Business8 min read·Vol. 0

Selling cottage food in Wisconsin (2026 guide)

A plain-English walkthrough of Wisconsin's cottage food rules — who needs to register, what you can sell, the labeling requirements, and how the sales cap actually works. Includes the official statute, the state department links, and a county-level companion guide.

If you bake out of your home in Wisconsin, the rules you live by are set by the state's cottage food law — currently Wisconsin Statutes Chapter 97 Food, §97.29 Food processing plants (cottage food exemption at §97.29(2)(b)2); supplemented by Kivirist v. DATCP court order (2017) for home bakers. It's a Freedom-tier law on the Crosodo scale: very permissive, with effectively no sales cap and broad product allowance. This post is the plain-English version. The full breakdown — every county-specific zoning rule, the registration link, the latest verified statute citation — lives on the Crosodo Wisconsin state guide and the downloadable Wisconsin PDF report.

Not legal advice. We're a small apparel brand that cares about home bakers. For anything serious, read the law directly and call the Wisconsin Department of Agriculture, Trade and Consumer Protection.

The quick facts

Cottage food tier: Freedom
Annual sales cap: tiered
Registration required: No
Kitchen inspection: No
Food handler certification: No
Indirect sales (retail/online): No — direct-to-consumer only.
Statute: Wis. Stat. §97.29

What you can sell

Two distinct pathways: (1) Statute §97.29(2)(b)2 allows unlicensed home-canned pickles and acidified vegetables/fruits (pH 4.6 or lower) sold at community events or farmers' markets, capped at $5,000/year; (2) The Kivirist court order (2017) allows home bakers of good character to sell nonhazardous, shelf-stable baked goods direct to consumer at low volume without a license, with no stated dollar cap. DATCP may not enforce licensure against such bakers.

What's specifically excluded

TCS (potentially hazardous) foods require a food processing plant license. The Kivirist exception applies only to baked goods — not to unbaked nonpotentially hazardous items (chocolates, fudge, candies, rice crispy treats, etc.), which remain subject to licensure per the 2024 Court of Appeals ruling. Home-canned goods above $5,000/year require licensure.

Where you can sell

Wisconsin is a direct-to-consumer state under cottage food. That means farmers markets, home pickup, delivery you do yourself, roadside stands, and similar in-person channels. Selling through a grocery store, restaurant, or third-party retailer is not covered by the cottage food law — that's a commercial license question. See cottage food vs commercial kitchen for the move-up decision.

Labeling requirements

For home-canned goods (§97.29(2)(b)2): label must include the name and address of the preparer, the date canned, the statement 'This product was made in a private home not subject to state licensing or inspection,' and ingredients in descending order of prominence with major allergen common names listed. A sign at the point of sale must state: 'These canned goods are homemade and not subject to state inspection.' For home bakers under the Kivirist exemption, labeling requirements are not separately codified.

Texas has the most detailed plain-English label walkthrough we've published — the structure translates well to most other states. See how to label cottage food in Texas for a copy-paste template you can adapt for Wisconsin.

Common questions

Do I need to register before I start?

No — Wisconsin does not require home bakers to register before selling cottage food. That said, you should still keep clean records, follow the labeling rules, and check whether your county or city imposes its own home-occupation permit or business license. County-level details for Wisconsin are on the Crosodo Wisconsin state guide.

Do I need a food handler certification?

No — Wisconsin does not require a state-level food handler certification for cottage food. Many bakers take ServSafe Food Handler anyway (it's about $15 and takes 90 minutes); it's good practice and useful if a farmers market manager ever asks.

Is my home kitchen inspected?

No — Wisconsin does not require routine home kitchen inspections for cottage food. That's the whole point of the law: your kitchen isn't a regulated facility.

What's the sales cap?

tiered. Caps are gross sales, not profit. When you start approaching the cap, that's the signal to read cottage food vs commercial kitchen — it walks through the move-up math.

If you're just starting out

Read your statute. Wis. Stat. §97.29 It's shorter than you think.
Check your county. State law is the floor; your county can add zoning rules on top. The Crosodo Wisconsin state guide lists the top counties with their specific requirements.
Pick what you'll bake. The top selling sourdough loaves and beyond bread (cookies, buns, scones) posts cover what tends to actually sell at farmers markets.
Price it right. The cottage baker pricing post walks through unit economics — most new bakers underprice by 30%.
Label it correctly. Adapt the Texas label template to Wisconsin's required disclaimer language.
Set up your back office. The cottage baker software stack post covers what we use day-to-day.

Official sources

If your county is missing from our Wisconsin directory, tell us and we'll add it next. And if you want one of our sourdough varsity shirts while you proof your starter, the shop is here.

Crosodo Blog entries are recipe and craft notes from working cottage bakers. Recipes assume working with an active starter and basic equipment. Cottage food sales are governed by your state's law — see our state directory for legal details.