Current Law Details
MOST RESTRICTIVE STATE for non-baked foods. No cottage food statute exists - operates through court rulings and retail food establishment laws (ATCP 75). Only allows baked goods (unlimited sales) through 2017/2021 court rulings (Ella's Edibles v. DATCP), not legislation. High-acid canned goods allowed up to $5,000/year via 2009 'Pickle Bill.' April 2025 Supreme Court denial upheld ban on non-baked shelf-stable foods (chocolate, fudge, candy, roasted coffee, etc.) - Court of Appeals ruling November 2024. Online sales within Wisconsin only. Penalties for violations: up to $1,000 fines and/or six months in jail.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"This product was made in a home kitchen not subject to state licensing or inspection. (For canned goods: These canned goods are homemade and not subject to state inspection.)"
Additional Label Elements
- ✓BAKED GOODS: Product name, producer information (recommended)
- ✓CANNED GOODS: Name and address of person who prepared and canned the product
- ✓CANNED GOODS: Date canned
- ✓CANNED GOODS: Statement - 'This product was made in a private home not subject to state licensing or inspection.'
- ✓CANNED GOODS: List of ingredients in descending order of prominence
Allowed Sales Venues
Direct-to-consumer sales only. BAKED GOODS: Home, farmers markets, roadside stands, events, online (mail order within WI). CANNED GOODS: Farmers markets, community/social events only (NOT retail outlets). Prohibited for both: retail stores (grocery stores, coffee shops), restaurants, wholesale, interstate sales. All transactions must be direct producer-to-consumer within Wisconsin only.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Not Allowed
BAKED GOODS: Mail order permitted within Wisconsin state boundaries only. CANNED GOODS: No mail order - sales at farmers markets and community events only. Gray area exists regarding interstate sales under commerce clause but untested and risky. No out-of-state shipping for any cottage food products.
Allowed Foods
ALLOWED BAKED GOODS (No sales cap): Cookies, muffins, cakes, breads, crackers, pasta, pies, any food product where flour or meal is principal ingredient, certain frostings (with non-TCS recipe documentation). Must be 'not potentially hazardous' (water activity ≤0.85 OR pH ≤4.6), shelf-stable, baked in oven. ALLOWED CANNED GOODS ($5,000 cap): Pickles, jams, jellies, pickled vegetables, fruit preserves, high-acid sauces, any canned good with pH ≤4.6. BANNED (2024-2025 court decisions): Fudge, chocolates, candy, energy bars, granola bars, roasted coffee beans, dried herbs/spices, dried soup mixes, Rice Krispies Treats, any shelf-stable food not baked in oven or covered by Pickle Bill. To sell banned items: must obtain retail food establishment license and use commercial-grade kitchen. PROHIBITED: Foods with cream filling, custards, foods containing meat, potentially hazardous frostings without documentation.
Recent Legislative Updates
Court Ruling - Ella's Edibles v. DATCP
Effective: October 2, 2017
Lafayette County Circuit Court Judge Duane Jorgenson declared ban on selling home-baked goods unconstitutional. Found no scientific evidence that selling baked goods posed public health risk. Ruled law merely protected commercial entities from competition. Established baked goods exemption.
Court Clarification - Ella's Edibles
Effective: May 2021
Judge Jorgenson confirmed ruling applies to ALL shelf-stable baked goods (not just flour-based), anything 'baked in the oven and is non-hazardous.'
Court of Appeals Decision - Wisconsin Cottage Food Assoc. v. DATCP
Effective: November 19, 2024
Court of Appeals (2024 WI App 69, Nov 19, 2024) upheld ban on non-baked homemade food sales. Reversed 2022 circuit court victory that found retail food establishment laws unconstitutional as applied to unbaked, not potentially hazardous foods. Concluded laws do NOT violate equal protection or due process.
Supreme Court Denial
Effective: April 10, 2025
Wisconsin Supreme Court denied petition for review (April 10, 2025). Ban on non-baked shelf-stable cottage foods remains in place permanently absent future legislation. Home sellers can make chocolate chip cookies but NOT chocolate bars.
Important Warnings & Notes
- ⚠️ONE OF THE MOST RESTRICTIVE STATES nationally for cottage food
- ⚠️NO cottage food statute - relies on court-carved exemptions and retail food laws
- ⚠️Non-baked shelf-stable foods BANNED (chocolate, candy, fudge, granola, coffee, etc.)
- ⚠️Can make chocolate chip cookies but NOT chocolate bars
- ⚠️Canned goods limited to $5,000/year and farmers markets/community events only
- ⚠️Penalties for violations: up to $1,000 fines and/or six months in jail
- ⚠️Commercial kitchen required for any non-baked or non-canned cottage foods
- ⚠️Direct-to-consumer only - no wholesale or retail sales
- ⚠️In-state sales only - no interstate shipping
- ⚠️Wisconsin Cottage Food Association continues advocacy for comprehensive statute
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-07):
- •Chapter ATCP 75 - Retail Food Establishments (Wisconsin Administrative Code)
- •2009 Wisconsin Act 101 ('Pickle Bill')
- •Lafayette County Circuit Court rulings (2017, 2021) - Ella's Edibles v. DATCP
- •Wisconsin Court of Appeals Decision (2024 WI App 69)
- •Wisconsin Supreme Court denial (April 10, 2025)
- •Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)
- •Institute for Justice - Wisconsin cases
- •Wisconsin Cottage Food Association
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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