Wisconsin has no single cottage food statute. Two separate paths cover home food sales:
- Home-baked goods: sold without a license because of court rulings, not legislation.
- The "Pickle Bill" (Wis. Stat. § 97.29): a narrow statutory exemption for home-canned acidic foods.
Both are overseen by the Department of Agriculture, Trade and Consumer Protection (DATCP).
Home-baked goods: the court decisions
In 2017, a Lafayette County judge ruled that Wisconsin's ban on selling home-baked goods without a license was unconstitutional. DATCP follows that ruling statewide. A later 2022 decision would have extended it to other shelf-stable foods, but it was reversed on appeal. So the license exemption covers baked goods only.
What counts: foods that are not potentially hazardous and are baked. That means cooked by dry oven heat, reaching more than 140°F inside. Dehydrated foods don't count, even though a dehydrator is "dry heat".
Selling: - Directly to consumers, no license needed - Wholesale requires a DATCP license - No sales cap - The Institute for Justice reports online and mail sales to Wisconsin buyers are allowed
DATCP notes that further litigation could change this. Check its home bakers page before you expand.
Labels for baked goods: Wisconsin doesn't specify a label for unlicensed home bakers. The Institute for Justice recommends: - Name and address - Product name - Date made - Ingredients and allergens - This statement: "This product was made in a private home not subject to state licensing or inspection."
It isn't mandatory, but it's good practice, and some markets will require it.
The Pickle Bill: home-canned goods
What's covered: home-canned acidic or acidified fruits and vegetables with an equilibrium pH of 4.6 or below. Examples are pickles, salsa that meets the pH rule, sauerkraut, jams, and jellies.
Not covered (these require a license): - Low-acid canned foods - Meat - Pickled eggs - Lemon curd - Pesto - Dressings
Sales cap: up to $5,000 in gross sales per person per year.
Venues: direct to consumers only at community or social events, flea markets, and farmers' markets in Wisconsin.
Not allowed: - Sales from your home - Wholesale or consignment - Internet or mail sales - Out-of-state sales
Sign at the point of sale: "These canned goods are homemade and not subject to state inspection."
Label on each jar: 1. Your name and address 2. The date the product was canned 3. "This product was made in a private home not subject to state licensing or inspection." 4. Ingredients, with the major allergens identified
Choosing the right path
| You make | Path | Cap | Online sales? |
|---|---|---|---|
| Breads, cookies, cakes | Home bakers (court ruling) | None | Reported yes (IJ) |
| Pickles, jams, salsa with pH ≤ 4.6 | Pickle Bill | $5,000 | No |
| Both | Follow each path's rules for each product | — | — |
Nutrition Facts
Neither path requires a Nutrition Facts panel. The federal rule still applies: a nutrient claim like "low sugar jam" or "high fiber bread" brings in federal rules. For a bread label, the simplified display often works when several nutrients round to zero.
Official sources
DATCP — Home Bakers and Home-Canned Foods (Pickle Bill).
Label formats for Wisconsin
Wisconsin cottage food questions
Do I need a license to sell baked goods from home in Wisconsin?
Not for non-potentially hazardous baked goods sold directly to consumers, under the court rulings DATCP follows. Wholesale requires a license.
What is Wisconsin's Pickle Bill limit?
$5,000 in gross sales per person per year, for home-canned foods with a pH of 4.6 or below.
Can I sell home-canned salsa online in Wisconsin?
No. Pickle Bill products can only be sold in person at community or social events, flea markets, and farmers' markets in Wisconsin.
What sign do I need for Pickle Bill sales?
"These canned goods are homemade and not subject to state inspection."