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Cottage food laws

Wisconsin Cottage Food Law

Can you sell homemade food from your home kitchen in Wisconsin? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Cottage Food (baked goods via court ruling) / Home Canning 'Pickle Bill'
Annual sales cap
Baked goods: No cap; Canned/pickled ('Pickle Bill'): $5,000
Where you can sell
Baked goods: direct/in-person, farmers markets, home, onlineCanned/pickled: farmers markets and events only
Registration / to start
No license required for either category (baked goods per court rulings; pickle bill for home canning)
Allowed foods
Shelf-stable baked goods (no refrigeration); plus acidified/fermented/pickled foods, salsa, sauerkraut, kimchi, applesauce, chutney, jams/jellies, maple syrup (canning law)
Not allowed
TCS/refrigerated foods, meat, low-acid canned goods
When you need a commercial / commissary kitchen
Exceeding the $5,000 canned-goods cap, selling TCS foods, or wholesale/retail requires a licensed kitchen
Administered by
Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP) · Wis. 'Pickle Bill' (home canning); baked-goods rights via Lasee/Schmidt court rulings

Source: Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP). Cottage food laws change often — confirm current rules before selling.

Good to know

Two separate frameworks: home-baked shelf-stable goods (no cap, no license, won via court rulings) and the Pickle Bill for home-canned/acidified foods ($5,000 cap, markets/events only). A 2026 reform bill proposing a $40,000 cap + registration was pending.

Outgrowing cottage food? When you need a licensed kitchen, see Wisconsin food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in Wisconsin?
Yes. Wisconsin has a cottage food framework (Cottage Food (baked goods via court ruling) / Home Canning 'Pickle Bill') that lets individuals make and sell certain non-hazardous foods from a home kitchen. Annual sales are capped at Baked goods: No cap; Canned/pickled ('Pickle Bill'): $5,000. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP).
What foods can I sell under Wisconsin's cottage food law?
Shelf-stable baked goods (no refrigeration); plus acidified/fermented/pickled foods, salsa, sauerkraut, kimchi, applesauce, chutney, jams/jellies, maple syrup (canning law) Not allowed: TCS/refrigerated foods, meat, low-acid canned goods
When do I need a commercial or commissary kitchen in Wisconsin?
Exceeding the $5,000 canned-goods cap, selling TCS foods, or wholesale/retail requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in Wisconsin?
No license required for either category (baked goods per court rulings; pickle bill for home canning)

Food-business permits in Wisconsin's biggest counties

Local food-permit cost, plan review and the health-department contact for the counties people look up most.

Dane County
Outagamie County
Eau Claire County
Waukesha County
Washington County
← All states
Published by Resultex Media Group LLC · Independent & vendor-neutral · Educational only, not legal or engineering advice · Last verified October 2026