There's no revenue cap for home-baked goods under the court order. DATCP's guidance doesn't set one. Home-canned pickle-bill products are capped separately at $5,000 in gross sales per producer per year (datcp.wi.gov).
What does the Wisconsin home-canned food label have to say?
"This product was made in a private home not subject to state licensing or inspection," plus your name and address, the canning date, and a full ingredient and allergen list (datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx). A point-of-sale sign reading "These canned goods are homemade and not subject to state inspection" is also required.
Can I ship or sell Wisconsin cottage food online?
The pickle bill explicitly limits home-canned sales to farmers markets, flea markets, and community events in Wisconsin, ruling out internet and mail-order sales. DATCP's home-baker guidance doesn't address online sales directly, so treat in-person, direct sales as the documented safe path.
Is Wisconsin's home baking exemption at risk of changing?
It rests entirely on a court injunction, not a law, so DATCP could pursue further appeals and the legislature could pass a statute at any time. A 2025-26 Senate bill would have created a licensed cottage food category with a $40,000 cap, but had not passed as of this writing (wpr.org).
Nearby states
Selling into a neighboring state means that state’s rules apply there: Michigan, Minnesota, Iowa, Illinois. See the full state-by-state table.
Sources
- docs.legis.wisconsin.gov/statutes/statutes/97/ii/29/2/b
- datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx
- datcp.wi.gov/Pages/Licenses_Permits/HomeBakers.aspx
- datcp.wi.gov/Documents2/HomemadeBakedGoods.pdf
- wicourts.gov/ca/opinion/DisplayDocument.pdf
- ij.org/press-release/wisconsin-sup…on-baked-homemade-food-sales
- ij.org/case/wisconsin-cottage-foods-ii
- docs.legis.wisconsin.gov/misc/lc/issue_briefs/2025/c…ttage_food_law_ag_2025_06_18