Wisconsin cottage food laws
Rules change, so always confirm with the official Wisconsin source.
The law: Wisconsin home-baked-goods licensing exemption under Kivirist v. DATCP (2017 court orders), not a general cottage-food statute.
What you can sell
Home-baked goods whose finished product does not need refrigeration for safety, such as qualifying breads, cookies and cakes. DATCP describes baking as dry heat above 140°F in an enclosed chamber and also recognizes some waffle-maker or Dutch-oven products.
What you can't sell
The exemption does not cover potentially hazardous baked goods, such as products needing refrigeration for safety, or nonbaked products such as dehydrator foods. Other foods need a license or a separate statutory exemption; the broader 2022 exemption was reversed on appeal in November 2024.
Do you need a license or permit?
Qualifying home bakers do not need the state food-business license covered by the court orders, so there is no corresponding license application or fee. Commercial-kitchen businesses and wholesalers must be licensed; confirm any local business or zoning requirements separately.
Sales limits
DATCP's home-baker guidance states no annual dollar cap for qualifying baked goods. Do not confuse this exemption with Wisconsin's separate, limited home-canning exemption.
Where you can sell
Sales must be directly from the home baker to the consumer; wholesale or resale requires licensing. DATCP's home-baker page does not expressly resolve online ordering, delivery or shipping, so confirm those arrangements with DATCP before using them, especially interstate shipping.
Label requirements
DATCP's general packaged-food guidance calls for the product name, ingredients in descending order by weight, net quantity, and manufacturer/packer/distributor name and full address; nutrition information is required unless exempt, and applicable allergen rules must be followed. The home-baker guidance supplies no mandatory home-kitchen disclaimer wording; confirm product-specific labeling and any exceptions with DATCP.
Good to know
October 2026 verification is incomplete: these are the official materials retrieved, not a guarantee that no later change applies. Additional official labeling guidance: https://datcp.wi.gov/Pages/Programs_Services/FoodLabelingGeneral.aspx; DATCP licensing questions: (608) 224-4923 or datcpdfslicensing@wisconsin.gov. Some details on this page could not be fully confirmed from official sources, so check with the state agency before you sell.
Pricing your products
Knowing your real cost per item matters as much as following the law.
Try Oven Elf free →Source: https://datcp.wi.gov/Pages/Licenses_Permits/HomeBakers.aspx
General summary, not legal advice.
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