the wisconsin cottage food law, in plain english

what you can sell from your home kitchen in wisconsin, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.

by tommy + omarchecked october 14, 2026

wisconsin: no registration, no sales cap, sell online, unclear on shipping within the state. tap any state to see its rules.

on this page

1at a glance 2what you can sell 3how to start 4where you can sell 5labels 6what’s changed 7good to know 8questions 9sources

the short answer

yes, you can sell home-baked goods from your wisconsin kitchen, because of a 2017 court ruling, not a cottage food law. if the food is homemade, baked in an oven and doesn’t need refrigeration, you can sell it straight to consumers with no license, registration or sales cap. unbaked foods like candy, fudge and roasted coffee beans still need a license after a 2024 appeals court ruling. separately, you can sell home-canned pickles, jams and other acidic canned foods at farmers markets and community events if you make less than $5,000 a year.

wisconsin cottage food rules at a glance

wisconsin cottage food rules at a glance
the law	wisconsin home baking ruling (kivirist v. datcp) (no cottage food statute. home-baked goods: court order in kivirist v. datcp, lafayette county case no. 2016cv06. home-canned goods: wisconsin statutes § 97.29(2)(b)2)
who runs it	wisconsin department of agriculture, trade and consumer protection (datcp)
registration	no no state registration
kitchen inspection	no
training	no
yearly sales cap	no sales cap for baked goods; less than $5,000 a year for home-canned goods
selling from your home	yesbaked goods only; home-canned goods can’t be sold from home
selling at farmers markets and events	yeshome-canned goods only at farmers markets and community or social events
selling online orders	yesbaked goods only, and the sale must go straight from you to the consumer
selling delivering it yourself	uncleardatcp hasn’t addressed it; the court order covers direct sales from you to the consumer
selling shipping within the state	uncleardatcp hasn’t addressed it
selling shipping to other states	unclearnot addressed, and the other state’s rules also apply
selling to stores, cafes and restaurants	noyou need a license to sell to stores, cafes or restaurants

what can you sell from home in wisconsin?

you can sell

cookies, brownies and bars
breads and rolls
muffins and scones
cakes and cupcakes that don’t need refrigeration
fruit pies
baked goods made without flour, like meringues
home-canned pickles, jams and jellies, under $5,000 a year

you can’t sell

candy, fudge and chocolates
roasted coffee beans
dried soup mixes
cheesecake, cream pies and other baked goods that need refrigeration
home-canned low-acid foods, like green beans
pickled eggs, lemon curd and pesto

these are examples, not the full list. check the wisconsin department of agriculture, trade and consumer protection (datcp) before you sell something new.

how do you start a cottage food business in wisconsin?

no state registration. wisconsin doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
label everything the way the law asks (below).
start selling in the ways wisconsin allows, and keep track of your sales if there’s a cap.

where and how can you sell in wisconsin?

from your home	yesbaked goods only; home-canned goods can’t be sold from home
at farmers markets and events	yeshome-canned goods only at farmers markets and community or social events
online orders	yesbaked goods only, and the sale must go straight from you to the consumer
delivering it yourself	uncleardatcp hasn’t addressed it; the court order covers direct sales from you to the consumer
shipping within the state	uncleardatcp hasn’t addressed it
shipping to other states	unclearnot addressed, and the other state’s rules also apply
to stores, cafes and restaurants	noyou need a license to sell to stores, cafes or restaurants

on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.

what goes on a cottage food label in wisconsin?

“This product was made in a private home not subject to state licensing or inspection.”
the statement wisconsin requires on your label

the label also needs:

home-canned goods only: your name and address
the date you canned it
ingredients, from most to least
allergens like milk, eggs or wheat, by their common name

what’s changed in wisconsin, and what’s coming?

when	what
april 2025	the wisconsin supreme court declined to review the appeals ruling, leaving the license requirement for unbaked homemade foods in place
november 19, 2024	the court of appeals reversed the 2022 ruling, so candy, fudge and other unbaked homemade foods need a license again
december 2022	a lafayette county judge ruled you could sell unbaked shelf-stable homemade foods like fudge and roasted coffee beans without a license. the ruling was put on hold during the state’s appeal
2021	the court clarified that the 2017 order covers any homemade, shelf-stable food baked in an oven, not just foods made with flour

what else should you know in wisconsin?

the court order only covers baked goods made in your home and sold directly to consumers. baking in a commercial kitchen or selling to stores for resale needs a license.
datcp’s guidance for home bakers doesn’t list label rules. the label rules here are for home-canned goods, which also need a sign where you sell them saying they’re homemade and not subject to state inspection.
datcp staff have said the court order covers individuals, not llcs. the institute for justice disputed this in may 2026, so check with datcp if you sell through an llc.
wisconsin still has no cottage food law. the latest bill, which would have created a licensing exemption for home-baked and other shelf-stable foods (senate bill 739 / assembly bill 748), failed to pass on march 23, 2026.

questions people ask

do i need a license to sell baked goods from home in wisconsin?

no state registration is needed for cottage food in wisconsin. check your city or county for local rules, like zoning or a business license.

can i sell cottage food online in wisconsin?

yes. baked goods only, and the sale must go straight from you to the consumer.

can i ship cottage food in wisconsin?

the rules aren’t clear on shipping within wisconsin: datcp hasn’t addressed it.

how much can i sell from home in wisconsin?

there’s no yearly sales cap.

can i sell to stores or coffee shops in wisconsin?

no. you need a license to sell to stores, cafes or restaurants.

what can’t i sell from home in wisconsin?

the usual no’s: candy, fudge and chocolates, roasted coffee beans, dried soup mixes, cheesecake, cream pies and other baked goods that need refrigeration, home-canned low-acid foods, like green beans. check with the wisconsin department of agriculture, trade and consumer protection (datcp) before you sell something new.

sources

this is general information to help you get started, not legal advice. we checked it against wisconsin’s own pages on october 14, 2026, and laws change, so confirm with the wisconsin department of agriculture, trade and consumer protection (datcp) (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.

written by tommy + omar

we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story