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Cottage food by state

Wisconsin cottage food law: what you can sell and how

Wisconsin's home food rules come from a court ruling and a small statute. Home-baked, shelf-stable goods sold directly to consumers can't be required to have a license, and some home-canned foods have a narrow exemption.

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Updated November 2026 by the Madeline's team, who set these tools up for makers and farms.

The short version

Under court orders in Kivirist v. DATCP, the state cannot enforce licensing on home bakers selling non-potentially hazardous baked goods directly to consumers. A later ruling extending that to all shelf-stable foods was overturned on appeal. Separately, the Pickle Bill allows up to $5,000 a year of acidic home-canned foods at farmers markets and events only.

Wisconsin rules at a glance

  1. Who regulates

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

  2. Baked goods

    No license required for non-potentially hazardous baked goods made in your home and sold directly to consumers. Baked means dry heat in a closed chamber like an oven. Dehydrated items don't count.

  3. Other shelf-stable foods

    Not covered. A 2022 circuit court ruling extended the exemption to unbaked foods, but the appeals court sided with DATCP and limited it back to baked goods.

  4. Home-canned foods

    The Pickle Bill allows naturally acidic or acidified fruits and vegetables at pH 4.6 or below, such as pickles, salsas, sauerkraut and fruit jams.

  5. Pickle Bill limits

    No more than $5,000 a year per person, sold directly at community or social events, flea markets or farmers markets in Wisconsin. Not from your home, online, wholesale, on consignment or out of state.

  6. Wholesale

    Selling baked goods wholesale needs a license.

  7. Canned food labels

    Name and address, date of canning, ingredients with allergens, and "This product was made in a private home not subject to state licensing or inspection." Display a sign at the point of sale too.

Check the source

  • Official source

    Wisconsin DATCP: Licenses and Homemade Baked Goods

    Rules change. Confirm the current figures and forms with the state before you start selling.

    Open the official page

  • Cottage food to commercial kitchen

    What changes when you outgrow the limits.

    Read the guide

  • Free tool

    Cost per jar calculator

    Price your cottage food products from what they really cost.

    Use the calculator

  • Food label requirements

    What a packaged food label needs, including allergens.

    Read the guide

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Questions

Can I sell baked goods from home in Wisconsin?

Yes. Court orders bar licensing enforcement for home bakers selling shelf-stable baked goods directly to consumers.

Can I sell candy or dried goods from home in Wisconsin?

Not without a license. The appeals court limited the exemption to baked goods.

How much can I sell under the Wisconsin Pickle Bill?

Up to $5,000 a year per person, at farmers markets, events and flea markets only.

Can I sell home-canned jam online in Wisconsin?

No. Pickle Bill products cannot be sold online, from your home or out of state.

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