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.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

Checked against official Wisconsin sources on November 2, 2026: permit and sales cap. Anything not marked as checked is our summary — check with the Wisconsin Department of Agriculture, Trade & Consumer Protection.

Fast facts

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

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

These lists describe what most cottage food laws allow and prohibit. They aren't Wisconsin's official product list: check the Wisconsin Department of Agriculture, Trade & Consumer Protection for the foods Wisconsin actually allows.

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

Most states require the elements below. Wisconsin's exact list may differ, so confirm it with the Wisconsin Department of Agriculture, Trade & Consumer Protection.

  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

The Wisconsin Department of Agriculture, Trade & Consumer Protection administers cottage food rules in Wisconsin. Their page is the authoritative, current version of everything summarized here.

Visit the Wisconsin Department of Agriculture, Trade & Consumer Protection

Sources we checked on November 2, 2026:

Running a Wisconsin home bakery?

Whisk Manager keeps your orders, customers, recipes and revenue in one place — so you always know where you stand against your state's rules.

Start free today

Cottage food laws in other states