Wisconsin Cottage Food Laws: Complete 2026 Guide

— Real question from a Wisconsin cottage food producer

TL;DR: Wisconsin Cottage Food Laws Quick Answer

Registration: Not required (for most products under current law)
Allowed Products: Shelf-stable baked goods, certain canned goods (with cap), honey, maple syrup, produce
Where to Sell: Direct sales, online, mail order (within Wisconsin)

Last verified: January 2026 against Wisconsin DATCP - Home Bakers

📋 Wisconsin Cottage Food at a Glance

Registration: ❌ Not required (for most products)
Revenue Caps:
Baked goods: ♾️ Unlimited (currently)
Allowed Products: Baked goods, certain canned goods, honey, maple syrup, produce
Where to Sell: Direct sales, online, mail order (within Wisconsin)
Training: Not required
Inspection: ❌ Not required

✅ Good news: Wisconsin's current law is very flexible with no caps on baked goods!

Curious About Local Food?

Explore 37,000+ farm stands, cottage food producers, and artisan makers near you on StandScout.

Free updates. Unsubscribe anytime.

Overview of Wisconsin Cottage Food Law
The "Kivirist Exceptions" Explained
Allowed Products in Wisconsin
Prohibited Products
Revenue Caps and Proposed Changes
Labeling Requirements
Getting Started (No Registration!)
Where You Can Sell
Pending Legislative Changes (2025-2026)
Common Questions (FAQs)
Start Today

What Is Wisconsin's Cottage Food Law?

Wisconsin's cottage food framework is built on several statutory exceptions (nicknamed the "Kivirist exceptions" after the farm family whose advocacy led to the law) that exempt certain home food producers from needing licenses.

Key dates:

Current Law: No Registration for Most Products

You do NOT need a license or registration if:

✅ You make baked goods that are shelf-stable and non-hazardous
✅ Sales are direct-to-consumer only
✅ Sales are "low volume" (no specific cap for baked goods)

What "low volume" means:

For baked goods: Not explicitly defined - interpreted as "reasonable" home-scale production

💡 Important: Wisconsin law doesn't use the term "cottage food." Instead, it creates exemptions from food licensing requirements. The practical effect is the same as other states' cottage food laws.

The "Kivirist Exceptions" Explained

Who Are the Kivirsts?

What the Exceptions Cover

The Kivirist exceptions allow bakers of good character (no history of food safety violations) to:

Sell baked goods commercially without a license
As long as products are:

Shelf-stable (don't require refrigeration)
Non-hazardous (no cream fillings, meat, etc.)
Direct-to-consumer
Low volume (currently undefined for baked goods)

The "Good Character" Requirement

Wisconsin law includes a unique "good character" provision:

Good character means:

✅ No history of foodborne illness outbreaks from your products
✅ No violations of food safety regulations
✅ Responsible kitchen hygiene practices

In practice: This is assumed unless proven otherwise. You don't need to "prove" good character upfront, but any violations could result in losing your exemption.

What Products Can I Sell Under Wisconsin Cottage Food Laws?

Wisconsin allows several categories of home food products under different exemptions.

✅ Baked Goods (Unlimited Sales - Currently)

Allowed under Kivirist exceptions:

Breads, rolls, biscuits, bagels
Cookies, brownies, bars
Cakes (no cream or custard fillings)
Pies (fruit-based only, no custard or cream)
Pastries, scones, muffins
Donuts (cake-style)
Quick breads, coffee cakes
Biscotti, shortbread

Requirements:

Must be shelf-stable (no refrigeration needed for safety)
Non-hazardous (no TCS foods as ingredients)
Direct-to-consumer sales only
Low volume (currently no specific cap)
Jams, jellies, preserves
Fruit butters (apple, pumpkin, etc.)
Salsas, relishes (acidified)
Fruit chutneys
Marmalades

Requirements:

Must follow USDA-approved recipes
Direct-to-consumer sales only
Proper labeling required

✅ Other Exempted Products

Additional exemptions exist for:

Fresh produce (from your own farm/garden)
Honey (harvested and packaged by you)
Maple syrup (produced and processed by you)

Note: These have separate rules from cottage food/baked goods exemptions.

Product Guides for Cottage Food Sellers

Ready to start selling? These comprehensive guides cover everything from equipment and startup costs to pricing and marketing:

Baked Goods:

How to Sell Cakes from Home — Startup costs, pricing, and decorating tips
How to Sell Brownies from Home — Equipment, recipes, and market strategies
How to Sell Bread from Home — Bread baking equipment and sales venues
How to Sell Sourdough from Home — Starter maintenance, pricing, and scaling
How to Sell Homemade Bread — Complete artisan bread business guide
How to Sell Cookies from Home — Best-selling varieties and packaging

Preserves & Condiments:

How to Sell Jams and Jellies — Canning basics, pricing, and labeling
How to Sell Apple Butter — Production techniques and seasonal sales
How to Sell Honey from Home — Beekeeping economics and honey regulations
How to Sell Herbs from Home — Growing, harvesting, and drying techniques

Confections & Specialty:

How to Sell Chocolates from Home — Tempering, molding, and gift packaging
How to Sell Fudge from Home — Temperature control and flavor varieties
How to Sell Spices from Home — Sourcing, blending, and packaging

Other Products:

How to Sell Cut Flowers from Home — Growing, arranging, and market sales

What Products Are Prohibited Under Cottage Food Laws?

❌ NOT Allowed Under Wisconsin Exemptions

Dairy-Based:

Cheese (any kind)
Milk products
Cream cheese frostings
Custards, puddings
Ice cream
Yogurt

Perishable/Refrigerated:

Cream-filled pastries
Custard pies or cream pies
Cheesecakes
Fresh-cut produce (unless from your farm)
Refrigerated doughs

Meat, Poultry & Seafood:

Any products containing meat
Jerky
Smoked meats or fish
Canned meat products

Other Restricted:

Time/temperature control foods (TCS)
Low-acid canned goods (unless properly processed with testing)
Cannabis-infused products
Pet foods or treats

💡 Grey Area: Decorated Cakes

Custom decorated cakes are allowed as long as the decorations don't include prohibited items (fresh fruit, cream cheese frosting, etc.). Buttercream and fondant decorations are fine.

Revenue Caps and Proposed Changes

Baked Goods:

♾️ No specific cap - interpreted as "low volume" but not defined
No state tracking or reporting required

Canned Goods:

Must track sales to ensure compliance

⚠️ Proposed Legislative Changes

Registration fee: TBD (if bill passes)
Registration required for all producers (no income threshold)
Fee: TBD (if bill passes)

Current status: Both bills are in committee. No votes scheduled yet.

Industry reaction:

✅ Supporters say registration adds legitimacy and consumer confidence
❌ Critics say caps are too low and registration adds bureaucracy

What this means for you:

Current law remains in effect until/unless new legislation passes
Monitor legislative progress via Wisconsin DATCP website
Plan for potential changes but operate under current law

💡 Stay Informed: Join Wisconsin cottage food producer groups to track legislative updates.

What Are the Labeling Requirements for Cottage Food in Wisconsin?

Wisconsin has clear labeling requirements to inform consumers.

Required on Every Label:

Your business name and address

Can be home address or business address

Product name (common name)

Example: "Chocolate Chip Cookies"

Production date or "best by" date
Allergen information

List all major allergens
Example: "Contains: Wheat, Milk, Eggs, Soy"
Major allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans

Ingredients list

Descending order by weight
Include sub-ingredients
Example: "Ingredients: Wheat flour, sugar, butter (cream, salt), chocolate chips (chocolate, sugar, cocoa butter, soy lecithin), eggs, vanilla extract, baking soda, salt"

"Not inspected" disclaimer

Required wording: "This product was made in a private home not subject to state licensing or inspection"
Must be clearly visible and easy to read

Label Format Example

Sarah's Kitchen

CHOCOLATE CHIP COOKIES

Ingredients: Wheat flour, sugar, butter (cream, salt), chocolate
chips (chocolate, sugar, cocoa butter, soy lecithin), eggs, vanilla
extract, baking soda, salt

Contains: Wheat, Milk, Eggs, Soy



This product was made in a private home not subject to state
licensing or inspection.

Special Note: Canned Goods Labels

If selling canned goods, also include:

Processing method (e.g., "Water bath canned")
Storage instructions ("Refrigerate after opening")

Getting Started in Wisconsin (No Registration!)

Wisconsin makes it easy to start selling baked goods. No registration required (under current law).

Your Startup Checklist

Where Can I Sell Cottage Food in Wisconsin?

Wisconsin cottage food exemptions apply to direct-to-consumer sales only.

✅ Allowed Sales Venues

Direct Sales:

Farmers markets (unlimited markets)
Farm stands (on your property)
Community events (fairs, festivals, craft shows)
Holiday markets (seasonal events)
Direct from home (customer pickup)

Online & Mail Order:

✅ Online sales (website, social media orders)
✅ Mail order / shipping (within Wisconsin)

❌ NOT Allowed

These sales channels are prohibited under exemptions:

❌ Wholesale to stores (grocery stores, co-ops)
❌ Wholesale to restaurants or cafes
❌ Consignment at retail locations
❌ Third-party sellers (someone else selling on your behalf)
❌ Interstate shipping (out-of-state sales)

⚠️ Note: Home canning products (acidified foods, pickles, etc.) have more limited venues — farmers markets and events only.

Farmers Market Tips

Most Wisconsin farmers markets:

Welcome cottage food vendors
May ask for sample labels to verify compliance

Popular Wisconsin farmers markets:

Dane County Farmers Market (Madison) - largest producer-only market in US
Milwaukee Public Market Farmers Market
Door County Farmers Markets (Door County)
La Crosse Farmers Market

What's Being Proposed

Two bills could significantly change Wisconsin cottage food law:

Adds state oversight and potential inspections
Registration fee: To be determined
Requires registration for all producers (no income threshold)
May include food safety training requirement

Why the Push for Change?

Proponents argue:

✅ Registration adds consumer confidence and traceability
✅ Revenue caps ensure "home-scale" operations
✅ Aligns Wisconsin with other states' cottage food laws
✅ Protects legitimate commercial bakeries from unfair competition

Opponents argue:

❌ Caps limit economic opportunity for home bakers
❌ Registration adds bureaucracy and costs
❌ Current system works well without incidents

Current Status & Timeline

Both bills are in committee (no floor votes yet)
Public hearings have been held
No clear timeline for passage
Current law remains in effect

What could happen:

Bills pass - New caps and registration take effect (likely 2026)
Bills fail - Current unlimited system continues
Compromise - Higher caps or different registration thresholds

How to Stay Informed

Track legislation:

Wisconsin State Legislature website: https://docs.legis.wisconsin.gov/
Wisconsin DATCP (Dept of Ag, Trade & Consumer Protection): https://datcp.wi.gov/
Join Wisconsin cottage food producer Facebook groups

Get involved:

Contact your state representatives
Submit testimony at public hearings
Join producer advocacy groups

Common Questions About Wisconsin Cottage Food Law

Q: Is there really NO revenue cap for baked goods right now?

Q: Do I need to register or get a license?

Your city or county may require a general business license
Proposed legislation would require state registration
Check local requirements first

Q: Can I sell online or ship products?

A: No. Wisconsin's cottage food exemptions require direct-to-consumer sales at the point of sale. You cannot sell through an online store or ship products. You can advertise online but must arrange in-person pickup.

Q: What's the difference between baked goods and canned goods?

A: Two separate exemptions:

Baked goods (Kivirist exceptions): No revenue cap, no registration

Q: Can I make jam or jelly?

Follow USDA-approved recipes
May need pH testing for safety

Stop selling canned goods for the rest of the year, OR
Get a food processing license (requires commercial kitchen)

Q: Can I make custom wedding cakes?

A: Yes! Custom cakes are allowed as long as they don't contain prohibited fillings (custard, cream cheese, fresh fruit). Buttercream and fondant are fine. Decorated cakes are very popular in Wisconsin cottage food.

Q: Do I need food safety training?

A: Not required under current law. However, it's highly recommended. Consider:

ServSafe Food Handler course
University of Wisconsin Extension food safety workshops
Local health department training

Q: Can I sell at multiple farmers markets?

A: Yes! There's no limit on how many farmers markets you can attend. Wisconsin has excellent farmers markets statewide.

Q: Do I need insurance?

A: Not required by state law, but:

It's wise to protect yourself

Q: Do I need to collect sales tax?

Register with Wisconsin Department of Revenue
Collect sales tax from customers
File quarterly returns
Remit collected tax

Q: What if the new bills pass - will I be grandfathered in?

A: Unknown until bills pass. Typically, new regulations apply to all producers (no grandfathering), but transition periods may be provided. Monitor legislative updates closely.

How Do I Get Started Selling Cottage Food in Wisconsin?

Take advantage of Wisconsin's current flexible law while it exists. Here's your plan:

Build Your Customer Base:

Collect email addresses for newsletter
Offer samples at markets
Get customer feedback and refine products

Track Your Business:

Keep detailed sales records (for taxes)
Track which products sell best
Monitor ingredient costs and profitability

Expand Strategically:

Add new products based on customer requests
Find additional markets and events
Consider seasonal specialties (holidays, summer, etc.)
Build repeat customer relationships

Sources:

Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP) - Last verified: October 15, 2025
Wisconsin Statutes § 97.29 (Food Processing Exemptions) - Last verified: October 15, 2025
Wisconsin Statutes § 97.30 (Retail Food Establishments) - Last verified: October 15, 2025
Wisconsin Legislature: AB 897 & SB 813 (proposed legislation) - Last verified: October 15, 2025
County/local health departments