Cottage food laws in Brown County, WI
Brown County is a county in Wisconsin (pop. 268,393). Under Wisconsin's Freedom-tier cottage food law (sales cap: Tiered), home bakers must still clear local zoning and health rules in this county. Registration path: No. Start with Wisconsin Department of Agriculture, Trade and Consumer Protection (state cottage food page linked below), then confirm Brown County health and planning requirements via the health department links on this page. Local notes for Brown County: home kitchen allowed; inspection not required; home occupation permit required. County seat is Green Bay per FIPS reference. Wisconsin cottage food landscape shaped by Kivirist court order (2017) and 2024 WI Court of Appeals clarification (unbaked goods not covered). DATCP confirms baked goods only for unlicensed home production. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Brown County cottage food reports
Zoning, permits, health department rules, and local sources for Brown County.
Download county PDF
Full statute, all counties in Wisconsin, and official source links.
Download state PDFTier: Freedom
Wisconsin has a Freedom-tier cottage food law — sell almost anything direct to consumer with no sales cap. The state baseline is permissive, so local zoning is usually the main constraint to navigate.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Brown County
State baseline: Wis. Stat. §97.29
- Home kitchen allowed
- Yes
- Restrictions
- Wisconsin allows home bakers (non-potentially-hazardous baked goods) to sell direct-to-consumer without a license per Kivirist court order (2017, Lafayette County). Home-canned pickles/acidified items (pH ≤4.6) allowed up to $5,000/year at community events/farmers markets (§97.29(2)(b)2). Note: 2024 Court of Appeals ruling clarifies Kivirist exception does NOT extend to unbaked goods (chocolates, fudge, candy). Brown County home occupation permit required.
- Separate dedicated kitchen
- No
- Pet restrictions
- Not specified; kitchen must be sanitary for food production
- Water supply
- Potable water supply required
- Handwashing
- Adequate handwashing for food safety; no formal certification required by state
- Food storage
- Non-TCS shelf-stable foods; baked goods must be non-potentially hazardous
- Inspection required
- No
- Inspection trigger
- No routine inspection required for cottage food home bakers under Kivirist; DATCP complaint-based enforcement
- Home occupation permit
- Yes
- Permit details
- Brown County allows home occupations as accessory use in residential zones; home occupation permit required. Business must be secondary to residential use. Cities of Green Bay, De Pere, and Ashwaubenon have city-specific rules that may differ from county rules.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct-to-consumer sales only; no wholesale. Home-canned items limited to $5,000/year at community events and farmers markets. Baked goods direct sales have no stated cap.
- Max employees in home
- Not specified in state law; local home occupation rules may limit non-resident employees
- Relevant code section
- Wis. Stat. §97.29(2)(b)2; Brown County Zoning Ordinance (home occupation provisions)
County seat is Green Bay per FIPS reference. Wisconsin cottage food landscape shaped by Kivirist court order (2017) and 2024 WI Court of Appeals clarification (unbaked goods not covered). DATCP confirms baked goods only for unlicensed home production.
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
Full Wisconsin state report (with PDF download) →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 →
Brown County cottage food — FAQ
Do I need a permit to sell cottage food in Brown County, Wisconsin?
Home occupation permit: Yes. Brown County allows home occupations as accessory use in residential zones; home occupation permit required. Business must be secondary to residential use. Cities of Green Bay, De Pere, and Ashwaubenon have city-specific rules that may differ from county rules. State cottage food registration may also apply — check the Wisconsin guide at https://crosodo.com/states/wisconsin.
Is a health inspection required for home bakers in Brown County?
Inspection: No. Trigger: No routine inspection required for cottage food home bakers under Kivirist; DATCP complaint-based enforcement. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.
What foods can I sell under Wisconsin cottage food law in Brown County?
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. County zoning does not expand the state product list — if a food is banned by Wisconsin, it stays banned. Verify with the state agency before selling.
What is the sales cap for cottage food in Wisconsin?
Wisconsin state law lists cottage food sales at Tiered. There is typically no separate county sales cap, but local permits or zoning can still limit operations.
Do I need a home occupation permit in Brown County?
Home occupation permit: Yes. Brown County allows home occupations as accessory use in residential zones; home occupation permit required. Business must be secondary to residential use. Cities of Green Bay, De Pere, and Ashwaubenon have city-specific rules that may differ from county rules.
Where to verify Brown County rules
Brown County vs. bordering counties
| Regulation | Brown County This county | Outagamie County | Manitowoc County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Not specified; kitchen must be sanitary for food production | No explicit state-level pet restriction in Wisconsin cottage food framework. | Kitchen hygiene must not be in question per Kivirist conditions. |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Direct-to-consumer sales only; no wholesale. Home-canned items limited to $5,000/year at community events and farmers markets. Baked goods … | Kivirist path: direct-to-consumer; no specific channel restrictions stated. Pickle Bill path: only at community events or farmers markets. … | Direct-to-consumer sales only under Kivirist; no wholesale. Pickle Bill: community events and farmers markets only up to $5,000/year. |
| Home occupation permit | Yes | Conditional | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | Wisconsin allows home bakers (non-potentially-hazardous baked goods) to sell direct-to-consumer without a license per Kivirist court order … | Wisconsin cottage food framework: (1) Pickle Bill (§97.29(2)(b)2): home-canned pickles and acidified vegetables/fruits (pH 4.6 or lower) at… | Same as all Wisconsin counties: Kivirist court order allows home bakers selling non-PHF baked goods directly to consumers without a DATCP l… |
| Food storage | Non-TCS shelf-stable foods; baked goods must be non-potentially hazardous | Shelf-stable, non-TCS baked goods under Kivirist path. Pickle Bill: home-canned acidified items only. Standard GMP storage. | No specific statutory requirement beyond general sanitation. |
| Population | 268,393 | 190,611 | 81,242 |
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