Wisconsin Cottage Food Laws (2026)
✓ Verified against official sources · Aug 20, 2026No unified Cottage Food statute; two independent license-exempt paths — (1) the "Pickle Bill" statutory exemption, Wis. Stat. § 97.29(2)(b)2. (home-canned high-acid pickled/preserved foods); (2) the Kivirist v. DATCP court-ruling exemption (2017, home-baked goods, not codified)
- License
- Tiered (two tracks)
- Annual sales cap
- Up to $5,000/yr
- Government fees
- $0
- Training
- Not required
The two paths
| Path | Where you can sell | Sales cap | Inspection | Fee |
|---|---|---|---|---|
| Home-Baked Goods — Kivirist v. DATCP court-injunction exemption (not a registration or license) | Direct to consumers, Farmers markets, Fairs & community events | No capThe ruling sets no dollar cap. The exemption covers only food that is (a) home-made, (b) baked (oven/waffle iron/Dutch oven, >140°F dry heat — dehydrator items don't count), (c) not a 'potentially hazardous food' (Wis. Stat. § 97.29(1)(hm)/§ 97.30(1)(bm)), and (d) sold directly to consumers (wholesale requires a license); a 2022 circuit court expansion to cover 'unbaked' non-hazardous foods (candy, fudge, dry mixes) was overturned by the Wisconsin Court of Appeals on 2024-11-19 (2024 WI App 69) and the state Supreme Court denied review on 2025-04-10, making that reversal final — 'unbaked' items still require a license and are outside this exemption. Whether online ordering/in-state mail is allowed is not addressed by official guidance, so it's not reflected in sales_channels. | No | $0 |
| Home-Canned High-Acid Foods — "Pickle Bill" statutory exemption (Wis. Stat. § 97.29(2)(b)2.) | Farmers markets, Fairs & community events | $5,000/yrThe statute reads 'receives LESS THAN $5,000 per year' (i.e., $5,000 itself is excluded), measured by revenue from these foods. Limited to home-canned/processed fruits and vegetables with pH ≤ 4.6; DATCP's FAQ specifies sales are allowed only at community or social events, flea markets, or farmers markets in Wisconsin (not at the producer's home), with no wholesale, consignment, online, or out-of-state sales, and exempt foods can't be sold alongside licensed foods. | No | $0 |
What you can and can’t make
Allowed
- Baked goods (no cream/custard fillings)
- Waffle cones & pizzelles
- Pickles & acidified sauces
- Salsas & chutneys
- Fermented vegetables
- Jams & jellies
- Home-canned high-acid fruit
Not allowed
- Candy & chocolate
- Dry baking/soup mixes
- Roasted nuts & nut butters
- Dry tea & roasted coffee
- Low-acid canned foods
- Meat & jerky
- Fish & seafood
- Fresh dairy products
- Raw milk products
- Cream, custard & meringue fillings
- Any food requiring refrigeration (TCS)
- Kombucha & fermented drinks
Label requirements
Every product label must include:
- Business / operation name
- Operation address
- Date produced
- Home kitchen statement (exact wording below)
- Ingredients, in descending order by weight
- FDA major allergen declaration
Required statement, word for word:
“This product was made in a private home not subject to state licensing or inspection.”
Where you can sell
| Online orders | No |
|---|---|
| Shipping within the state | No |
| Across state lines | No |
| Stores, cafés & other resellers | No |
| Third-party delivery apps | No |
What it costs to start
- Permit / registration fee$0
- Food safety course (optional)Optional here, but markets often ask$10–$30
- Labels, bags & packaging (first batch)$30–$60
- LLC formation (optional)Plus your state's filing fee$39
- Liability insurance (optional)Per month, from FLIP$26
- Likely minimum to start (required items)from $30
Common questions
Do I need a license to sell food from home in Wisconsin?
It depends on the track you choose. Wisconsin has 2 paths with different requirements — see the tier table above.
How much can a cottage food business sell per year in Wisconsin?
Up to $5,000/yr. The ruling sets no dollar cap. The exemption covers only food that is (a) home-made, (b) baked (oven/waffle iron/Dutch oven, >140°F dry heat — dehydrator items don't count), (c) not a 'potentially hazardous food' (Wis. Stat. § 97.29(1)(hm)/§ 97.30(1)(bm)), and (d) sold directly to consumers (wholesale requires a license); a 2022 circuit court expansion to cover 'unbaked' non-hazardous foods (candy, fudge, dry mixes) was overturned by the Wisconsin Court of Appeals on 2024-11-19 (2024 WI App 69) and the state Supreme Court denied review on 2025-04-10, making that reversal final — 'unbaked' items still require a license and are outside this exemption. Whether online ordering/in-state mail is allowed is not addressed by official guidance, so it's not reflected in sales_channels.
Can I sell my homemade food online in Wisconsin?
No. Wisconsin does not currently allow cottage food sales by internet order.
What has to be on a cottage food label in Wisconsin?
6 required elements, including the exact statement: “This product was made in a private home not subject to state licensing or inspection.”. See the labeling section for the full list (Wis. Stat. § 97.29(2)(b)2.e.; § 97.29(2)(b)2.d.).
Who regulates cottage food in Wisconsin?
Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Division of Food and Recreational Safety — both paths are statutory/case-law exemptions and involve no registration or license application..
Recent law changes
- 2017-05-31 (Kivirist v. DATCP, No. 2016CV06) — Lafayette County Circuit Court issued an oral ruling in Kivirist v. DATCP barring DATCP from enforcing food licensing against the plaintiff home bakers; the ruling was extended statewide to all qualifying home bakers on 9/29-10/2/2017.
- 2022-12-28 (No. 2021CV13) — Lafayette County Circuit Court (Wisconsin Cottage Food Association v. DATCP) expanded the exemption to cover 'unbaked' non-potentially-hazardous foods (candy, fudge, dry mixes, etc.); DATCP appealed, and the Court of Appeals stayed the expanded ruling on 2023-05-30.
- 2024-11-19 (2024 WI App 69) — The Wisconsin Court of Appeals reversed the 2022 expansion ruling — 'unbaked' non-hazardous foods again require a DATCP license, while the original Kivirist baked-goods exemption is unaffected.
- 2025-04-10 — The Wisconsin Supreme Court denied the petition for review, making the Court of Appeals' reversal final.
- 2026-03-23 (2025 SB 739) — SB 739 (which would have replaced the dual-exemption system with a unified two-tier $10,000/$40,000 registration system requiring a fee, food safety course, liability insurance, and home inspection) failed to pass during the 2025-2026 session (pursuant to Senate Joint Resolution 1); the current Pickle Bill + Kivirist exemption framework remains in effect.
Official sources
This guide was compiled from the following primary sources, last reviewed on Aug 20, 2026:
- agencyDATCP — Licenses and Homemade Baked Goods (official explanation of the Kivirist ruling)
- agencyDATCP — Home-Canned Foods ("Pickle Bill" FAQ)
- statuteWis. Stat. § 97.29 — Food Processing Plants (includes the (2)(b)2. Pickle Bill exemption text)
- agencyWisconsin Legislative Council Issue Brief (June 2025) — Wisconsin Cottage Food Law
- agencyDATCP — Licenses and Homemade Baked Goods Informational Flyer (PDF, 05/2025)
- statute2025 Senate Bill 739 — proposed replacing the dual exemptions with a unified $10k/$40k tiered registration system (not passed as of 2026-03-23)