Wisconsin Cottage Food Law
A complete guide to cottage food regulations in Wisconsin (WI) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Not required
Where You Can Sell
- community or social events
- flea markets
- farmers' markets
- direct to consumer
Allowed Products
- non-potentially hazardous foods
Prohibited Products
- unbaked homemade goods sold for profit (e.g., chocolates, fudges, rice cereal treats, candies)
- processed fruits or vegetables with pH higher than 4.6
- fish
- meat
- Other items, including but not limited to:
- pickled eggs
- lemon curd
- pesto
- dressings
- potentially hazardous baked goods
- wholesale baked goods (not direct-to-consumer)
Labeling Requirements
The following information must appear on every cottage food product label sold in Wisconsin:
Required Disclaimer
This product was made in a private home not subject to state licensing or inspection.
Additional Notes
Wisconsin's cottage food framework has two separate pathways: (1) 'Cookie Bill' (court-order based): Under Kivirist v. DATCP (Lafayette County Case No. 2016CV06), licensing requirements are enjoined for home bakers producing non-potentially-hazardous baked goods sold directly to consumers. This exemption is court-order-based, not statutory, and applies only to baked goods (exposed to dry heat above 140°F in a closed chamber). No revenue cap, no labeling requirements, and no registration are explicitly stated for this pathway. (2) 'Pickle Bill' (Wis. Act 101 of 2010): Allows sale of home-canned fruits and vegetables with pH ≤ 4.6 without a license. Per-product annual sales cap of $5,000 per person (not a total business cap — thus annualRevenueLimitCents is null). Sales permitted only at community/social events, flea markets, and farmers' markets in Wisconsin. Sales from home, wholesale, consignment, internet, or out-of-state are prohibited. Pickle Bill also requires a point-of-sale sign stating: 'These canned goods are homemade and not subject to state inspection.' Labeling fields above reflect Pickle Bill explicit requirements. A required label date of canning is also mandated for Pickle Bill products. Unbaked non-potentially-hazardous goods (chocolates, fudges, candies, etc.) are NOT exempt: the Wisconsin Court of Appeals reversed the lower court's Dec. 28, 2022 order extending the exemption to unbaked goods (decision issued Nov. 19, 2024), and the Wisconsin Supreme Court denied review. The Legislative Council Issue Brief (June 2025) confirms this is the current state of the law as of that date.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in Wisconsin?
- Wisconsin does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in Wisconsin?
- No. Wisconsin does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in Wisconsin?
- No. Wisconsin does not require a business license to operate a cottage food business.
- Does Wisconsin require cottage food producers to register with the state?
- No. Wisconsin does not require cottage food producers to register with a state agency.
- Where can I legally sell cottage food products in Wisconsin?
- In Wisconsin, cottage food products may be sold at: community or social events, flea markets, farmers' markets, direct to consumer.
- What allergen labeling standard applies to cottage food in Wisconsin?
- Wisconsin follows the FDA Big Nine allergen standard for cottage food labeling.
- What products are allowed under Wisconsin cottage food law?
- The following product categories are permitted for cottage food production in Wisconsin: non-potentially hazardous foods.
- What products are prohibited under Wisconsin cottage food law?
- The following products may not be sold under Wisconsin's cottage food exemption: unbaked homemade goods sold for profit (e.g., chocolates, fudges, rice cereal treats, candies), processed fruits or vegetables with pH higher than 4.6, fish, meat, Other items, including but not limited to:, pickled eggs, lemon curd, pesto, dressings, potentially hazardous baked goods, wholesale baked goods (not direct-to-consumer).