Cottage food laws in St. Croix County, WI
St. Croix County is a county in Wisconsin (pop. 93,752). 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 St. Croix County health and planning requirements. Local notes for St. Croix County: home kitchen allowed; inspection not required; home occupation permit not required. Wisconsin's cottage food landscape is unusually complex: shaped by case law rather than clear statute. The 2024 Court of Appeals decision (Wisconsin Cottage Food Association v. DATCP, 2024 WI App 69) confirmed Kivirist exception applies only to baked goods, not unbaked goods. Wisconsin Supreme Court denied review April 10, 2024. St. Croix County is a rapidly growing Twin Cities suburb. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
St. Croix County cottage food reports
Zoning, permits, health department rules, and local sources for St. Croix County.
Download county PDFFull 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 St. Croix County
State baseline: Wis. Stat. §97.29
- Home kitchen allowed
- Yes
- Restrictions
- Wisconsin cottage food landscape is defined by statute and case law: (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): home bakers of good character may sell non-potentially hazardous, shelf-stable baked goods directly to consumers at low volume without a license. (3) 2024 Court of Appeals reversed extension of Kivirist to unbaked goods (chocolates, fudge, candies); only baked goods exempt. No DATCP license required for baked goods meeting Kivirist standards.
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific restriction for home bakers under Kivirist; kitchen hygiene is a factor in the 'good character' assessment.
- Water supply
- No specific requirement for cottage food under Wisconsin law.
- Handwashing
- No specific statutory requirement; kitchen hygiene relevant to Kivirist 'good character' standard.
- Food storage
- Shelf-stable, non-potentially hazardous baked goods only under Kivirist exception. Home-canned pickles under $5,000 cap. TCS foods require DATCP license.
- Inspection required
- No
- Inspection trigger
- No routine inspection for Kivirist-exempt home bakers or home-canned pickles under §97.29.
- Home occupation permit
- Varies
- Permit details
- St. Croix County (Hudson, in Twin Cities metro area) may have local home occupation zoning requirements. No St. Croix County-specific cottage food permit identified. Operators should check with St. Croix County Planning (715-386-4675) for home-based business rules.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct-to-consumer sales only for Kivirist-exempt bakers. Home-canned pickles must be sold at community events or farmers markets (§97.29(2)(b)2). No wholesale for either category.
- Max employees in home
- No limit specified; only home baker/household under Kivirist standard.
- Relevant code section
- No St. Croix County-specific cottage food code identified; Wis. Stat. §97.29 and Kivirist case law govern.
Wisconsin's cottage food landscape is unusually complex: shaped by case law rather than clear statute. The 2024 Court of Appeals decision (Wisconsin Cottage Food Association v. DATCP, 2024 WI App 69) confirmed Kivirist exception applies only to baked goods, not unbaked goods. Wisconsin Supreme Court denied review April 10, 2024. St. Croix County is a rapidly growing Twin Cities suburb.
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 →
St. Croix County cottage food — FAQ
Do I need a permit to sell cottage food in St. Croix County, Wisconsin?
Home occupation permit: Varies. St. Croix County (Hudson, in Twin Cities metro area) may have local home occupation zoning requirements. No St. Croix County-specific cottage food permit identified. Operators should check with St. Croix County Planning (715-386-4675) for home-based business rules. 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 St. Croix County?
Inspection: No. Trigger: No routine inspection for Kivirist-exempt home bakers or home-canned pickles under §97.29.. 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 St. Croix 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 St. Croix County?
Home occupation permit: Varies. St. Croix County (Hudson, in Twin Cities metro area) may have local home occupation zoning requirements. No St. Croix County-specific cottage food permit identified. Operators should check with St. Croix County Planning (715-386-4675) for home-based business rules.
Where to verify St. Croix County rules
St. Croix County vs. bordering counties
| Regulation | St. Croix County This county | Barron County | Dunn County |
|---|---|---|---|
| Home kitchen allowed | Yes | Conditional | Conditional |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific restriction for home bakers under Kivirist; kitchen hygiene is a factor in the 'good character' assessment. | No specific state prohibition for cottage food bakers; standard food safety practices apply. | No specific state prohibition for cottage food bakers; standard food safety practices apply. |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Conditional | Conditional |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Direct-to-consumer sales only for Kivirist-exempt bakers. Home-canned pickles must be sold at community events or farmers markets (§97.29(2… | Direct-to-consumer only for Kivirist-covered baked goods. Pickle Bill allows farmers market and community event sales only (up to $5,000/ye… | Direct-to-consumer only for Kivirist-covered baked goods. Pickle Bill allows farmers market and community event sales only (up to $5,000/ye… |
| Home occupation permit | Varies | Varies | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | Wisconsin cottage food landscape is defined by statute and case law: (1) Statutory 'Pickle Bill' (§97.29(2)(b)2): home-canned pickles and a… | Wisconsin has a case-law-driven cottage food framework: (1) The statutory 'Pickle Bill' (§97.29(2)(b)2) allows home-canned pickles and acid… | Wisconsin has a case-law-driven cottage food framework: (1) The statutory 'Pickle Bill' (§97.29(2)(b)2) allows home-canned pickles and acid… |
| Food storage | Shelf-stable, non-potentially hazardous baked goods only under Kivirist exception. Home-canned pickles under $5,000 cap. TCS foods require … | Shelf-stable, non-potentially-hazardous baked goods only; proper storage required. | Shelf-stable, non-potentially-hazardous baked goods only; proper storage required. |
| Population | 93,752 | 45,244 | 45,368 |
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