Cottage food laws in Columbia County, WI
Columbia County is a county in Wisconsin (pop. 58,272). 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 Columbia County health and planning requirements. Local notes for Columbia County: home kitchen allowed; inspection not required; home occupation permit not required. Wisconsin's cottage food landscape is shaped primarily by the 2017 Kivirist v. DATCP court order and the 2024 Court of Appeals ruling limiting it to baked goods only. The statutory 'Pickle Bill' (§97.29(2)(b)2) provides the only express statutory exemption. Chocolates, fudge, candy are excluded from the Kivirist exemption. Columbia County (Portage) is in south-central WI. Wisconsin Supreme Court denied review of the 2024 ruling. Wisconsin Legislature issued a report on this topic in June 2025. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Columbia County cottage food reports
Zoning, permits, health department rules, and local sources for Columbia 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 Columbia County
State baseline: Wis. Stat. §97.29 (Kivirist court order 2017; 2024 WI App 69 clarification)
- Home kitchen allowed
- Yes
- Restrictions
- Wisconsin has an unusual cottage food framework shaped by case law. The Kivirist court order (2017) allows home bakers to sell nonhazardous, shelf-stable baked goods direct to consumer without a license. Home-canned pickles/acidified vegetables (pH ≤4.6) at up to $5,000/year allowed at community events or farmers markets. Unbaked goods (chocolate, candy, fudge) are NOT covered by the Kivirist exception (2024 WI App 69).
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific pet restriction in Wisconsin cottage food case law or statute.
- Water supply
- No specific state cottage food water testing requirement.
- Handwashing
- No specific state cottage food handwashing mandate.
- Food storage
- Shelf-stable, nonhazardous products required. No TCS foods.
- Inspection required
- No
- Inspection trigger
- DATCP enjoined from enforcing licensing against qualifying home bakers per Kivirist court order.
- Home occupation permit
- Varies
- Permit details
- Columbia County and City of Portage may have home occupation zoning requirements. Wisconsin law does not expressly preempt local zoning for cottage food. Operators should check with Columbia County Zoning.
- Local business license
- Varies
- On-site customer pickup
- Conditional
- On-site signage
- Conditional
- Delivery / pickup
- Kivirist exception: baked goods direct to consumer at low volume. Pickle Bill: up to $5,000/year at community events or farmers markets. No online sales or retail sales under either pathway.
- Max employees in home
- Not specified.
- Relevant code section
- Columbia County zoning code (home occupation provisions); Wis. Stat. §97.29 and Kivirist v. DATCP (Lafayette County Circuit Court, 2017); 2024 WI App 69.
Wisconsin's cottage food landscape is shaped primarily by the 2017 Kivirist v. DATCP court order and the 2024 Court of Appeals ruling limiting it to baked goods only. The statutory 'Pickle Bill' (§97.29(2)(b)2) provides the only express statutory exemption. Chocolates, fudge, candy are excluded from the Kivirist exemption. Columbia County (Portage) is in south-central WI. Wisconsin Supreme Court denied review of the 2024 ruling. Wisconsin Legislature issued a report on this topic in June 2025.
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 →
Columbia County cottage food — FAQ
Do I need a permit to sell cottage food in Columbia County, Wisconsin?
Home occupation permit: Varies. Columbia County and City of Portage may have home occupation zoning requirements. Wisconsin law does not expressly preempt local zoning for cottage food. Operators should check with Columbia County Zoning. 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 Columbia County?
Inspection: No. Trigger: DATCP enjoined from enforcing licensing against qualifying home bakers per Kivirist court order.. 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 Columbia 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 Columbia County?
Home occupation permit: Varies. Columbia County and City of Portage may have home occupation zoning requirements. Wisconsin law does not expressly preempt local zoning for cottage food. Operators should check with Columbia County Zoning.
Where to verify Columbia County rules
Columbia County vs. bordering counties
| Regulation | Columbia County This county | Sauk County | Dodge County |
|---|---|---|---|
| Home kitchen allowed | Yes | Conditional | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific pet restriction in Wisconsin cottage food case law or statute. | No specific state prohibition; best practice is to exclude pets during production | Not specified in Kivirist order, but kitchen hygiene (not in question) is a key condition of the Kivirist exemption. |
| Inspection required | No | No | No |
| On-site customer pickup | Conditional | Conditional | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Kivirist exception: baked goods direct to consumer at low volume. Pickle Bill: up to $5,000/year at community events or farmers markets. No… | Direct sales to consumers only for unlicensed operations. Farmers markets and direct delivery permitted. | Kivirist exception requires direct-to-consumer sales only. No wholesale. Home pickup and delivery to consumers is permitted under this fram… |
| Home occupation permit | Varies | Varies | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | Wisconsin has an unusual cottage food framework shaped by case law. The Kivirist court order (2017) allows home bakers to sell nonhazardous… | Home bakers of non-potentially hazardous baked goods may sell directly to consumers without a license (Kivirist exception). Non-baked non-P… | Wisconsin cottage food law is unusual: the Kivirist court order allows home bakers (of good character, sanitary kitchen) to sell non-potent… |
| Food storage | Shelf-stable, nonhazardous products required. No TCS foods. | Proper storage required; shelf-stable non-PHF baked goods only for unlicensed operation | No specific statutory storage requirements beyond general sanitation. |
| Population | 58,272 | 65,664 | 89,032 |
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