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Cottage food laws in Ozaukee County, WI

Can I sell cottage food from home in Ozaukee County, Wisconsin?
Yes — Wisconsin allows cottage food sales under a Freedom-tier law (cap: Tiered). Locally: home kitchens are allowed; no health inspection required. Last verified May 5, 2026. Confirm with Wisconsin Department of Agriculture, Trade and Consumer Protection and the Ozaukee County health department before you sell.

Ozaukee County is a county in Wisconsin (pop. 91,745). 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 Ozaukee County health and planning requirements via the health department links on this page. Local notes for Ozaukee County: home kitchen allowed; inspection not required; home occupation permit not required. Corrected: county_health_url set to ozaukeecounty.gov. Wisconsin DATCP's June 2025 Legislative Council issue brief (ib_wis_cottage_food_law_ag_2025_06_18) confirms current state of law: Kivirist exception applies only to baked goods, not unbaked goods. Ozaukee County is a wealthy Milwaukee North Shore suburb; active farmers markets in Port Washington area. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.

Free downloads

Ozaukee County cottage food reports

Cover of Ozaukee County county cottage food report
Ozaukee County county report

Zoning, permits, health department rules, and local sources for Ozaukee County.

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Cover of Wisconsin cottage food law PDF report
Wisconsin state report

Full statute, all counties in Wisconsin, and official source links.

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State law applies

Tier: 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 →
County registration

Health department

Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.

Local zoning

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.

County rules

Home kitchen, inspection, and zoning rules for Ozaukee County

State baseline: Wis. Stat. §97.29

Home kitchen
Home kitchen allowed
Yes
Restrictions
Wisconsin cottage food landscape defined by statute and case law: (1) Pickle Bill (§97.29(2)(b)2): home-canned pickles and acidified vegetables/fruits (pH 4.6 or lower) at community events or farmers markets, capped at $5,000/year. (2) Kivirist court order (2017): home bakers of good character may sell non-potentially hazardous, shelf-stable baked goods directly to consumers without a license. (3) 2024 Court of Appeals (Wisconsin Cottage Food Association v. DATCP, 2024 WI App 69): Kivirist exception applies ONLY to baked goods, not unbaked goods (chocolates, fudge, candies). No DATCP license required for qualifying baked goods.
Separate dedicated kitchen
No
Pet restrictions
No specific restriction for home bakers under Kivirist; kitchen hygiene relevant to 'good character' standard.
Water supply
No specific requirement.
Handwashing
No specific statutory requirement; kitchen hygiene relevant.
Food storage
Shelf-stable, non-potentially hazardous baked goods only under Kivirist. Pickles under $5,000 cap.
Inspection & permitting
Inspection required
No
Inspection trigger
No routine inspection for Kivirist-exempt home bakers or home-canned pickles.
Home occupation permit
Varies
Permit details
Ozaukee County (Port Washington, Milwaukee North Shore suburb) may have local home occupation zoning requirements. No Ozaukee County-specific cottage food permit identified. Operators should check with Ozaukee County Planning or local municipality.
Local business license
Varies
Customer-facing
On-site customer pickup
Yes
On-site signage
Conditional
Delivery / pickup
Direct-to-consumer sales only for Kivirist-exempt bakers. Pickle/acidified goods sold at community events or farmers markets only (under §97.29(2)(b)2). No wholesale.
Max employees in home
No limit specified; only home baker under Kivirist standard.
Zoning code
Relevant code section
No Ozaukee County-specific cottage food code identified; Wis. Stat. §97.29 and Kivirist case law govern.
Local notes

Corrected: county_health_url set to ozaukeecounty.gov. Wisconsin DATCP's June 2025 Legislative Council issue brief (ib_wis_cottage_food_law_ag_2025_06_18) confirms current state of law: Kivirist exception applies only to baked goods, not unbaked goods. Ozaukee County is a wealthy Milwaukee North Shore suburb; active farmers markets in Port Washington area.

Wisconsin statute (state law)

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

Citation: Wis. Stat. §97.29
Verbatim 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.).]

Source: docs.legis.wisconsin.gov/document/statutes/97.29
Full Wisconsin state report (with PDF download) →
Common questions

Ozaukee County cottage food — FAQ

Do I need a permit to sell cottage food in Ozaukee County, Wisconsin?

Home occupation permit: Varies. Ozaukee County (Port Washington, Milwaukee North Shore suburb) may have local home occupation zoning requirements. No Ozaukee County-specific cottage food permit identified. Operators should check with Ozaukee County Planning or local municipality. 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 Ozaukee County?

Inspection: No. Trigger: No routine inspection for Kivirist-exempt home bakers or home-canned pickles.. 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 Ozaukee 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 Ozaukee County?

Home occupation permit: Varies. Ozaukee County (Port Washington, Milwaukee North Shore suburb) may have local home occupation zoning requirements. No Ozaukee County-specific cottage food permit identified. Operators should check with Ozaukee County Planning or local municipality.

Quick comparison

Ozaukee County vs. bordering counties

RegulationOzaukee County
This county
Sheboygan CountyWashington County
Home kitchen allowedYesYesYes
Separate dedicated kitchenNoNoNo
Pets allowedNo specific restriction for home bakers under Kivirist; kitchen hygiene relevant to 'good character' standard.No specific state restriction; standard food safety practices apply.Not prohibited by state statute; kitchen must maintain sanitary conditions.
Inspection requiredNoNoNo
On-site customer pickupYesYesYes
On-site signageConditionalConditionalConditional
Delivery / pickupDirect-to-consumer sales only for Kivirist-exempt bakers. Pickle/acidified goods sold at community events or farmers markets only (under §9…Wisconsin: direct sales only. Pickle Bill: community events and farmers markets only. Kivirist: direct consumer sales at low volume. No who…Direct sales at community events and farmers markets for home-canned goods (up to $5,000/year). Baked goods: direct-to-consumer at low volu…
Home occupation permitVariesVariesVaries
Local business licenseVariesVariesVaries
RestrictionsWisconsin cottage food landscape defined by statute and case law: (1) Pickle Bill (§97.29(2)(b)2): home-canned pickles and acidified vegeta…Wisconsin: (1) Pickle Bill (§97.29) allows home-canned acidified foods with pH ≤4.6 up to $5,000/year at community events or farmers market…Under Wis. Stat. §97.29(2)(b)2, home-canned pickles and acidified vegetables/fruits (pH 4.6 or lower) may be sold at community events or fa…
Food storageShelf-stable, non-potentially hazardous baked goods only under Kivirist. Pickles under $5,000 cap.Shelf-stable non-TCS baked goods and home-canned acidified foods (pH ≤4.6). Unbaked goods (chocolates, fudge, candy) require food processin…Home-canned: pH 4.6 or lower. Baked goods: shelf-stable, nonhazardous. Stored in food-safe containers.
Population91,745117,741136,842
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