Cottage food laws · WI

Selling homemade food in Wisconsin

Wisconsin is unusual: home bakers can currently sell unlimited shelf-stable baked goods without a license thanks to a court ruling, but this exists in a legal gray area and covers baked goods only - not jams, candy, or other cottage foods, and there's no clear allowance for online sales. Watch for pending legislation that could add a sales cap and registration requirement.

Program

Wisconsin Cottage Food Rules (court-created exemption)

Registration

No license required for direct-to-consumer sales of shelf-stable baked goods (per a 2017 court ruling against DATCP); high-acid canned goods like jams require separate registration and are capped separately

Annual sales cap

No cap currently for baked goods; $5,000/year for high-acid canned goods (a separate legal category). Reform bills pending in the legislature (as of mid-2026) would add a $20,000-$40,000 cap and registration requirement for baked goods too - this could change soon.

Online sales

Restricted

You can sell

Baked goods (shelf-stable only)
High-acid canned goods like jams and relishes (separate rules, $5,000 cap)

You can't sell

Potentially hazardous foods needing refrigeration
Meat and poultry products
Low-acid canned vegetables
Candy and other non-baked cottage foods not covered by the court exemption

Where you can sell

Direct to consumer at home
Farmers markets

Selling online

The court-created exemption covers direct, in-person, shelf-stable baked-goods sales; it does not clearly authorize online ordering or shipping. Treat Wisconsin as direct-sale-only until state rules are formally updated.

What your labels must include

Producer name & address
"This product was made in a home kitchen that is not licensed or inspected" statement
Ingredient list
Allergen disclosure
Net weight