Cottage Food Laws by State

Wisconsin Cottage Food Laws

Wisconsin has no true cottage food law. Selling homemade food generally needs a state license, with two narrow carve-outs: home-canned acidic produce, capped at under $5,000 a year, and shelf-stable baked goods that a court ruling shielded from licensing. A 2025 bill to create a broader registration system failed in March 2026.

Annual sales cap

$5,000 (home-canned goods only)

Permit

None

Training

Not required

Home inspection

No

Verified against official sources on 2026-10-21.

Where You Can Sell in Wisconsin

Home-canned goods may be sold only at farmers markets and community or social events in Wisconsin, with a sign and labeled jars. DATCP bars selling them from your home, online, wholesale, on consignment, or out of state. The court-based baked goods exception covers direct sales to consumers at low volume; its details are less formal.

Channel Status
From home Conditions apply

DATCP says home-canned goods may not be sold from your home.

Farmers markets Conditions apply

For home-canned goods, sales are allowed only at community or social events, flea markets, or farmers markets in Wisconsin.

Events & festivals Allowed
Online orders Conditions apply

DATCP says home-canned goods may not be sold over the internet.

Wholesale Conditions apply

DATCP says home-canned goods may not be sold wholesale, on consignment, or for resale by someone else.

What You Can Sell in Wisconsin

Canned items must have a pH of 4.6 or lower, which covers pickles, salsas, sauerkraut, jams, and many fruits. Fish, meat, pickled eggs, lemon curd, pesto, and dressings need a license. Baked goods must be shelf-stable and non-hazardous, and a 2024 appeals decision confirmed that unbaked treats like candy and fudge can still require licensing.

Only two narrow home-sale paths exist: acidic home-canned produce (pH 4.6 or lower, under $5,000 a year) and shelf-stable non-hazardous baked goods under the Kivirist court exception; other foods need a DATCP license.

Bread

Shelf-stable, non-hazardous baked goods from a home kitchen (court-based exception, baked goods only)

Preserves

Pickles and other processed fruits and vegetables with equilibrium pH 4.6 or lower Salsas, chutneys, sauerkraut, kimchi Fruit jams and jellies Canned fruits such as cherries, peaches, applesauce

Allowed with conditions

  • Home-canned goods — Must be canned at home in Wisconsin, pH 4.6 or lower, sold for under $5,000 per year at a farmers market or community or social event, with the required sign and label.
  • Baked goods — Exception applies to shelf-stable, non-hazardous baked goods sold directly to consumers at low volume by bakers whose kitchen hygiene is not in question.

Not allowed

Unbaked homemade foods such as candy, fudge, and chocolates (licensing enforceable per 2024 WI App 69) Home-canned produce with pH above 4.6 Fish, meat, pickled eggs, lemon curd, pesto, or dressings in the canned-goods exemption

Limits and Requirements

Annual sales cap

$5,000 (home-canned goods only)

  • Home-canned goods are capped at less than $5,000 per year in sales
  • Home-canned goods may be sold only at farmers markets and community or social events in Wisconsin
  • No selling home-canned goods from home, online, wholesale, on consignment, or out of state
  • Exempt canned goods may not be sold alongside licensed foods
  • The baked-goods exception does not extend to unbaked foods such as candy and fudge
  • Other foods require a DATCP food processing plant or retail food establishment license

How to Start Selling in Wisconsin

  1. 1

    Decide which exemption fits

    Home-canned acidic produce falls under s. 97.29(2)(b)2; shelf-stable baked goods rest on the Kivirist court exception. Anything else needs a license.

  2. 2

    Test the pH of canned products

    Products must have an equilibrium pH of 4.6 or lower; DATCP recommends testing the finished product.

  3. 3

    Make the sign and labels

    Prepare the point-of-sale sign and a label for every canned container with the wording required by statute.

  4. 4

    Keep batch records

    DATCP suggests recording recipe, ingredients, amount canned and sold, canning date, sale dates and places, gross receipts, and pH results.

  5. 5

    Ask DATCP if unsure

    Contact DATCP Licensing at datcpdfslicensing@wi.gov or (608) 224-4923 before selling anything outside the two exemptions.

What a Compliant Wisconsin Label Looks Like

Quickly Cottage builds your ingredient list, detects allergens, and adds the required disclosure automatically.

Product

Chocolate Cake Pops

Ingredients

Devil's Food Cake Mix Betty Crocker
Dark Chocolate Melting Wafers Ghirardelli
Rainbow Jimmies Sprinkles Wilton
Red Food Color McCormick

Chocolate Cake Pops

Produced: October 24, 2026

Sunflower Home Bakery

412 Maple Ave, Springfield, WI

Ingredients:

Enriched Bleached Flour (Wheat Flour, Niacin, Iron, Thiamin Mononitrate, Riboflavin, Folic Acid), Sugar, Cocoa (Processed with Alkali), Leavening (Baking Soda, Sodium Aluminum Phosphate, Monocalcium Phosphate), Corn Starch, Salt, Soybean Oil; Sugar, Unsweetened Chocolate, Cocoa Butter, Milkfat, Soy Lecithin, Vanilla; Sugar, Corn Starch, Vegetable Oil (Palm), Confectioner's Glaze, Carnauba Wax, FD&C Colors; Water, Propylene Glycol, FD&C Red 40.

Contains:

Wheat Milk Soy

This product was made in a private home not subject to state licensing or inspection.

Label Requirements

Every cottage food product sold in Wisconsin must have a label that includes the following.

Required field
All 9 FDA major allergens present
Complete ingredient list, in descending order by weight
Business name
Business address
Product name
Date of production
"Not inspected" disclosure statement

Wisconsin Labeling Notes

  • Applies to home-canned goods under s. 97.29(2)(b)2; list milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans by their common names.
  • A sign at the place of sale must read: These canned goods are homemade and not subject to state inspection.

Required Label Disclosure

This exact text must appear on every label you sell in Wisconsin.

This product was made in a private home not subject to state licensing or inspection.

Quickly Cottage adds this to your label automatically.

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Wisconsin Cottage Food — Common Questions

No license is required for home-canned acidic produce sold within the Pickle Bill limits, and licensing is not enforced against qualifying home bakers under a court ruling; everything else needs a DATCP license.

The limit is $5,000 (home-canned goods only) in gross sales.

The statute and DATCP page set no training or registration requirement for the canned-goods exemption.

Not allowed: Unbaked homemade foods such as candy, fudge, and chocolates (licensing enforceable per 2024 WI App 69); Home-canned produce with pH above 4.6; Fish, meat, pickled eggs, lemon curd, pesto, or dressings in the canned-goods exemption.

Resources and Law History

Who to contact

Wisconsin DATCP, Division of Food and Recreational Safety, Licensing

608-224-4923

Agency website
  1. 2017

    Lafayette County circuit court (Kivirist v. DATCP) barred licensing of shelf-stable non-hazardous home-baked goods sold directly to consumers; DATCP did not appeal.

  2. 2024

    Court of Appeals (2024 WI App 69) held licensing may still be enforced for unbaked homemade foods; Supreme Court denied review.

  3. 2026

    AB 748 and SB 739, which would have created a registration-based home producer exemption, failed to pass on March 23, 2026.

Law reference: Wisconsin Cottage Food Law (Wisconsin Statutes section 97.29 (Food processing plants)) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.

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