Cottage food laws in Racine County, WI
Racine County is a county in Wisconsin (pop. 197,068). 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 Racine County health and planning requirements. Local notes for Racine County: home kitchen allowed; inspection not required; home occupation permit not required. Wisconsin state baseline applied. Racine County (county seat: Racine) is in southeast Wisconsin on Lake Michigan. Wisconsin's cottage food framework is unusual — shaped by case law rather than comprehensive statute. The 2024 Court of Appeals ruling (2024 WI App 69) clarified that unbaked goods (chocolates, candies) are not covered by the Kivirist exception. Wisconsin Supreme Court denied review. Wisconsin Legislative Council issued issue brief June 2025. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Racine County cottage food reports
Zoning, permits, health department rules, and local sources for Racine 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 Racine County
State baseline: Wis. Stat. §97.29
- Home kitchen allowed
- Yes
- Restrictions
- Wisconsin cottage food framework: (1) Statutory 'Pickle Bill' (§97.29(2)(b)2): 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) Kivirist court order (2017): DATCP enjoined from requiring licenses for home bakers of good character selling shelf-stable nonhazardous baked goods direct to consumer at low volume (no dollar cap stated). (3) Note: unbaked goods (chocolates, fudge, candies, rice crispy treats) are NOT covered by the Kivirist exception per 2024 Wisconsin Court of Appeals ruling (2024 WI App 69). Racine County is in southeast Wisconsin near Milwaukee.
- Separate dedicated kitchen
- No
- Pet restrictions
- No explicit state-level pet restriction in Wisconsin cottage food framework.
- Water supply
- No specific water testing requirement for Wisconsin cottage food operations.
- Handwashing
- Standard food safety practices; no specific statutory requirement for cottage food.
- Food storage
- Shelf-stable, non-TCS foods only under the Kivirist/Pickle Bill framework. Standard GMP storage.
- Inspection required
- No
- Inspection trigger
- Wisconsin DATCP may not enforce licensing against qualifying home bakers (Kivirist order). No routine inspection. Operations above Pickle Bill cap or involving unbaked goods may require a food processing plant license.
- Home occupation permit
- Conditional
- Permit details
- Racine County (unincorporated areas) and City of Racine may have home occupation zoning requirements for home-based businesses. Contact Racine County Planning & Development or City of Racine Planning Department. Wisconsin state law does not have a broad statewide preemption of local home occupation zoning.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Kivirist path: direct-to-consumer sales only; no specific channel restrictions stated. Pickle Bill path: only at community events or farmers markets (not from home). Home pickup generally allowed for Kivirist path.
- Max employees in home
- No explicit employee cap in Wisconsin cottage food framework. Home occupation zoning may restrict non-resident employees.
- Relevant code section
- Wis. Stat. §97.29; Kivirist v. DATCP (2017 Lafayette County circuit court order); Racine County zoning ordinances
Wisconsin state baseline applied. Racine County (county seat: Racine) is in southeast Wisconsin on Lake Michigan. Wisconsin's cottage food framework is unusual — shaped by case law rather than comprehensive statute. The 2024 Court of Appeals ruling (2024 WI App 69) clarified that unbaked goods (chocolates, candies) are not covered by the Kivirist exception. Wisconsin Supreme Court denied review. Wisconsin Legislative Council issued issue brief 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 →
Racine County cottage food — FAQ
Do I need a permit to sell cottage food in Racine County, Wisconsin?
Home occupation permit: Conditional. Racine County (unincorporated areas) and City of Racine may have home occupation zoning requirements for home-based businesses. Contact Racine County Planning & Development or City of Racine Planning Department. Wisconsin state law does not have a broad statewide preemption of local home occupation 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 Racine County?
Inspection: No. Trigger: Wisconsin DATCP may not enforce licensing against qualifying home bakers (Kivirist order). No routine inspection. Operations above Pickle Bill cap or involving unbaked goods may require a food processing plant license.. 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 Racine 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 Racine County?
Home occupation permit: Conditional. Racine County (unincorporated areas) and City of Racine may have home occupation zoning requirements for home-based businesses. Contact Racine County Planning & Development or City of Racine Planning Department. Wisconsin state law does not have a broad statewide preemption of local home occupation zoning.
Where to verify Racine County rules
Racine County vs. bordering counties
| Regulation | Racine County This county | Kenosha County | Waukesha County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Conditional |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No explicit state-level pet restriction in Wisconsin cottage food framework. | No explicit state restriction; good manufacturing practices apply. | No specific state restriction for cottage baked goods; standard food safety applies. |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Kivirist path: direct-to-consumer sales only; no specific channel restrictions stated. Pickle Bill path: only at community events or farmer… | Direct sales from home, farmers markets, and community events. | Baked goods (non-PHF): direct to consumer only under Kivirist exception. Pickles/acidified: farmers markets and community events only, up t… |
| Home occupation permit | Conditional | Conditional | Conditional |
| Local business license | Varies | Varies | Varies |
| Restrictions | Wisconsin cottage food framework: (1) Statutory 'Pickle Bill' (§97.29(2)(b)2): home-canned pickles and acidified vegetables/fruits (pH 4.6 … | Two pathways: (1) Kivirist court order allows home bakers of nonhazardous BAKED goods only (no unbaked items — chocolates, fudge, candy exc… | Wisconsin cottage food is governed by case law as much as statute. Under the 2017 Kivirist v. DATCP court order (Lafayette County Circuit C… |
| Food storage | Shelf-stable, non-TCS foods only under the Kivirist/Pickle Bill framework. Standard GMP storage. | Shelf-stable storage for baked goods and home-canned items. | Baked goods: non-potentially-hazardous finished products. Pickles/acidified: pH 4.6 or lower. |
| Population | 197,068 | 168,693 | 407,290 |
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