Cottage food laws/Wisconsin
Permissive

Wisconsin cottage food laws

No cap on baked goods (post-cookie case), but legislative reform is still pending.

Wisconsin's cottage food rules come from two sources: a 2017 Lafayette County court injunction (the so-called 'cookie case') that struck down Wisconsin's ban on home-baked goods, and the older Pickle Bill (Wis. Stat. § 97.29) for high-acid canned goods. There is no sales cap on home-baked goods, no license, and no inspection. The Pickle Bill caps high-acid canned goods at $5,000 in gross annual sales. Reform efforts in 2026 would impose a $40,000 cap and registration; advocates are pushing back. Status is in flux.

Last verified May 2, 2026•Wisconsin Home-Baked Goods (Lafayette County injunction) and Pickle Bill (Wis. Stat. § 97.29)
At a glance

Wisconsin cottage food, quick facts.

📋
Permit
Not required for home-baked goods (per 2017 court injunction); not required under Pickle Bill
💰
Sales cap
No cap on home-baked goods. $5,000/year on Pickle Bill (high-acid canned) products.
🌐
Online sales
Allowed (with in-state pickup or delivery)
📦
Shipping in-state
Allowed in practice; shipping rules are not codified, so confirm with DATCP
✈️
Shipping out-of-state
Not protected by state law
🎓
Training
Not required by state law for home-baked goods
🏠
Inspection
Not required
How it works

How the Wisconsin cottage food law actually works.

Wisconsin is unusual. The state legislature never passed a comprehensive cottage food law. Instead, home bakers operate under a 2017 Lafayette County circuit court ruling (the 'cookie case'), which struck down Wisconsin's ban on selling home-baked goods. Judge Duane Jorgenson issued the injunction on October 2, 2017 and clarified it in a follow-up 2021 ruling that the rule applied to anything baked in the oven that is not potentially hazardous, not just flour-based products.

Under the injunction, home bakers can sell non-potentially hazardous baked goods directly to consumers without a Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) retail food license. There is no sales cap, no required registration, and no required inspection. The bakery operates from the home kitchen.

Separately, Wisconsin's older Pickle Bill (Wis. Stat. § 97.29) covers high-acid home-canned goods like pickles, jams, jellies, and salsas. It caps gross annual sales at $5,000 and limits venues to direct-to-consumer at community events, farmers markets, and similar settings.

Multiple legislative reform efforts have failed over the years, and a 2026 bill is again pending. The current proposal would impose a $40,000 cap, require registration, mandate a food safety course, and add inspection requirements. Home bakers and the Wisconsin Cottage Food Association are pushing back hard. The status is genuinely in flux; check the Wisconsin Cottage Food Association website for updates before relying on any specific number.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Cookies, brownies, bars, biscotti
  • Cakes, cupcakes, muffins, breads, rolls
  • Fruit pies and other shelf-stable pies
  • Pastries, danishes, sweet rolls (non-perishable)
  • Anything baked in the oven that is non-potentially hazardous (per the 2021 court clarification)
  • High-acid jams and jellies (under the Pickle Bill, capped at $5K)
  • Pickles and acidified vegetables (under the Pickle Bill, capped at $5K)
  • Honey (under separate Wisconsin honey rules)
✕Prohibited
  • Cream pies, custard pies, cream cheese frostings, cheesecakes
  • Anything that requires refrigeration to be safe
  • Candy, chocolate, fudge (not covered by the baked-goods injunction)
  • Roasted coffee, dehydrated foods, dry mixes (not covered by the baked-goods injunction)
  • Meat, poultry, fish, shellfish
  • Low-acid canned vegetables and salsas
  • Raw (unpasteurized) milk and raw dairy

Wisconsin is unusual: only baked goods (per the court injunction) and high-acid canned goods (per the Pickle Bill) are clearly covered. Candy, dried foods, dry mixes, roasted coffee, and similar items that other states allow are NOT clearly covered. Confirm with DATCP before producing them at scale.

Where you can sell

Sales channels for Wisconsin cottage bakers.

🤝
In-person / pickup
Allowed statewide. Home pickup, delivery, farmers markets, roadside stands, community events.
🌐
Online sales
Allowed in practice. Take orders by website, social, email, or phone, then arrange in-state pickup or delivery.
📦
Shipping in-state
Allowed in practice; the court injunction did not address shipping specifically, so confirm with DATCP if shipping is a primary channel for you.
✈️
Shipping out-of-state
Not protected by state law. Federal interstate commerce rules apply.
🥕
Farmers markets
Allowed. No special state cottage permit required for baked goods or Pickle Bill products.
🏪
Retail stores
Not allowed under the baked-goods injunction or the Pickle Bill. Wholesale and retail resale require a DATCP retail food license.
🍽️
Restaurants
Not allowed. Restaurants may not resell or use cottage products as menu ingredients.
  • All sales must be direct to the end consumer.
  • Confirm with your local DATCP regional office before relying on shipping or any unusual channel; the court ruling did not address every fact pattern.
Labels

Label every product, exactly like this.

01
Common name of the product
02
Producer name
03
Producer city and state (and address if required)
04
Ingredients in descending order by weight
05
Allergen statement
Identify the major allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, sesame).
06
Net weight or volume
07
Required disclaimer
Verbatim text below.
Required disclaimer (copy verbatim)
This product was made in a private home not subject to state licensing or inspection.
  • Wisconsin has no codified cottage food labeling statute; the disclaimer above is the industry standard recommended by the Wisconsin Cottage Food Association and aligned with FDA general food labeling guidance.
  • Pickle Bill products have additional rules under Wis. Stat. § 97.29.
  • Online listings should include the same disclaimer near the product description.
Sales cap

How much can you earn under Wisconsin cottage law?

There is no sales cap on home-baked goods sold under the 2017 Lafayette County court injunction. The Pickle Bill caps high-acid canned goods at $5,000 in gross annual sales. A 2026 reform bill in the Wisconsin legislature would impose a $40,000 statewide cap on cottage food, but advocates are pushing back; the bill is not law as of May 2026. Track the Wisconsin Cottage Food Association for updates.

Training

Food safety training in Wisconsin

Wisconsin does not require food safety training for home bakers under the court injunction. Many bakers complete a low-cost ServSafe Food Handler course as a personal credibility step. The pending reform bill would add a training requirement; confirm before relying on it.

Registration

Registration, permits, and inspections in Wisconsin

There is no state registration. The 2017 court ruling exempts home-baked goods from DATCP retail food licensing. Pickle Bill products do not require a license under the $5,000 cap. The 2026 reform bill would add a registration requirement; confirm current status before relying on the no-registration rule for new business plans.

Step-by-step

How to start a cottage bakery in Wisconsin.

  1. 01
    Confirm your products are non-potentially hazardous baked goods
    The court injunction covers anything baked in the oven that is not potentially hazardous. Cream-filled, custard, cheesecake, and refrigeration-required items are not covered.
    Wisconsin DATCP: Home Bakers and Baked Goods →
  2. 02
    Build a label template
    Product name, producer name and location, ingredients by weight, allergen statement, net weight, and the recommended disclaimer.
  3. 03
    Choose your sales channels
    Direct sales, farmers markets, roadside stands, community events, and online (with in-state pickup or delivery). Wholesale and retail resale require a DATCP retail food license.
  4. 04
    Set up your storefront
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add menu, prices, lead times, and pickup or delivery zones.
    Create a free Cakery page →
  5. 05
    Track gross sales and watch for legislation
    There is no current cap on baked goods, but the 2026 reform bill could impose a $40,000 cap. Keep clean records and follow the Wisconsin Cottage Food Association for updates.
    Wisconsin Cottage Food Association →
  6. 06
    Register for state and local sales tax
    Register with the Wisconsin Department of Revenue for a sales tax permit before you start selling taxable items.
    Wisconsin Department of Revenue: Sales Tax →
Worth knowing

A few things Wisconsin bakers should know.

  • Wisconsin's home-baked goods rules come from a court injunction, not a statute. That is unusual nationally and means the rules can shift if the injunction is challenged or replaced by legislation.
  • The 2017 ruling was clarified in 2021 to cover anything baked in the oven that is non-potentially hazardous. Candies, dried foods, dry mixes, and roasted coffee are NOT clearly covered.
  • The Pickle Bill (Wis. Stat. § 97.29) covers high-acid canned goods with a $5,000 annual cap. It is separate from the baked-goods injunction.
  • A 2026 reform bill would impose a $40,000 cap, registration, training, and inspection. Advocates are pushing back. Status is genuinely in flux as of May 2026; verify before making business decisions.
  • Wholesale, retail resale, and restaurant menu use are not allowed. Direct-to-consumer only.
Resources

Bookmark these for Wisconsin baking.

Official agency resources

Wisconsin DATCP: Home Bakers and Baked Goods
Official DATCP guidance on home-baked goods, including the impact of the 2017 court ruling.
→
Wisconsin Cottage Food Association
Advocacy organization that runs the cookie case and tracks every reform bill. The single best source for current status.
→
Wisconsin Department of Revenue: Sales Tax
Register for a sales tax permit so you can collect and remit Wisconsin sales tax.
→
Wisconsin Legislative Council: Cottage Food Issue Brief (2025)
Legislative Council issue brief summarizing the current legal landscape and pending reforms.
→

Statute and rules text

Wis. Stat. § 97.29 (Pickle Bill: high-acid home-canned goods)
→
Lafayette County Circuit Court ruling (2017 cookie case) and 2021 clarification
→

Helpful resources for bakers

Forrager: Wisconsin guide
Plain-English summary of Wisconsin's unusual home-baked goods rules.
→
Institute for Justice: Selling Homemade Food in Wisconsin
Advocacy overview of Wisconsin homemade food rules and the cookie case.
→
Wisconsin Cottage Food Bakers (Facebook group)
Community of Wisconsin home bakers swapping label, market, and legislative-update tips.
→
Wisconsin Examiner: Cottage food coverage
Independent news coverage of Wisconsin cottage food legislation.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in Wisconsin.

  • January 21, 2026A new cottage food reform bill was introduced in the Wisconsin legislature. It would impose a $40,000 sales cap, registration, mandatory training, liability insurance, and home inspections. The bill is opposed by home bakers and is not law.
  • May 20, 2021Lafayette County Circuit Court clarified that the 2017 cookie case ruling applies to anything baked in the oven that is non-potentially hazardous (not just flour-based products).
  • October 2, 2017Lafayette County Circuit Court issued the 'cookie case' injunction striking down Wisconsin's ban on home-baked goods. Wisconsin home bakers can sell non-potentially hazardous baked goods directly to consumers without a license.
FAQ

Wisconsin cottage food FAQ.

Are home bakeries legal in Wisconsin?
Yes, for non-potentially hazardous baked goods, under the 2017 Lafayette County court injunction (the 'cookie case'). Sales are direct-to-consumer with no sales cap and no license required.
Is there a sales cap?
No cap on home-baked goods under the court injunction. High-acid canned products under the Pickle Bill are capped at $5,000 in gross annual sales. A 2026 reform bill would impose a $40,000 cap on cottage food, but it is not law as of May 2026.
What can a Wisconsin cottage baker actually sell?
Anything baked in the oven that is non-potentially hazardous: cookies, brownies, cakes, breads, fruit pies, muffins, etc. Items that need refrigeration (cream pies, cheesecakes, cream cheese frostings) are not covered. Candies, dried foods, dry mixes, and roasted coffee are NOT clearly covered by the baked-goods ruling.
What is the recommended label disclaimer?
This product was made in a private home not subject to state licensing or inspection. Wisconsin has no codified cottage food labeling law, so this is the industry-standard recommendation aligned with FDA general food labeling guidance.
Can I sell to coffee shops or grocery stores?
No. Wholesale and retail resale require a DATCP retail food license and a permitted facility. The court injunction covers direct-to-consumer sales only.
Can I sell online and ship?
Online ordering with in-state pickup or delivery is widely practiced. Shipping was not specifically addressed in the court ruling, so confirm with DATCP before making it your primary channel. Out-of-state shipping is not protected by state law.
Will the law change?
Possibly. A 2026 reform bill would impose a $40,000 cap, registration, mandatory training, and inspections. Home bakers and the Wisconsin Cottage Food Association are pushing back. Track the Wisconsin Cottage Food Association website for current status.
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Last verified May 2, 2026. This page is a plain-English summary of Wisconsin cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Wisconsin agency listed in the official resources above before you sell, ship, or label a product.