Cottage Food Laws in Wisconsin
Last verified against official sources on by Amrit. How we verify
Only for two kinds of food. Because of a court ruling, the state does not enforce its licensing rules against home bakers who sell baked goods that don't need refrigeration directly to customers. Under the "Pickle Bill" you can also sell up to $5,000 a year of acidic home-canned fruits and vegetables, but only at farmers markets, flea markets and community or social events in Wisconsin. Almost everything else you make at home needs a state license and a commercial kitchen.[1][2][4]
At a glance
| Permit needed | No state license for home baked goods that don't need refrigeration, sold directly to customers, or for Pickle Bill canned goods sold within its limits. A DATCP license for most other foods.[1][2] |
|---|---|
| Sales cap | $5,000 a year per person for home-canned foods. No limit stated for baked goods.[2] |
| Foods covered | Baked goods that don't need refrigeration, and home-canned fruits and vegetables that are naturally acidic, pickled or fermented, with a pH of 4.6 or lower[1][2] |
| Canned goods label | Your name and address, the canning date, the ingredients and "This product was made in a private home not subject to state licensing or inspection." Plus a sign at your table.[2] |
| Where you can sell | Baked goods: directly to customers. Canned goods: only at farmers markets, flea markets and community or social events in Wisconsin.[1][2] |
| Online and shipping | Not allowed for home-canned foods. DATCP's baker guidance does not address it.[2] |
| Fee | No state fee for either exemption[1][2] |
| Agency | Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)[1] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food fits one of the two exemptions
Baked goods are generally cooked by dry heat above 140°F in a closed chamber such as an oven; some items made in a waffle maker or Dutch oven also count. The finished product must not need refrigeration. Dehydrated foods don't count as baked. Canned goods must be fruits or vegetables that are naturally acidic or pickled or fermented, with a pH of 4.6 or lower (pH measures acidity: the lower the number, the more acidic the food). Refrigerator pickles are not covered, and pickled eggs, lemon curd, pesto, dressings, meat and fish need a license.[1][2][3]
Bake or can in your own home kitchen
The court ruling covers people baking in their homes. If you bake in a rented commercial kitchen instead, you need a license like any other food business. For canned goods, DATCP strongly encourages standardized recipes (Ball, the National Center for Home Food Preservation or UW-Madison Extension) and testing the pH of the first batch of each recipe every season.[1][3]
Label your canned goods and put up a sign
Each jar needs the name and address of the person who did the canning, the canning date, all ingredients in order of amount (naming any major allergen such as milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish or sesame), and the statement "This product was made in a private home not subject to state licensing or inspection." At your table, post a sign reading "These canned goods are homemade and not subject to state inspection."[2]
Sell directly to your customers
Sell baked goods only directly to consumers, not to stores, cafes or other resellers. Sell canned goods only at farmers markets, flea markets and community or social events in Wisconsin: not from your home, online, on consignment or out of state, and not on the same table as licensed foods.[1][2]
Keep records and stay under the cap
Keep canned goods sales at or under $5,000 a year per person. DATCP suggests a record for every batch: the recipe, how much you canned and sold, the canning date, where and when you sold it, your gross sales and any pH test results.[2]
What you can and can't sell[1][2]
Allowed
- Baked goods that don't need refrigeration once finished
- Pickled fruits and vegetables (not refrigerator pickles)
- Salsas and chutneys
- Sauerkraut and kimchi
- Fruit-based jams and jellies
- Canned cherries, peaches, applesauce and other fruits
Not allowed
- Baked goods that need refrigeration
- Dehydrated foods, candy and other foods that are neither baked nor home-canned fruits and vegetables (neither exemption covers them)
- Canned fruits or vegetables with a pH above 4.6
- Refrigerator pickles
- Fish, meat, pickled eggs, lemon curd, pesto and dressings
What it costs
| Step | Fee |
|---|---|
| Check that your food fits one of the two exemptions | Free |
| Total if every fee applies to you | $0 |
Recent changes
- : The Wisconsin Court of Appeals reversed a 2022 circuit court order that had extended the no-license rule to all home-made foods that don't need refrigeration. The exemption is back to baked goods only.[1]
- : The Lafayette County Circuit Court extended its 2017 home baker ruling to all foods that don't need refrigeration. The Court of Appeals put that order on hold on 2023-05-30 and later reversed it.[1]
Frequently asked questions
Can I sell candy, granola or dried fruit from home in Wisconsin?
Not without a license. A 2022 court order briefly covered all foods that don't need refrigeration, but it was put on hold in 2023 and reversed in 2024. The home exemption now covers baked goods only, and items dried in a dehydrator don't count as baked.[1]
Can I sell my cookies to a coffee shop or store?
Not without a license. The no-license rule applies only when you sell directly to the customer. Selling to a business that resells your food is wholesaling, which needs a license.[1]
Can I sell cheesecake or cream pies?
Not without a license. Baked goods that need refrigeration (potentially hazardous foods) are not covered, even if you make them at home.[1]
Can I sell jam or salsa from my house or online?
No. Home-canned goods can only be sold in person at farmers markets, flea markets and community or social events in Wisconsin. Sales from your home, online and out of state are not allowed.[2]
Can I sell my home-canned goods on the same table as licensed products?
No. DATCP does not allow Pickle Bill products to be sold along with licensed foods.[2]
If I don't need a license, am I still responsible if someone gets sick?
Yes. DATCP reminds home canners that every food processor is legally liable for what it sells, licensed or not.[2]
What if I want to sell more than baked goods and canned produce?
You need a DATCP license: a retail food license if you sell mainly to customers (internet sales count as retail), or a food processing plant license for wholesale. Either way you need a commercial-grade kitchen, which can be a separate room in your home or rented time in a restaurant, school or church kitchen.[4]
Sources
- Licenses and Homemade Baked Goods, Wisconsin Department of Agriculture, Trade and Consumer Protection. Checked October 25, 2026.
- Home-Canned Foods, Wisconsin Department of Agriculture, Trade and Consumer Protection. Checked October 25, 2026.
- Selling Home-Canned Foods: Do It Safely and Legally (FD-PUB-61, 12/2022), Wisconsin Department of Agriculture, Trade and Consumer Protection. Checked October 25, 2026.
- Wisconsin Food Processing and Food Sales Requirements: Food Safety & Licensing Guide, Wisconsin Department of Agriculture, Trade and Consumer Protection. Checked October 25, 2026.
Related
- Cottage Food Laws in Illinois
- Cottage Food Laws in Iowa
- Cottage Food Laws in Minnesota
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) or your local health department. Spotted something wrong or out of date?Report it and we will check it.