Cottage food laws in Dane County, WI
Dane County is a county in Wisconsin (pop. 559,891). 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 Dane County health and planning requirements via the health department and planning / zoning links on this page. Local notes for Dane County: home kitchen allowed; inspection not required; home occupation permit not required. Wisconsin has a Freedom-tier cottage food law structured via Wis. Stat. §97.29 (Pickle Bill), DATCP exemptions, and case law. No license or registration required for home bakers selling baked goods per DATCP guidelines. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Dane County cottage food reports
Zoning, permits, health department rules, and local sources for Dane 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 Dane County
State baseline: Wis. Stat. §97.29
- Home kitchen allowed
- Yes
- Restrictions
- Wisconsin is a Freedom-tier state but with unusual structure. Home-canned pickles and acidified goods are explicitly exempt under §97.29. Broader home-baked goods also functionally exempt under DATCP guidelines. No license required for home bakers selling direct. No inspection required for home bakers. Commercial kitchen not required.
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific state cottage food pet restriction
- Water supply
- No specific water testing requirement in state cottage food law
- Handwashing
- No specific requirement in state cottage food law
- Food storage
- Standard home kitchen storage for approved products
- Inspection required
- No
- Inspection trigger
- No routine inspection required. Home bakers selling baked goods per DATCP guidelines do not need a license. Complaint-based investigation possible.
- Home occupation permit
- Conditional
- Permit details
- Dane County Zoning Ordinance (Ch. 10) includes home occupation provisions. Dane County Planning can be contacted at danecountyplanning.com. City of Madison (county seat) has separate zoning code with home occupation provisions. Public Health Madison & Dane County handles food establishment licensing for commercial operations, but home bakers under DATCP exemption do not need a license. Unincorporated Dane County areas: home occupation permit may be required for operating a business from residence. Check with Dane County Planning for zoning requirements.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct sales within Wisconsin. Tiered sales cap: up to $7,500 no reporting; up to $21,000 direct/indirect with income reporting. No wholesale to unrelated third parties beyond farmers markets. Home bakers may sell at farmers markets, events, and from home.
- Max employees in home
- Not specified in state cottage food law
- Relevant code section
- Dane County Zoning Ordinance Ch. 10 (home occupation section). State: Wis. Stat. §97.29.
Wisconsin has a Freedom-tier cottage food law structured via Wis. Stat. §97.29 (Pickle Bill), DATCP exemptions, and case law. No license or registration required for home bakers selling baked goods per DATCP guidelines.
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 →
Dane County cottage food — FAQ
Do I need a permit to sell cottage food in Dane County, Wisconsin?
Home occupation permit: Conditional. Dane County Zoning Ordinance (Ch. 10) includes home occupation provisions. Dane County Planning can be contacted at danecountyplanning.com. City of Madison (county seat) has separate zoning code with home occupation provisions. Public Health Madison & Dane County handles food establishment licensing for commercial operations, but home bakers under DATCP exemption do not need a license. Unincorporated Dane County areas: home occupation permit may be required for operating a business from residence. Check with Dane County Planning for zoning requirements. 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 Dane County?
Inspection: No. Trigger: No routine inspection required. Home bakers selling baked goods per DATCP guidelines do not need a license. Complaint-based investigation possible.. 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 Dane 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 Dane County?
Home occupation permit: Conditional. Dane County Zoning Ordinance (Ch. 10) includes home occupation provisions. Dane County Planning can be contacted at danecountyplanning.com. City of Madison (county seat) has separate zoning code with home occupation provisions. Public Health Madison & Dane County handles food establishment licensing for commercial operations, but home bakers under DATCP exemption do not need a license. Unincorporated Dane County areas: home occupation permit may be required for operating a business from residence. Check with Dane County Planning for zoning requirements.
Where to verify Dane County rules
Dane County vs. bordering counties
| Regulation | Dane County This county | Rock County | Dodge County |
|---|---|---|---|
| Home kitchen allowed | Yes | Conditional | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific state cottage food pet restriction | No specific state prohibition for cottage food bakers; standard food safety practices apply. | 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 | Yes | Conditional | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Direct sales within Wisconsin. Tiered sales cap: up to $7,500 no reporting; up to $21,000 direct/indirect with income reporting. No wholesa… | Direct-to-consumer only for Kivirist-covered baked goods. No wholesale, retail, or online sales allowed under the baked goods exception. Pi… | Kivirist exception requires direct-to-consumer sales only. No wholesale. Home pickup and delivery to consumers is permitted under this fram… |
| Home occupation permit | Conditional | Varies | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | Wisconsin is a Freedom-tier state but with unusual structure. Home-canned pickles and acidified goods are explicitly exempt under §97.29. B… | Wisconsin has an unusual framework: (1) the statutory 'Pickle Bill' (§97.29(2)(b)2) allows home-canned pickles/acidified vegetables at comm… | Wisconsin cottage food law is unusual: the Kivirist court order allows home bakers (of good character, sanitary kitchen) to sell non-potent… |
| Food storage | Standard home kitchen storage for approved products | Shelf-stable, non-hazardous baked goods only; proper storage required. | No specific statutory storage requirements beyond general sanitation. |
| Population | 559,891 | 163,817 | 89,032 |
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