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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, but only because of a 2017 court ruling, not a statute - this remains a legal gray area covering baked goods only (not jams, candy, or other cottage foods), with no clear DATCP allowance for online sales. A 2025-26 bill (SB 739) that would have added a sales cap and registration requirement failed to pass by the March 2026 deadline, so the status quo holds for now, but similar bills keep being reintroduced.

Program
Wisconsin Cottage Food Rules (court-created exemption)
Registration
No license required for direct-to-consumer sales of shelf-stable baked goods (per the 2017 Lafayette County circuit court 'cookie case' ruling against DATCP, which struck down the license requirement); high-acid canned goods like jams require separate registration under the 'Pickle Bill' and are capped separately. A 2025-26 reform bill (Senate Bill 739) would have created a tiered $10,000/$40,000 cap plus registration, insurance, and a food-safety course for baked goods - it failed to advance by the legislature's March 23, 2026 deadline and did not become law, so the 2017 ruling still controls as of this review
Annual sales cap
No cap currently for baked goods, since the exemption comes from a court ruling, not a statute with a cap; $5,000/year for high-acid canned goods (the separate 'Pickle Bill' category). SB 739, which would have added a $10,000-$40,000 tiered cap for baked goods, failed in the Legislature in March 2026 - watch for it to be reintroduced in a future session.
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, shelf-stable baked-goods sales; DATCP has not issued clear official guidance authorizing online ordering or shipping, so treat Wisconsin as direct/in-person-sale-only until the state formally addresses online sales.

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