Wisconsin Cottage Food Law (2026): Rules, Limits and How to Start

We read every rule on this page against the Wisconsin sources on August 15, 2026. Source: Wisconsin Department of Agriculture, Trade and Consumer Protection and Wis. Stat. Sections 97.29(1)(hm) and 97.30(1)(bm) (the definition of potentially hazardous food the baked goods court order turns on. Jump to sources

Do you need a license to sell homemade food in Wisconsin?

Wisconsin has no cottage food statute passed by the legislature. Home bakers sell shelf-stable baked goods without a license, cap or inspection only because of a court order. That order was narrowed by a November 2024 appeals court ruling that excludes anything not baked with dry oven heat. A separate 2009 pickle law lets you sell home-canned pickles and acidified vegetables up to $5,000 a year at farmers markets and community events.

Wisconsin keeps the path to selling short. There is no state permit and no annual sales cap, so foods like baked goods produced primarily by dry oven heat above 140f, shelf-stable without refrigeration and home-canned fruits and vegetables that are naturally acidic or acidified by pickling or fermenting, at a ph of 4.6 or lower: pickled vegetables, salsas, sauerkraut, jams and certain fruits, up to $5,000 in annual sales, sold at community or social events, flea markets or farmers markets can go to market once your label carries what the state asks for. The rules below are the whole picture.

Wisconsin sets no dollar limit on cottage food sales, so the ceiling on your growth is your own kitchen and time rather than a statutory cap. The other rules that matter, the label, the allowed foods and where you can sell, are in the tables below.

The parts new Wisconsin sellers most often get wrong are the exact label disclosure wording. Each one has its own row below, with the official source beside it.

A wooden shelf of jam jars with handwritten labels in a warm kitchen

How much can you sell? The Wisconsin sales cap

The annual sales limit for a Wisconsin cottage food operation.

ItemWisconsin rule
Annual sales capNo annual dollar cap in Wisconsin
How it worksThere are two unrelated caps in Wisconsin because there are two unrelated legal bases: a court order for baked goods (no cap) and a 2009 statute for pickled/acidified goods (capped).

Not published as one current figure everyone cites. Confirm this year's cap with Wisconsin Department of Agriculture, Trade and Consumer Protection before you scale.

What foods can you sell in Wisconsin?

Allowed and prohibited categories under current Wisconsin law.

Allowed (examples)Prohibited
Baked goods produced primarily by dry oven heat above 140F, shelf-stable without refrigeration (court-order exemption); Home-canned fruits and vegetables that are naturally acidic or acidified by pickling or fermenting, at a pH of 4.6 or lower: pickled vegetables, salsas, sauerkraut, jams and certain fruits, up to $5,000 in annual sales, sold at community or social events, flea markets or farmers markets (Pickle Bill).Items dried in a dehydrator; Potentially hazardous baked goods; Candy, chocolates, roasted coffee and other non-oven-processed shelf-stable foods, per the November 2024 Court of Appeals ruling; Wholesale or distributor sales; Commercial-kitchen-produced items marketed as home-produced.

Wisconsin cottage food label requirements

Every package you sell needs a label with the elements below in legible print.

  • PICKLE LAW PATH ONLY. A sign at the point of sale stating: "These canned goods are homemade and not subject to state inspection."
  • Name and address of the producer
  • The date the product was canned
  • The disclosure statement above on the product label
  • All ingredients, with allergens identified
  • BAKED GOODS PATH: no label requirement has been confirmed in any DATCP document, because that exemption comes from a court order rather than a statute or rule

Wisconsin requires this disclosure statement, word for word:

This product was made in a private home not subject to state licensing or inspection

Reproduced from Wisconsin's cottage food labeling requirements. Confirm the current wording with Wisconsin Department of Agriculture, Trade and Consumer Protection before you print a run of labels.

The Cottage Food Launch Kit shown across a laptop, tablet, phone, a tabbed reference binder and printed checklist and label pages on a kitchen counter

From the team behind this library

The Cottage Food Launch Kit

Want the whole path in one place? The kit turns everything on this page into one ordered walkthrough for Wisconsin: your state requirement sheet, a fill-in label template with the exact required wording, the allowed-foods checker, the ordered checklist and your first-market plan. Follow it in an evening.

See the kit One-time $27. Yours to keep.

Where can you sell in Wisconsin?

The venues and channels Wisconsin cottage food operators may use.

ChannelAllowed in Wisconsin?
Direct to consumer, in person, in Wisconsin (baked goods)Yes
Community or social events, flea markets and farmers markets in Wisconsin (pickle law)Yes. DATCP names three venue types: "community or social events, flea markets or farmers markets in Wisconsin". Only retail sales direct from producer to consumer are allowed.
Online sales, mail order, interstate shippingNo. Not permitted under the current cottage food framework.
Wholesale or distributor salesNo

Wisconsin Department of Agriculture, Trade and Consumer Protection has not settled every channel in one published place. Confirm your specific channel, for example online or out-of-state shipping, with Wisconsin Department of Agriculture, Trade and Consumer Protection.

Registration, training and inspection

Registration and permits. No registration, license or permit is required for either the court-order baked goods exemption or the statutory pickle law exemption.

Food safety training. No training requirement was found for the baked goods exemption. Not confirmed for the pickle law exemption.

Kitchen inspection. No kitchen inspection is required under the baked goods exemption. Not confirmed for the pickle law exemption.

The fees a Wisconsin cottage food seller can expect.

ItemCost
Home baked goods exemption (court order, not a statute)No state fee
Pickle law exemption (Wis. Stat. 97.29)No state fee

Confirm the exact course or certificate Wisconsin Department of Agriculture, Trade and Consumer Protection accepts before you enroll.

Wondering how Wisconsin compares? See what a cottage food license costs in every state, from the no-fee states to the priciest permits.

The free Wisconsin cottage food checklist, one page

Get the free Wisconsin cottage food checklist

The one-page map of the steps, in order, so you can see the whole path at a glance.

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Wisconsin cottage food FAQ

Do you need a license to sell homemade baked goods in Wisconsin?

No, but this exemption exists because of a court order, not a statute. Non-potentially-hazardous baked goods made with dry oven heat above 140F and sold directly to consumers in Wisconsin do not require a license, cap, inspection or registration.

Can you sell home-canned pickles in Wisconsin?

Yes, under a separate 2009 law (the Pickle Bill), but only at farmers markets and community events and only up to $5,000 in total sales per year.

Is Wisconsin's home baker exemption settled law?

It rests on a court order rather than a statute and the order still stands. The controlling case is Kivirist v. DATCP, Lafayette County Case No. 2016CV06, where the circuit court enjoined DATCP at a May 31, 2017 hearing from enforcing the retail food establishment laws against sellers of baked, non-potentially-hazardous homemade foods. DATCP never appealed it. The November 19, 2024 Court of Appeals decision that people often point to reversed a different order, from a separate 2021 lawsuit about UNBAKED non-potentially-hazardous foods and the Wisconsin Supreme Court denied review at its April 9, 2025 conference. So the baked goods exemption survives, though DATCP's own fact sheet still carries the line that ongoing litigation may affect the information.

What counts as a 'baked good' under Wisconsin's exemption?

A product produced primarily by exposure to dry oven heat above 140F, transferred by air, in a closed chamber such as an oven, resulting in a shelf-stable food. Items made in a dehydrator, or non-oven processes like boiling sugar for candy or roasting coffee, fall outside the exemption.

Can you sell homemade food online or by mail in Wisconsin?

No. Wisconsin requires direct, in-person sales to the end consumer within Wisconsin under both the baked goods exemption and the pickle law.

Is there a comprehensive cottage food law in Wisconsin?

No. Wisconsin is the only state in this batch with no cottage food statute at all. What exists is a pair of narrow, separately sourced exemptions, one from litigation and one from a 2009 statute. Legislative bills to create a broader statutory cottage food law have been introduced but not enacted as of this research.

Statute and sources

What the rules on this page come from

  • Wis. Stat. Sections 97.29(1)(hm) and 97.30(1)(bm) (the definition of potentially hazardous food the baked goods court order turns on, as cited by DATCP) datcp.wi.gov/Documents2/HomemadeBakedGoods.pdf
  • Wis. Stat. Section 97.29(2)(b), the 2009 "Pickle Bill" (2009 Wisconsin Act 101), as administered and published by the Department of Agriculture, Trade and Consumer Protection: $5,000 per year per person datcp.wi.gov/pages/programs_services/fshomecannedfoods.aspx
  • Wisconsin Cottage Food Association v. DATCP, 2024 WI App 69, Appeal No. 2023AP367, Wisconsin Court of Appeals, decided November 19, 2024. It reversed the order in a SEPARATE 2021 lawsuit (Lafayette County Cir. Ct. No. 2021CV13) that had held the retail food establishment laws unconstitutional as applied to sellers of UNBAKED non-potentially-hazardous foods. It did not reverse or narrow the 2017 baked-goods order www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=878326
  • Kivirist v. DATCP, Lafayette County Case No. 2016CV06: the order entered at a May 31, 2017 hearing that enjoins DATCP from enforcing the retail food establishment laws against sellers of baked, non-potentially-hazardous homemade foods. This is the case DATCP relies on and DATCP never appealed it datcp.wi.gov/Documents2/HomemadeBakedGoods.pdf
  • Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) (official guidance) datcp.wi.gov/Pages/Licenses_Permits/HomeBakers.aspx

This page organizes and explains the Wisconsin rules in plain language. It is educational information, not legal advice. It does not come from a state agency. Wisconsin rules can change and some details vary by product or county. Confirm the current requirements with Wisconsin Department of Agriculture, Trade and Consumer Protection before you sell.