Wisconsin Cottage Food Laws

Wisconsin's baked goods freedom comes from litigation rather than legislation, so guidance from DATCP is less prescriptive than in other states.

Fast facts

Permit
No license for baked goods (court-ordered)
Annual sales cap
No limit for baked goods; $5,000/yr for canned goods
Online sales
Limited
Shipping
Not allowed

What makes Wisconsin different

  • A 2017 court ruling legalized unlicensed home baked goods sales with no cap
  • Home-canned high-acid goods remain limited to $5,000 per year under the pickle bill
  • No state registration for baked goods

Where you can sell in Wisconsin

  • Direct to consumer
  • Farmers markets
  • Home pickup
  • Events

What you can and can't make

Wisconsin follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the Wisconsin Department of Agriculture, Trade & Consumer Protection product list for state-specific exceptions.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

Wisconsin labeling requirements

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for Wisconsin

Wisconsin Department of Agriculture, Trade & Consumer Protection administers cottage food rules in Wisconsin.

Last verified:

Visit Wisconsin Department of Agriculture, Trade & Consumer Protection

Not legal advice. This summary is for general education. Confirm with Wisconsin Department of Agriculture, Trade & Consumer Protection before you start selling.

Cottage food laws in other states