- Home occupation permit required:
- Varies
- Details:
- Lafayette County is historically significant as the originating jurisdiction for the Kivirist v. DATCP case (2017 Lafayette County Circuit Court), which established the home baker exemption from DATCP licensing statewide. No Lafayette County-specific cottage food overlay beyond the state framework has been identified. Darlington (county seat) has its own rules within city limits.
- Home kitchen:
- Wisconsin has a case-law-driven cottage food framework: (1) The statutory 'Pickle Bill' (§97.29(2)(b)2) allows 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 injunction (Lafayette County Circuit Court, 2017) prohibits DATCP from enforcing licensing requirements against home bakers of good character who sell nonhazardous shelf-stable baked goods directly to consumers — this injunction originated in Lafayette County; (3) The 2024 Court of Appeals ruling (2024 WI App 69) confirmed unbaked goods (candies, fudge, chocolates) are NOT covered by the Kivirist exception.
Last verified 2026-05-06. Not legal advice.
