Wisconsin Cottage Food Law 2026
Last reviewed:
No License Needed
Limit: Unlimited (baked goods); $5,000/yr (high-acid canned under Pickle Bill) / Year
⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Shelf-stable baked goods (cookies, breads, muffins, cakes with buttercream/fondant)
- ✓High-acid canned goods (pH ≤ 4.6: pickles, salsas, jams, jellies) — Pickle Bill only, farmers markets/events only
- ✓Honey (separate statute)
- ✓Maple syrup (separate statute)
Prohibited
- ✕Chocolates, candies, fudges, confections (re-banned by Nov 2024 Court of Appeals; WI Supreme Court denied review 2025)
- ✕Roasted coffee beans, dried mixes, dehydrated foods (re-banned 2024)
- ✕Meat
- ✕Dairy
- ✕Eggs
- ✕Low-acid canned foods
- ✕Custard, cream, and cheesecake fillings
- ✕Unbaked doughs
Labeling Protocols
01Producer name and address
02Ingredients in descending order by weight
03Allergen declaration
04Net weight
05Date (canning date required for Pickle Bill items)
06Disclaimer: 'This product was made in a private home not subject to state licensing or inspection.'
FAQs
Do I need a license to sell home-baked goods in Wisconsin?
No. Under a 2017 Lafayette County Circuit Court ruling (Kivirist v. DATCP — the 'Cookie Bill' injunction), DATCP cannot require a license for direct-to-consumer sales of shelf-stable, non-potentially-hazardous baked goods. This is a court order, not a statute — the legislature has not codified it. A 2026 reform bill (with a $40k cap and registration) is pending in committee.
Can I ship or sell my baked goods online?
Yes, but only to addresses within Wisconsin. In-state mail order is allowed if the transaction is direct from you to the consumer. Out-of-state shipping and wholesale to retailers/cafes are not permitted.
Can I sell homemade chocolates, candies, or fudge?
No. The Wisconsin Court of Appeals reversed the 2022 ruling that briefly allowed non-baked shelf-stable foods (Cottage Foods II case). As of November 2024 — and after the WI Supreme Court denied review in 2025 — candies, chocolates, fudges, dried mixes, and roasted coffee require a commercial license.
Can I sell home-canned pickles or jams?
Yes, under Wisconsin's Pickle Bill (Wis. Stat. § 97.29(2)(b), 2009 Act 101), but only high-acid items (pH ≤ 4.6), capped at $5,000/year per household, and only at farmers markets or community events.
Is there a sales cap?
No cap on baked goods under the Cookie Bill. Pickle Bill canned goods are capped at $5,000/year per household.
What disclaimer goes on my label?
Producer name/address, ingredient list (descending by weight), allergens, net weight, and this exact disclaimer: 'This product was made in a private home not subject to state licensing or inspection.'
What Comes Next
After You Verify Compliance: Your Next 4 Steps
Some links below are affiliate links — we earn a small commission at no cost to you. We only recommend services we'd suggest to a friend. Full disclosure.
- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for Wisconsin.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Recommended in Wisconsin
Complete Food Safety Training
Wisconsin does not mandate food safety training, but completing one builds buyer trust and protects you if a labeling or handling question ever arises. Learn2Serve's online course takes a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the Wisconsin-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$0
No fee. No registration required. Two separate carve-outs apply: the Cookie Bill (2017 court injunction) for shelf-stable baked goods, and the Pickle Bill (2009 Wis. Act 101) for high-acid canned goods.
Renewal
N/A
Shipping