Wisconsin: Unattended honesty stand?

Not addressed. Direct sales only. The law doesn't mention unattended stands.

Wisconsin: Sign up with the state?

No. Home bakers of shelf-stable goods need no license, under a court order. Other foods do.

Wisconsin: Food safety class?

Not addressed. No statewide program. The law doesn't mention a food safety class.

Wisconsin: Kitchen inspection?

Sometimes. A license requires an inspection. The baked goods court order exempts home kitchens.

Wisconsin: Yearly sales limit

No limit. No statewide cottage food cap. A $5,000 cap applies to the pickled produce exemption.

Wisconsin: Foods that need a fridge?

No. The court exception covers only baked goods that are not potentially hazardous.

Wisconsin: Take orders online?

Not addressed. Sales must be direct to the consumer. The law doesn't mention website orders.

Wisconsin: Ship or mail orders?

Not addressed. Sales must be direct to the consumer. The law doesn't mention shipping.

Wisconsin: Sell through shops?

No. Direct sales only. Wholesaling baked goods needs a license.

Cottage food law

Wisconsin cottage food law

Wisconsin has no statewide cottage food program. A food license is generally required, but court orders let home bakers sell shelf-stable baked goods directly to consumers.

Checked against the law October 20, 2026

The rules at a glance

No statewide cottage food program

Unattended honesty stand?
Not addressed
Direct sales only. The law doesn't mention unattended stands.
Sign up with the state?
No
Home bakers of shelf-stable goods need no license, under a court order. Other foods do.
Source
- Currently, a food processing license or retail food establishment license is generally required to produce and sell food products in this state, but there are exceptions to this requirement in statute and case lawWisconsin Legislative Council: Wisconsin Cottage Food Law issue brief (PDF)
- no person may operate a retail food establishment without a valid license issued by the department or an agent city or countyWisconsin Statutes 97.30: Retail food establishments
- certain court orders prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous to sell directly to consumersWisconsin DATCP: Homemade Baked Goods Informational Flyer (PDF)
Food safety class?
Not addressed
No statewide program. The law doesn't mention a food safety class.
Kitchen inspection?
Sometimes
A license requires an inspection. The baked goods court order exempts home kitchens.
Source
- may not issue a license for a new retail food establishment until it inspects the new retail food establishment for compliance with this section and rules promulgated under this sectionWisconsin Statutes 97.30: Retail food establishments
- certain court orders prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous to sell directly to consumersWisconsin DATCP: Homemade Baked Goods Informational Flyer (PDF)
Yearly sales limit
No limit
No statewide cottage food cap. A $5,000 cap applies to the pickled produce exemption.
Source
- The person receives less than $5,000 per year from the sale of the food productsWisconsin Statutes 97.29: Food processing plants
- Notably, total sales are capped at $5,000 per yearWisconsin Legislative Council: Wisconsin Cottage Food Law issue brief (PDF)
Foods that need a fridge?
No
The court exception covers only baked goods that are not potentially hazardous.
Source
- The court's order applies only to baked goods that are not potentially hazardousWisconsin DATCP: Homemade Baked Goods Informational Flyer (PDF)
- Any business producing potentially hazardous baked goods must be licensedWisconsin DATCP: Licenses and Homemade Baked Goods
Take orders online?
Not addressed
Sales must be direct to the consumer. The law doesn't mention website orders.
Ship or mail orders?
Not addressed
Sales must be direct to the consumer. The law doesn't mention shipping.
Sell through shops?
No
Direct sales only. Wholesaling baked goods needs a license.
Source
- The court order applies to a home baker that sells baked goods directly to consumersWisconsin DATCP: Homemade Baked Goods Informational Flyer (PDF)
- Businesses wholesaling baked goods must be licensedWisconsin DATCP: Homemade Baked Goods Informational Flyer (PDF)

What goes on the label

Required wording

This product was made in a private home not subject to state licensing or inspection

Only for the pickled produce exemption.

Source

Each container of food product that is sold is labeled with the name and address of the person who prepared and canned the food product, the date on which the food product was canned, the statement "This product was made in a private home not subject to state licensing or inspection.", and a list of ingredients in descending order of prominenceWisconsin Statutes 97.29: Food processing plants

The label also shows

Your name and address
The date it was canned
Ingredients, most prominent first
Common names of major allergens

Only for the pickled produce exemption.

Source

Each container of food product that is sold is labeled with the name and address of the person who prepared and canned the food product, the date on which the food product was canned, the statement "This product was made in a private home not subject to state licensing or inspection.", and a list of ingredients in descending order of prominenceWisconsin Statutes 97.29: Food processing plants
If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients shall include the common name of the ingredientWisconsin Statutes 97.29: Food processing plants

Before your first sale

This is general information, not legal advice. Check with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), or an agent city or county health department before you sell, and again if you add a new food or a new way of selling.

We check these sources every month and update this page when they change.

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