Wisconsin Cottage Food Law 2026

Where You Can Sell

Permitted sales channel: Home Pickup
Permitted sales channel: Farmers Markets
Permitted sales channel: Roadside stands (baked goods)
Permitted sales channel: Home Pickup
Permitted sales channel: Events & Fairs
Not permitted sales channel: Interstate Sales

Yes, you can sell homemade baked goods from your Wisconsin home kitchen without a license, permit, or annual sales cap — but Wisconsin's cottage food landscape is more legally complex than nearly any other state. The rules are shaped by a 2017 court order, a separate canning statute, and a 2024 appellate decision that abruptly reversed what many home producers thought was permitted.

To operate legally in Wisconsin, you need to understand three distinct frameworks:

The 2017 Kivirist Exemption — Allows the sale of shelf-stable baked goods with no license and no revenue cap.
The Pickle Bill (Wis. Stat. §97.29(2)(b)2) — Allows home-canned high-acid foods at farmers markets, capped at $5,000/year.
The 2024 Court Reversal — Left unbaked, non-potentially hazardous foods (fudge, chocolates, most candies) outside the home-baker exemption unless they are made in a licensed commercial kitchen.

Which framework applies to your products determines everything: your sales cap, your sales channels, and your labeling obligations.

What Can You Sell as a Wisconsin Cottage Food Producer?

Wisconsin cottage food law does not follow a single unified statute. Instead, the rules for home-produced food fall into three separate legal categories depending on what you're making and how it's prepared.

Baked goods (shelf-stable, baked in an oven) are covered by the 2017 Kivirist v. DATCP court order, which affirmed that Wisconsin may not require home bakers of good character to obtain a commercial license to sell directly to consumers. Home-canned high-acid foods — jams, jellies, fruit preserves, and pickled vegetables with a pH of 4.6 or below — are covered by the Pickle Bill (Wis. Stat. §97.29(2)(b)2) with a $5,000 annual sales cap. Unbaked, non-potentially hazardous foods — fudge, chocolate bars, most candies, granola bars, roasted coffee beans — are not covered by the Kivirist baked-goods exemption after the November 2024 appellate ruling.

✅ You Can Sell

Shelf-stable baked goods: breads, rolls, cakes, cookies, brownies, pies, muffins
Granola (if baked in an oven — not simply mixed)
High-acid jams, jellies, and fruit preserves (pH ≤ 4.6) — capped at $5,000/year
Pickled vegetables with pH 4.6 or below — capped at $5,000/year
Custom cakes and decorated baked goods (if shelf-stable)
Fruit butters (high-acid, canned) — capped at $5,000/year

❌ You Cannot Sell

Fudge, chocolate bars, most homemade candies (not covered by the baked-goods exemption since November 2024)
Granola bars, energy bars, or granola that is not oven-baked
Dry baking mixes that are only mixed or packaged in the home kitchen, unless DATCP confirms a separate exemption
Roasted coffee beans, dried herbs, dried spice blends
Dried soup mixes, Rice Krispies Treats, no-bake cookies
Foods requiring refrigeration (cheesecakes, cream pies, custards, meringues)
Meats, poultry, seafood, or any TCS food
Fermented foods (kombucha, kimchi, sauerkraut)
Fresh-cut fruits or vegetables, raw sprouts
Beverages, alcohol, dairy products

✅ You Can Sell	❌ You Cannot Sell
Shelf-stable baked goods: breads, rolls, cakes, cookies, brownies, pies, muffins	Fudge, chocolate bars, most homemade candies (not covered by the baked-goods exemption since November 2024)
Granola (if baked in an oven — not simply mixed)	Granola bars, energy bars, or granola that is not oven-baked
	Dry baking mixes that are only mixed or packaged in the home kitchen, unless DATCP confirms a separate exemption
	Roasted coffee beans, dried herbs, dried spice blends
High-acid jams, jellies, and fruit preserves (pH ≤ 4.6) — capped at $5,000/year	Dried soup mixes, Rice Krispies Treats, no-bake cookies
Pickled vegetables with pH 4.6 or below — capped at $5,000/year	Foods requiring refrigeration (cheesecakes, cream pies, custards, meringues)
Custom cakes and decorated baked goods (if shelf-stable)	Meats, poultry, seafood, or any TCS food
Fruit butters (high-acid, canned) — capped at $5,000/year	Fermented foods (kombucha, kimchi, sauerkraut)
	Fresh-cut fruits or vegetables, raw sprouts
	Beverages, alcohol, dairy products

In Wisconsin, home producers may sell shelf-stable baked goods with no stated dollar cap, and high-acid home-canned goods up to $5,000 per year. A critical 2024 court ruling left unbaked shelf-stable foods — including fudge, chocolate, and roasted coffee — outside the home-baker exemption unless produced under a commercial license.

⚠ Watch out

The Unbaked Foods Ban Is Permanent Until Legislation Changes It

On November 19, 2024, the Wisconsin Court of Appeals reversed a circuit court ruling that had temporarily allowed unbaked, shelf-stable homemade foods to be sold without a commercial license. The Wisconsin Supreme Court later denied review, so the Kivirist exemption remains limited to baked goods unless the Legislature creates a broader exemption. If you were selling chocolates, fudge, or candies before November 2024, those products now require a licensed commercial kitchen.

ℹ Note

What "Baked in an Oven" Means

The Kivirist ruling specifically applies to foods baked in an oven. Granola counts if it goes through an oven baking step. No-bake cookies, chocolate bark, and similar items that are mixed or melted but not oven-baked do not qualify and are prohibited under the 2024 ruling.

Next step

Start taking prepaid orders with Wisconsin-compliant labels

MyPorch helps Wisconsin bakers collect prepaid orders, generate Wisconsin-compliant labels, and keep weekly pickups and customer details organized.

Start your Wisconsin storefront

Annual Sales Cap and Allowed Sales Channels

Wisconsin applies different sales caps and channel restrictions depending on which legal framework governs your products.

Baked Goods — No Sales Cap (Kivirist Ruling)

Wisconsin home bakers selling shelf-stable baked goods under the Kivirist v. DATCP court order (2017) face no stated annual gross revenue cap. The Wisconsin Legislative Council describes the Kivirist exception as applying to bakers of good character selling shelf-stable, nonhazardous baked goods directly to consumers at low volume, but no statute currently sets a baked-goods dollar limit.

Permitted sales channels for baked goods as of 2026: - Direct to consumer: Sales from your home, porch pickup, and roadside stands are permitted. - Farmers markets: Selling baked goods at farmers markets is allowed. - Online ordering (local fulfillment): Wisconsin home bakers may accept online orders and electronic payments for baked goods. However, shipping via USPS, FedEx, UPS, or any other commercial carrier is not currently authorized — all sales must be fulfilled through local customer pickup or direct producer delivery.

Home-Canned Goods — $5,000 Annual Cap (Pickle Bill)

Home-canned, high-acid foods sold under the Pickle Bill exemption (Wis. Stat. §97.29(2)(b)2) are limited to $5,000 in gross annual sales per person per year. Unlike baked goods, canned goods may only be sold at farmers markets or community events — not from your home directly or through online orders.

Wisconsin cottage food producers may sell baked goods with no stated dollar cap through direct, farmers market, and online order channels. Home-canned goods are limited to $5,000 per year and restricted to farmers market and community event sales only.

✓ Tip

Online Orders Work for Baked Goods — Not Canned

If you sell both baked goods and canned goods, online ordering through a platform like MyPorch is viable for your baked items. Jams, jellies, and pickles must be sold in person at a farmers market or community event — online ordering for canned goods is not within the Pickle Bill's authorized channels.

Permit, License, and Training Requirements

Wisconsin currently requires no state license, permit, registration, or food safety training for home bakers selling shelf-stable baked goods. This is the clearest difference between Wisconsin and most other states.

Baked Goods — No License Required

The 2017 Kivirist v. DATCP court order established that Wisconsin's DATCP may not require "home bakers of good character" to obtain a retail food establishment license to sell shelf-stable baked goods directly to consumers. As of June 2026, no registration, permit fee, or food handler certification is required for Wisconsin home bakers.

The DATCP website includes the following disclaimer: "Ongoing litigation may change the applicability or accuracy of the above information." Monitor the DATCP Home Bakers page for updates.

⚠ Watch out

The "Good Character" Clause

The Kivirist court order applies specifically to "home bakers of good character." This phrase is legally vague, but it signals that the exemption is not unconditional. Maintaining high hygiene standards and avoiding any food safety incident is essential — a documented issue could jeopardize your exemption status.

Failed 2025-2026 Legislation — What Did Not Change

Assembly Bill 748 (AB 748) and Senate Bill 739 (SB 739), introduced in the Wisconsin Legislature in December 2025, would have significantly restructured the cottage food landscape if enacted. Key provisions of the bills included:

Registration with DATCP for all home food producers, including a list of products and ingredients.
Tier 1 (under $10,000 gross annual sales): Registration required; display a sign stating products are homemade and not subject to state inspection.
Tier 2 ($10,000–$40,000 gross annual sales): Registration required; at least one person involved in food preparation must hold a DATCP-issued certificate of food protection practices.
Home inspections for Tier 2 producers — DATCP would have been authorized to inspect home kitchens.

Both AB 748 and SB 739 failed to pass on March 23, 2026, pursuant to Senate Joint Resolution 1. That means Wisconsin's current cottage-food landscape remains unchanged: baked goods rely on the Kivirist court order, home-canned high-acid foods rely on the Pickle Bill, and unbaked shelf-stable foods generally require licensing unless a future bill is introduced and enacted.

Kitchen Inspections

Wisconsin home kitchens operating under the Kivirist ruling are exempt from state health inspections. No inspection is required before selling and no ongoing inspection schedule applies to baked goods producers. Local municipalities may have separate zoning or home business ordinances unrelated to food safety.

Wisconsin currently requires no license, registration, training, or inspection for home bakers selling shelf-stable baked goods. AB 748 / SB 739 would have introduced registration, training, and inspection concepts, but both bills failed to pass on March 23, 2026.

Labeling Requirements

Wisconsin's labeling rules are the most unusual in the country for home bakers: state law does not legally mandate any specific label elements for shelf-stable baked goods. Requirements exist for canned goods and are substantively different.

Baked Goods — No Label Legally Required

Wisconsin law imposes no mandatory labeling on home-baked goods sold under the Kivirist ruling. Home bakers are not required by state law to display a business name, address, ingredient list, allergen disclosure, net weight, or disclaimer on their baked products.

That said, many farmers markets impose their own labeling conditions as a market rule rather than a legal requirement. Check with individual market managers before assuming no label is needed.

Home-Canned Goods — Specific Labels Required

For home-canned, high-acid foods sold under the Pickle Bill exemption, Wisconsin law requires the following on every label:

Producer's name and physical address
Date canned
Ingredient list — all ingredients in descending order by weight
Verbatim container statement
Common name for listed allergens — if an ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans

The required container statement for Wisconsin home-canned goods is:

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

Wisconsin also requires a point-of-sale sign for canned goods, but the sign uses different words:

"These canned goods are homemade and not subject to state inspection."

Wisconsin Cottage Food Label Elements: Required vs. Recommended

Element	Required (Baked Goods)	Required (Canned Goods)	Recommended Best Practice
Product name	Not required	Not expressly listed in Pickle Bill label text	✅ Recommended for all
Net weight or volume	Not required	Not expressly listed in Pickle Bill label text	✅ Recommended for all
Ingredient list (descending by prominence)	Not required	✅ Required	✅ Strongly recommended for all
Listed allergen common names	Not required	✅ Required when an ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans	✅ Strongly recommended — protects customers and builds trust
Producer name and address	Not required	✅ Required (full physical address; P.O. box not accepted)	✅ Recommended for all
Date produced or canned	Not required	✅ Required — exact canning date	✅ Recommended for all
Verbatim container statement	Not required	✅ Required	✅ Recommended for baked goods too
Point-of-sale canned-goods sign	Not required	✅ Required with separate statutory text	✅ Recommended at any sales booth
QR code linking to storefront	Not required	Not required	✅ Drives repeat orders
Storage instructions	Not required	Not required	✅ Recommended for humidity-sensitive items

Wisconsin law requires specific labels for home-canned goods, including the producer's name and address, date canned, ingredient list, listed allergen common names when applicable, and the verbatim container statement — but imposes no mandatory label elements on shelf-stable baked goods. Despite the absence of a legal mandate, professional labeling is recommended for baked goods to meet individual farmers market requirements and build customer confidence.

✓ Tip

Label Your Baked Goods Even Though You Don't Have To

No Wisconsin law requires a label on your sourdough loaf or cookie box — but many farmers markets do, and customers expect it. A label with your bakery name, ingredient list, and allergen information protects your customers and protects you. MyPorch can generate Wisconsin-ready printable labels with the statutory canned-goods statement and the same professional fields home bakers commonly use as a best practice.

For full allergen declaration guidance, see our Cottage Food Labeling Requirements guide.

How to Start Selling Cottage Food in Wisconsin

Wisconsin's rules give home bakers genuine freedom — no license, no cap, no inspections — but that freedom exists within a specific legal framework that requires you to know exactly what you're selling and under which legal authority.

Confirm your product category. If you bake in an oven and the product is shelf-stable, you are likely covered by the Kivirist ruling. If you make jams, jellies, or pickles, you are under the Pickle Bill. If your product is not baked or canned — chocolate bark, fudge, no-bake cookies — you need a commercial kitchen license under current Wisconsin law.
Check your farmers market's own rules. Markets set their own labeling and display conditions independently of state law. Contact your local market manager to understand what they require before your first weekend.
Set up online ordering for baked goods. Wisconsin allows online pre-orders with local pickup or direct delivery. MyPorch handles menus, prepaid orders, and pickup scheduling without requiring you to manage DMs or paper lists.
Print recommended labels for baked goods. Not legally required, but strongly recommended. Include product name, ingredients, allergens, and your bakery name at minimum.
Print required labels for canned goods. Producer name and address, date canned, ingredient list, listed allergen common names when applicable, and the verbatim private-home statement are all legally required.
Monitor future legislation. AB 748 and SB 739 failed in March 2026, but similar bills could be reintroduced. The DATCP website and Wisconsin Legislature pages are the authoritative sources for updates.

For pricing guidance, see How to Price Baked Goods for Your Home Bakery. For pre-order management, see How to Take Pre-Orders for Your Home Bakery.

Summary

Key Takeaways — Wisconsin Cottage Food Law

Wisconsin home bakers can sell shelf-stable baked goods without a license, permit, or sales cap — a right established by the 2017 Kivirist v. DATCP court order, not by statute.
After the November 2024 Wisconsin Court of Appeals decision and the Wisconsin Supreme Court denial of review, unbaked shelf-stable foods — including fudge, chocolate bars, most candies, roasted coffee beans, and granola bars — require a licensed commercial kitchen.
Home-canned high-acid foods (jams, jellies, pickled vegetables with pH 4.6 or lower) may be sold at farmers markets and community events only, capped at $5,000 per person per year under the Pickle Bill (Wis. Stat. §97.29(2)(b)2).
Wisconsin law does not require labels on home-baked goods, but canned goods require a producer name and address, date canned, ingredient list with listed allergen common names, and the verbatim container statement: "This product was made in a private home not subject to state licensing or inspection."
AB 748 / SB 739 would have created a tiered cottage-food framework, but both bills failed to pass on March 23, 2026; current law remains case-law plus narrow statutory exemptions unless new legislation is introduced.

Frequently Asked Questions

Can I sell baked goods from home in Wisconsin without a license?

Yes. As of June 2026, Wisconsin home bakers can sell shelf-stable baked goods directly to consumers without a state license, permit, or registration. This right was established by the 2017 Kivirist v. DATCP court order, which prohibits the Wisconsin DATCP from enforcing commercial food establishment licensing requirements against home bakers of good character.

Is there a sales cap for cottage food in Wisconsin?

Wisconsin applies different caps by product type. Shelf-stable baked goods have no annual sales cap under the Kivirist ruling. Home-canned high-acid foods — jams, jellies, and pickled vegetables with pH 4.6 or below — are capped at $5,000 in gross annual sales per person per year under the Pickle Bill (Wis. Stat. §97.29(2)(b)2).

Can I sell homemade fudge or chocolates in Wisconsin?

No. As of the November 19, 2024 Wisconsin Court of Appeals decision, unbaked, non-potentially hazardous homemade foods — including fudge, chocolate bars, and most candies — may not be sold without a commercial food establishment license. The Wisconsin Supreme Court later declined review, leaving the baked-goods-only Kivirist framework in place absent new legislation.

What is the Kivirist v. DATCP court order?

Kivirist v. DATCP is a 2017 Wisconsin court order that affirmed the right of "home bakers of good character" to sell shelf-stable baked goods directly to consumers without a state license or inspection. It is the legal foundation for Wisconsin's baked goods cottage food exemption — notably, it is case law, not a statute, which makes it somewhat less stable than a legislative exemption.

What is the Pickle Bill in Wisconsin?

The Pickle Bill (Wis. Stat. §97.29(2)(b)2) is a Wisconsin statutory exemption that allows home producers to sell certain home-canned, high-acid foods — including jams, jellies, fruit preserves, and pickled vegetables with a pH of 4.6 or below — at farmers markets and community events without a commercial license, up to $5,000 per person per year.

Do I need to label my home-baked goods in Wisconsin?

Wisconsin law does not legally require any specific label on home-baked goods. However, individual farmers markets may impose their own labeling requirements as a condition of participation. Labeling with your business name, ingredient list, and allergen information is strongly recommended even though it is not legally mandated.

What labeling is required for home-canned goods in Wisconsin?

Wisconsin home-canned goods sold under the Pickle Bill must display the producer's name and address, date canned, a complete ingredient list in descending order of prominence, listed allergen common names when applicable, and the verbatim container statement: "This product was made in a private home not subject to state licensing or inspection." A separate point-of-sale sign must say: "These canned goods are homemade and not subject to state inspection."

Can I sell cottage food online in Wisconsin?

Online ordering is available for baked goods with local pickup or direct producer delivery. Shipping baked goods via mail or commercial carrier is not currently authorized under Wisconsin cottage food law. Home-canned goods are restricted to in-person sales at farmers markets and community events — online ordering is not within the Pickle Bill's permitted sales channels.

Is a kitchen inspection required in Wisconsin?

No. Wisconsin home kitchens operating under the Kivirist ruling or the Pickle Bill exemption are not subject to state health inspections. AB 748 / SB 739 would have introduced inspections for certain higher-volume producers, but both bills failed to pass on March 23, 2026.

Can I sell homemade jams and jellies in Wisconsin?

Yes, with conditions. Wisconsin allows home-canned jams, jellies, and fruit preserves that are high-acid (pH 4.6 or below) under the Pickle Bill exemption. Sales are limited to $5,000 per person per year and must take place at farmers markets or community events — not from your home directly or online.

Can I sell pickles and pickled vegetables in Wisconsin?

Yes, if the pH of your pickled product is 4.6 or below. Wisconsin's Pickle Bill exemption covers home-canned pickled vegetables meeting the pH requirement, subject to the $5,000 annual sales cap and farmers market / community event sales channel restrictions. Products with pH above 4.6 are not covered.

Do I need food safety training to sell cottage food in Wisconsin?

No. Wisconsin currently requires no food handler permit or food safety training for home bakers or home canning producers operating under existing exemptions. AB 748 / SB 739 would have required a food protection practices certificate for Tier 2 producers, but both bills failed to pass on March 23, 2026.

Can I sell custom cakes or decorated cakes from my home in Wisconsin?

Yes, if the cake is shelf-stable — meaning it does not require refrigeration for safety. Custom baked goods like decorated cakes, cupcakes, and cookies are covered by the Kivirist ruling as long as they do not contain perishable fillings, cream, or components that require refrigeration.

Can I sell granola in Wisconsin?

It depends on preparation. Granola that is baked in an oven qualifies as a baked good under the Kivirist ruling and may be sold without a cap. Granola bars, no-bake granola clusters, or granola that is mixed rather than oven-baked fall into the category of unbaked non-PHF foods, which are prohibited under the November 2024 court ruling.

Can I sell dry baking mixes in Wisconsin?

Do not assume so. DATCP's current home-baker guidance says the court orders apply only to baked goods, and a dry baking mix that is simply mixed and packaged in your home kitchen is not itself baked. Ask DATCP before selling dry mixes without a food processing license.

What foods are banned in Wisconsin as of the 2024 court ruling?

The November 2024 Wisconsin Court of Appeals ruling, left in place after the Wisconsin Supreme Court denied review, allows DATCP to enforce licensing requirements against unbaked, non-potentially hazardous homemade foods. Items that require a commercial license include fudge, chocolate bars, most homemade candies, roasted coffee beans, dried herbs and spice blends, dried soup mixes, granola bars, energy bars, and Rice Krispies Treats.

What are Assembly Bill 748 and Senate Bill 739?

AB 748 and SB 739 were Wisconsin bills introduced in December 2025 that would have created a revised cottage food framework. The bills would have required registration with DATCP, established a two-tier system based on annual sales ($10,000 threshold), required food protection certificates for higher-volume producers, and allowed home inspections. Both bills failed to pass on March 23, 2026.

Can I sell cottage food at grocery stores or restaurants in Wisconsin?

No. Wisconsin cottage food exemptions — both the Kivirist baked goods ruling and the Pickle Bill canned goods exemption — are limited to direct-to-consumer sales. Selling to grocery stores, restaurants, or other retail operations for resale requires a commercial food processing plant license.

Do I need business liability insurance for my Wisconsin home bakery?

Wisconsin cottage food law does not require liability insurance, but it is strongly recommended. If a customer alleges food-related illness or injury, personal liability under the Kivirist ruling's "individual" framework means you bear that risk directly. A general liability policy designed for home food businesses can protect against claims.

Does Wisconsin require a separate kitchen for cottage food?

No. Wisconsin home bakers operating under the Kivirist ruling or the Pickle Bill do not need a separate or dedicated kitchen. Home kitchen production is explicitly the basis for both exemptions.

How do I verify the pH of my home-canned products in Wisconsin?

Wisconsin's Pickle Bill requires home-canned goods to have a pH of 4.6 or below to qualify for the exemption. Home producers should use a calibrated pH meter or send product samples to a certified food safety laboratory to verify their recipes consistently meet this threshold before selling.

What does "direct to consumer" mean under Wisconsin cottage food law?

In Wisconsin, "direct to consumer" means the home producer sells and physically hands products to the end customer without an intermediary. This includes sales from your home, transactions at farmers markets, and local delivery or pickup arrangements where you personally complete the exchange. It excludes third-party shipping services and sales through retail stores.

Can I sell cottage food across state lines from Wisconsin?

No. Both the Kivirist ruling and the Pickle Bill exemptions are Wisconsin-specific and do not authorize interstate commerce. Shipping products to customers in other states would require a commercial food establishment license regardless of Wisconsin's cottage food rules.

Recent Law Changes

April 10, 2025 — The Wisconsin Supreme Court denied review of the November 2024 Court of Appeals decision, making the ban on unbaked, non-potentially hazardous homemade foods permanent under current law.
November 19, 2024 — The Wisconsin Court of Appeals reversed a circuit court order that had temporarily allowed the sale of unbaked shelf-stable homemade foods (fudge, chocolates, candies, roasted coffee, dried herbs). These products are now prohibited without a commercial license.
March 23, 2026 — Assembly Bill 748 and Senate Bill 739 failed to pass pursuant to Senate Joint Resolution 1, leaving the Kivirist/Pickle Bill framework unchanged.
December 2025 — Assembly Bill 748 and Senate Bill 739 were introduced in the Wisconsin Legislature, proposing a tiered cottage food registration system with DATCP oversight.
2017 — Kivirist v. DATCP court order established the legal foundation for Wisconsin home bakers selling shelf-stable baked goods without a commercial license.
Wisconsin Statutes §97.29(2)(b)2 (Pickle Bill) — The statutory basis for home-canned high-acid food sales, capped at $5,000/year at farmers markets and community events.

How Wisconsin Compares

Wisconsin vs. Similar States

Key metrics across states with similar baker populations.

State	Annual Cap	Wholesale	Online Sales	Inspection
WisconsinThis guide	None	No	Yes	No
Alabama	$20K	No	Yes	No
California	$75K / $150K	Yes	Yes	No
Colorado	$10K	No	Yes	No
Florida	$250K	No	Yes	No

Wisconsin Cottage Food Law 2026: Baked Goods, Court Orders, and the Pickle Bill

Quick Facts