Wisconsin Cottage Food Law
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.
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
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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)
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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.
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.