State Guides6 min read
Wisconsin Cottage Food Laws 2026: Baked Goods & Pickles
Wisconsin has no general cottage food law. Sell non-hazardous baked goods direct under court orders.
At a glance
- No general cottage food law. Wisconsin creates narrow exemptions from food licensing rather than a single cottage food program. Two paths matter most: home-baked goods under court orders, and home-canned acidic foods under the Pickle Bill (§ 97.29).
- No license under § 97.29 for the Pickle Bill path; the DATCP guidance does not list a license or registration for the court-order path. The baked-goods path comes from certain court orders in Kivirist v. DATCP, not statute (DATCP). The Pickle Bill is a statutory exemption from the food processing plant license for retail sales of home-canned acidic foods (§ 97.29).
- The DATCP guidance does not list a sales cap for baked goods. The Pickle Bill requires the person to receive less than $5,000 per year from the sale of the food products (§ 97.29).
- Direct to consumers only for baked goods (DATCP). Pickle Bill products sell at community or social events or farmers' markets in this state (§ 97.29).
- The DATCP guidance does not list label rules for the court-order path. Pickle Bill labels must follow the statute's exact requirements (§ 97.29).
Pick your route
Home bakers: baked goods under court orders
Certain court orders in Kivirist v. DATCP prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous to sell directly to consumers (DATCP). The court’s orders apply only to people producing baked goods in their homes. Commercial kitchen baking businesses must follow Wisconsin Administrative Code chapters ATCP 70 and ATCP 75 (DATCP).
Baked goods are generally exposed to dry heat, transferred via air, at a temperature above 140°F, to a food in a closed chamber such as an oven. The finished product must not be potentially hazardous. The DATCP guidance does not list a sales cap, training requirement, or label rules for this path. Businesses wholesaling baked goods must be licensed (DATCP). Candy, fudge, and similar unbaked products are not covered by the court orders and require a food processing or retail food establishment license.
Home-canned acidic foods: the Pickle Bill
A person is not required to obtain a license under this section to sell at retail food products that the person prepares and cans at home in this state if all of the following apply (§ 97.29): the food products are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower; the person sells the food products at a community or social event or a farmers’ market in this state; and the person receives less than $5,000 per year from the sale of the food products.
The person displays a sign at the place of sale stating: “These canned goods are homemade and not subject to state inspection.” (§ 97.29). The statute also sets specific label requirements, described below. The department shall encourage persons to whom the exemption in sub. (2) (b) 2. applies to attend and complete training, that is approved by the department, concerning preparing and canning foods (§ 97.29).
What you can sell
Baked goods (home baker path): bread, cookies, brownies, cakes, fruit pies, and similar items baked in an oven above 140°F, as long as the finished product is not potentially hazardous.
Home-canned acidic foods (Pickle Bill): pickles, salsa, jams and jellies, and other processed vegetables or fruits with an equilibrium pH of 4.6 or lower.
Other statutory exemptions: honey, cider, maple syrup, and fresh produce sold by the operator of a retail food establishment primarily engaged in selling those products are exempt from retail food establishment licensing if not engaged in other food processing (§ 97.30). Maple syrup production and packaging is also exempt from food processing plant licensing up to $5,000 in sales per 12 months (§ 97.29). Eggs from a flock of 150 birds or fewer can be sold direct to consumers without a food processing license under a separate provision (§ 97.28).
What you can't sell
Unbaked homemade foods like chocolates, fudge, rice cereal treats, and candy are not covered by the court orders. The retail food establishment laws found in § 97.30 do not violate equal protection or due process rights as applied to sellers of unbaked, not potentially hazardous, homemade foods (§ 97.30). Potentially hazardous foods—foods that require temperature control—are not covered by either path. Meat, dairy, and low-acid canned goods are not covered by either path and generally require a license.
How and where you can sell
Home bakers sell directly to consumers. Businesses wholesaling baked goods must be licensed (DATCP).
Pickle Bill producers sell at community or social events or farmers' markets in this state (§ 97.29).
Labels
The DATCP guidance does not list label content for the home-baker court-order exemption. Retail food establishments must label packaged products with the product name, list of ingredients, food allergen statement, net weight, business name and address, and nutrition information unless exempt (DATCP). Ask DATCP whether that guidance applies to home bakers under the court orders.
The Pickle Bill sets its own label rules in statute. The block below shows both regimes.
Label rules last verified Oct 2, 2026 against 13 official sources. These rules rest mainly on agency guidance, so confirm the details with the agency.
Make a Wisconsin labelHome bakers (Kivirist v. DATCP court orders; no statute)
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DATCP says the circuit-court orders in Kivirist v. DATCP (Lafayette County No. 2016CV06) prohibit enforcement of licensing against such bakers. Not covered, per DATCP: potentially hazardous baked goods, wholesaling, commercial kitchens; and the Court of Appeals (2024 WI App 69) upheld licensing for unbaked, not potentially hazardous homemade foods such as candy and fudge. No statute or rule sets label content for this regime.The cottage food rules say nothing about product name, ingredients, allergens, net quantity, date made, business or producer name, address. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.
Home-canned pickles and acidic fruits/vegetables ("Pickle Bill")
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these sales (Wis. Stat. § 97.29(2)(b)2.a.-c.).Required on the label
This product was made in a private home not subject to state licensing or inspection.
- IngredientsA list of ingredients in descending order of prominence.
- AllergensWithin the ingredient list: if any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list "shall include the common name of the…
- Date made"the date on which the food product was canned" (canning date; the statute does not accept a best-by date in its place).
- Business or producer nameName of the person who prepared and canned the food product.
- AddressAddress of the person who prepared and canned the food product.
Also required, but not on the label
These canned goods are homemade and not subject to state inspection.
The cottage food rules say nothing about product name, net quantity. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.
General labeling law: Not resolved by the cottage-food provisions; general labeling law is likely to apply on top, but no source read says so for the home-baker regime specifically.
Sources (13)
- Wis. Stat. § 97.29(2)(b)2 (2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247, in effect on Oct. 1, 2026)
- Wis. Stat. § 97.30 annotation
- 2025 Assembly Bill 748 (history)
- 2025 Senate Bill 739 (history)
- 2023 Senate Bill 813 (history)
- 2023 Assembly Bill 897 (history)
- 2009 Wisconsin Act 101
- DATCP, Licenses and Homemade Baked Goods (page)
- DATCP, Licenses and Homemade Baked Goods (flyer P-DFRS0222, 05/2025)
- DATCP, General Food Labeling (page)
- DATCP Bureau of Weights and Measures, Product Labeling Requirements (Rev. 12/5/2019)
- DATCP, Wisconsin Food Code Fact Sheet: Retail Labeling Requirements
- Wisconsin Legislative Council Issue Brief, Wisconsin Cottage Food Law (June 2025)
Before your first sale
- To do: Decide which path fits your product: baked goods (court order) or home-canned acidic foods (Pickle Bill).
- To do: Confirm your product is not potentially hazardous and, for canning, has a pH of 4.6 or lower.
- To do: For Pickle Bill sales, prepare your sign and labels to match the statute's wording.
- To do: Check your city or county for local business license, zoning, and tax rules.
- To do: Plan your first sales and pricing before you launch.
- To do: Contact DATCP at (608) 224-4923 if you are unsure whether your product qualifies.
Common questions
Do I need a license to sell baked goods from home in Wisconsin?
No, if you are baking non-potentially hazardous goods at home and selling them directly to consumers under the court orders. If you wholesale baked goods, use a commercial kitchen, or sell potentially hazardous baked goods, you need a license.
Is there a sales cap for cottage food in Wisconsin?
The DATCP guidance does not list a sales cap for baked goods sold under the court orders. The Pickle Bill requires the person to receive less than $5,000 per year from the sale of the food products (§ 97.29). A place used solely for producing and packaging maple syrup or concentrated maple sap for sale directly to consumers or to a licensed food processing plant is exempt from food processing plant licensing if those sales do not exceed $5,000 in any 12-month period (§ 97.29).
Can I sell candy, fudge, or chocolate from home without a license?
No. The retail food establishment laws found in § 97.30 do not violate equal protection or due process rights as applied to sellers of unbaked, not potentially hazardous, homemade foods (§ 97.30). Candy, fudge, and similar unbaked products are not covered by the court orders and require a food processing or retail food establishment license.
What label do I need for Pickle Bill products?
Each container of food product that is sold is labeled with the name and address of the person who prepared and canned the food product, the date on which the food product was canned, the statement “This product was made in a private home not subject to state licensing or inspection.”, and a list of ingredients in descending order of prominence (§ 97.29). If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients shall include the common name of the ingredient (§ 97.29).
