Cottage food laws in Sauk County, WI
Sauk County is a county in Wisconsin (pop. 65,664). 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 Sauk County health and planning requirements. Local notes for Sauk County: home kitchen restricted; inspection not required; home occupation permit not required. Sauk County (home of Baraboo, Wisconsin Dells area) follows same statewide Wisconsin framework as other WI counties. Kivirist exception applies to non-PHF baked goods sold direct to consumer. No Sauk County-specific cottage food restrictions identified. County is home to tourism industry; local zoning contact recommended. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Sauk County cottage food reports
Zoning, permits, health department rules, and local sources for Sauk 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 Sauk County
State baseline: Wis. Stat. §97.29 (Kivirist court order 2017; 2024 Court of Appeals ruling)
- Home kitchen allowed
- Conditional
- Restrictions
- Home bakers of non-potentially hazardous baked goods may sell directly to consumers without a license (Kivirist exception). Non-baked non-PHF goods (chocolates, fudge, candy) require a license per 2024 ruling. Home-canned pickles/acidified goods allowed up to $5,000/year at community events or farmers markets.
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific state prohibition; best practice is to exclude pets during production
- Water supply
- Potable water required
- Handwashing
- Standard handwashing facilities required
- Food storage
- Proper storage required; shelf-stable non-PHF baked goods only for unlicensed operation
- Inspection required
- No
- Inspection trigger
- No routine inspection for exempt home bakers; DATCP may investigate complaints
- Home occupation permit
- Varies
- Permit details
- Sauk County has a Planning & Zoning department in Baraboo. Home occupation rules apply under county zoning ordinance. Contact Sauk County Planning & Zoning at (608) 355-3285 for permit requirements.
- Local business license
- Varies
- On-site customer pickup
- Conditional
- On-site signage
- Conditional
- Delivery / pickup
- Direct sales to consumers only for unlicensed operations. Farmers markets and direct delivery permitted.
- Max employees in home
- No non-resident employees for unlicensed home baker
- Relevant code section
- Sauk County Zoning Ordinance — contact Planning & Zoning
Sauk County (home of Baraboo, Wisconsin Dells area) follows same statewide Wisconsin framework as other WI counties. Kivirist exception applies to non-PHF baked goods sold direct to consumer. No Sauk County-specific cottage food restrictions identified. County is home to tourism industry; local zoning contact recommended.
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 →
Sauk County cottage food — FAQ
Do I need a permit to sell cottage food in Sauk County, Wisconsin?
Home occupation permit: Varies. Sauk County has a Planning & Zoning department in Baraboo. Home occupation rules apply under county zoning ordinance. Contact Sauk County Planning & Zoning at (608) 355-3285 for permit 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 Sauk County?
Inspection: No. Trigger: No routine inspection for exempt home bakers; DATCP may investigate complaints. 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 Sauk 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 Sauk County?
Home occupation permit: Varies. Sauk County has a Planning & Zoning department in Baraboo. Home occupation rules apply under county zoning ordinance. Contact Sauk County Planning & Zoning at (608) 355-3285 for permit requirements.
Where to verify Sauk County rules
Sauk County vs. bordering counties
| Regulation | Sauk County This county | Columbia County | Dane County |
|---|---|---|---|
| Home kitchen allowed | Conditional | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific state prohibition; best practice is to exclude pets during production | No specific pet restriction in Wisconsin cottage food case law or statute. | No specific state cottage food pet restriction |
| Inspection required | No | No | No |
| On-site customer pickup | Conditional | Conditional | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Direct sales to consumers only for unlicensed operations. Farmers markets and direct delivery permitted. | 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 within Wisconsin. Tiered sales cap: up to $7,500 no reporting; up to $21,000 direct/indirect with income reporting. No wholesa… |
| Home occupation permit | Varies | Varies | Conditional |
| Local business license | Varies | Varies | Varies |
| Restrictions | Home bakers of non-potentially hazardous baked goods may sell directly to consumers without a license (Kivirist exception). Non-baked non-P… | Wisconsin has an unusual cottage food framework shaped by case law. The Kivirist court order (2017) allows home bakers to sell nonhazardous… | Wisconsin is a Freedom-tier state but with unusual structure. Home-canned pickles and acidified goods are explicitly exempt under §97.29. B… |
| Food storage | Proper storage required; shelf-stable non-PHF baked goods only for unlicensed operation | Shelf-stable, nonhazardous products required. No TCS foods. | Standard home kitchen storage for approved products |
| Population | 65,664 | 58,272 | 559,891 |
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