Wisconsin cottage food law
Last updated: · Research verified · Free PDF report
Tier: Freedom. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
How to start in Wisconsin
A practical path from “am I allowed?” to first sale. Not legal advice — confirm every step with Wisconsin agencies and your local offices.
Confirm your products are allowed
Wisconsin allows 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.. High-risk or refrigerated foods usually need a commercial kitchen — not a cottage exemption.
Choose sales channels you can actually use
Sales cap: Tiered. Indirect / wholesale-style sales: No. Farmers markets and direct-to-consumer pickup are the usual start. Check county and city rules before advertising porch pickup.
Clear local zoning, licenses, and tax IDs
State cottage food rules are the floor. Your city or county may still require a business license, home occupation approval, HOA permission, or sales tax registration. Do this before you print an address on Instagram.
Registration, training, and kitchen rules
State registration: No. Food handler / training: No. Kitchen inspection: No. Complete certificates the market or agency will ask for.
Build compliant labels
Use the Wisconsin label requirements on this site (and the free template). Match disclaimer language to the statute or agency guide before you print a batch.
Soft-launch, then first paid sales
Keep a simple sales log from day one so you stay under any annual cap. Soft-launch with pre-orders before a full market day.
Verify with official sources
Re-check the state cottage food page and your local health / planning office before you invest in equipment or marketing. Rules change.
What usually goes on the package
- Product name (common or usual name of the food)
- Business or producer name
- Producer address (or address alternative your state allows)
- Ingredients in descending order by weight
- Major allergen disclosures (e.g. wheat, milk, eggs, soy, tree nuts, peanuts, fish, shellfish, sesame)
- Net weight or quantity
- Home-kitchen disclaimer: “This product was made in a private home not subject to state licensing or inspection,”
This is a planning checklist compiled for home bakers. It is not legal, tax, or zoning advice.
Wisconsin vs neighboring cottage food laws
Tier and sales-cap snapshot for Wisconsin and nearby states. Click through for full rules, labeling, and county pages.
| State | Tier | Sales cap | Guide |
|---|---|---|---|
| WisconsinYou are here | Freedom | Tiered | This page |
| Illinois | Great | None | Illinois law → |
| Iowa | Good | None | Iowa law → |
| Michigan | Great | 50000 | Michigan law → |
| Minnesota | Great | 78000 | Minnesota law → |
Need a compliant product label for Wisconsin? Open the Wisconsin label mockup.
Tiered
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.
Registration: No. Food handler cert: No.
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
Verbatim excerpt97.29(2)(b)2. 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: a. The food products are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower. b. The person sells the food products at a community or social event or a farmers' market in this state. c. The person receives less than $5,000 per year from the sale of the food products. d. The person displays a sign at the place of sale stating: "These canned goods are homemade and not subject to state inspection." e. 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. 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. [The Kivirist v. DATCP circuit court order (2017) additionally enjoined enforcement of food processing and retail food establishment licensure against home bakers of good character who sell nonhazardous, shelf-stable baked goods direct to consumer at low volume, without a stated dollar cap. This court order was not appealed by DATCP and remains good law. A subsequent Court of Appeals decision (2024) held that this exception does NOT extend to unbaked nonpotentially hazardous homemade goods (chocolates, fudges, candies, etc.).]
Source: docs.legis.wisconsin.gov/document/statutes/97.29 →
Wisconsin Cottage Food Law — Full PDF report
A comprehensive report covering the Wisconsin statute, every county we've researched, and authoritative source URLs.
Download PDFWhere to verify Wisconsin's rules
Wisconsin Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Wisconsin Department of Agriculture, Trade and Consumer Protectionhttps://datcp.wi.gov/Pages/Programs_Services/CottageFoodLaws.aspx
Wisconsin's cottage food rules are set by Wis. Stat. §97.29. The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- 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
- Tiered
- No
- No
- No
Allowed products and sales channels
- 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.
- 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.
- Home-canned goods must be sold at community or social events or farmers' markets in Wisconsin (§97.29(2)(b)2.b). The Kivirist court order applies to direct-to-consumer sales by home bakers. Products cannot be sold to retail food establishments or distributed through wholesale channels without a license.
Labeling
- 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.
Statute excerpt
- 97.29(2)(b)2. 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: a. The food products are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower. b. The person sells the food products at a community or social event or a farmers' market in this state. c.
- The person receives less than $5,000 per year from the sale of the food products. d. The person displays a sign at the place of sale stating: "These canned goods are homemade and not subject to state inspection." e.
- 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.
- 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. [The Kivirist v. DATCP circuit court order (2017) additionally enjoined enforcement of food processing and retail food establishment licensure against home bakers of good character who sell nonhazardous, shelf-stable baked goods direct to consumer at low volume, without a stated dollar cap.
- This court order was not appealed by DATCP and remains good law. A subsequent Court of Appeals decision (2024) held that this exception does NOT extend to unbaked nonpotentially hazardous homemade goods (chocolates, fudges, candies, etc.).]
Official sources
- State agency cottage food page: https://datcp.wi.gov/Pages/Programs_Services/CottageFoodLaws.aspx
- Statute: https://docs.legis.wisconsin.gov/statutes/statutes/97/29
Summarized from official Wisconsin cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
Wisconsin Counties
72 counties tracked. Pick yours for the local zoning + health department links.
View all 72 counties →City zoning rules in Wisconsin
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
Download the PDFWas this page helpful?
Wisconsin cottage food law — FAQ
Do I need a license or permit to sell homemade food in Wisconsin?
Yes — No. Food handler certification: No.
What foods can I sell under the Wisconsin cottage food law?
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.
Is there a sales cap for cottage food in Wisconsin?
Tiered
How good is Wisconsin's cottage food law?
Wisconsin is a Freedom-tier cottage food state by Crosodo's rating criteria. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
Keep exploring Wisconsin
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What bakers ask about Wisconsin
Seed threads for markets, zoning, and labels — join the channel or ask the directory.
Farmers market process in Wisconsin?
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Good label printers in Wisconsin?
Local print shops or home setups that handle home-kitchen disclaimers cleanly.
Zoning experience in Wisconsin counties?
Home occupation, pickup traffic, signage — what did your planning office actually require?
How I got legal in Wisconsin
Registration portal tips, food handler cert, and the county step nobody publishes.
Wisconsin label wording that passed review
Share real labels (blur personal info) and any county extras beyond the state minimum.
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Resources for cottage food and home bakers
Supplies, courses, insurance, farmers markets, kitchen rentals, and local services. To advertise here, visit crosodo.com/advertise. Browse all classifieds.
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Baking classes, cottage food business training, workshops, and food safety education. Reach home bakers across the country.
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Product liability, home bakery, market vendor, and small food business insurance. Reach home bakers across the country.
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Reach home bakers in Wisconsin. Supply stores, farmers markets, kitchen rentals, co-packer referrals, and bakery services are welcome.
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Local cottage food listings, community kitchens, farmers market dates, and non-profit events can be submitted for review.
Submit a community listingAds are paid placements. Crosodo does not endorse listed vendors. Verify all product, service, course, insurance, and legal information independently.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Wisconsin Department of Agriculture, Trade and Consumer Protection and your local health department before relying on this data.