Wisconsin Cottage Food Laws

Comprehensive Guide to Wisconsin Cottage Food Laws

This guide provides a detailed overview of Wisconsin’s cottage food regulations, focusing on the “Pickle Bill” for home-canned foods and the legal landscape for home-baked goods. It covers sales limits, licensing, allowed and prohibited products, labeling, and practical steps for home-based entrepreneurs in Wisconsin.

Quick Facts

1. Overview / Introduction

In Wisconsin, the primary cottage food exception is known as the “Pickle Bill” (Wisconsin Act 101, passed in 2010), which permits the sale of certain home-canned foods without a license under very limited circumstances. Additionally, court decisions have impacted home-baked goods—though licensing exemptions for these remain subject to ongoing legal interpretation and reversal as of late 2024. These form the core legal allowances for small-scale food producers operating from their homes in Wisconsin.

2. Sales Limits

Home-canned food sellers operating under the Pickle Bill may sell up to $5,000 per year, per person. Only retail, direct-to-consumer sales are allowed, and only at community or social events, flea markets, or farmers’ markets within Wisconsin. Sales from home, wholesale, consignment, internet, out-of-state, or combined with licensed food sales are prohibited.

3. Licensing & Registration

For home‑canned foods covered by the Pickle Bill, no license is required, provided the product meets the law’s strict criteria. However, most other foods—notably baked goods and other processed items—typically require a license and must be produced in a licensed facility under Wisconsin Administrative Code (ATCP 70 or ATCP 75).

4. Training Requirements

For home‑canned foods under the Pickle Bill, no specific training is mandated. However, for producers of acidified or low‑acid foods outside the exemption, federal regulations (21 CFR Parts 108, 113, 114) require a certified supervisor during production. These operators must complete FDA‑approved training in food‑handling, sanitation, pH control, HACCP, or higher safety practices as defined by DATCP and the CFRs.

5. Home Kitchen Inspection

No inspection or licensing is required for home‑canned foods qualifying under the Pickle Bill. Nonetheless, processors are legally responsible for the safety and cleanliness of their production—even without formal oversight.

6. Allowed Foods

Under the Pickle Bill, allowable home‑canned products are limited to acidic or acidified fruits and vegetables with a pH of 4.6 or lower—examples include: pickled fruits and vegetables (excluding refrigerator pickles), salsas, chutneys, sauerkraut, kimchi, fruit‑based jams, jellies, and prepared fruit products like applesauce.

7. Prohibited Foods

Foods requiring a license include processed fruits or vegetables with pH above 4.6, or any other processed products regardless of pH. Prohibited items under the exception include fish, meat, pickled eggs, lemon curd, pesto, dressings, and any product sold outside the permitted venues or combined with licensed foods.

8. Labeling Requirements

Labels on Pickle Bill home‑canned items must include:

• Name and address of the person who canned the product
• Date of canning
• The statement: “This product was made in a private home not subject to state licensing or inspection.”
• All ingredients in descending order, including common names for major allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame). At the point of sale, a sign stating: “These canned goods are homemade and not subject to state inspection.” must also be displayed.

9. Where You Can Sell

Under the exemption, sales must be retail and in‑person—specifically at community or social events, flea markets, or farmers’ markets within Wisconsin. Sales via home, internet, out‑of‑state, wholesale, consignment, or combined with licensed food sales are not permitted.

10. Sales Tax

The sources reviewed do not specify sales tax requirements for cottage food sales. Entrepreneurs should consult the Wisconsin Department of Revenue or a tax advisor to determine if and how sales tax applies for their products and venues.

11. Special Exemptions

Aside from the Pickle Bill exemption for home‑canned acidic foods, Wisconsin court rulings have affected home‑baked goods. As of November 2024, the Court of Appeals reversed a 2022 decision that had exempted home bakers making non‑potentially hazardous baked goods sold directly to consumers. The Supreme Court declined review in April 2024, so currently no licensing exemption applies—unless future litigation changes that. Operators should proceed cautiously and consult DATCP if unsure.

12. Getting Started

Steps for entrepreneurs:

1. Determine if your product qualifies under the Pickle Bill (acidic/acidified with pH ≤ 4.6).
2. Ensure annual sales will not exceed $5,000, and plan to sell only at approved in‑person venues in Wisconsin.
3. Prepare required labeling and point‑of‑sale signage exactly as specified.
4. Maintain detailed records per batch (recipe, canning date, pH test, sales receipts, etc.).
5. Use clean, sanitized equipment and safe food‑handling practices, even though inspections don’t apply.
6. Monitor legal developments around home‑baked goods, since licensing requirements may still apply.
7. Contact DATCP for guidance as needed.

13. Official Resources

Useful DATCP links and contact points:

• Home‑Canned Foods (Pickle Bill): DATCP website section “Home‑Canned Foods”
• Homemade Baked Goods licensing info: DATCP “HomeBakers.aspx” page
• Training for Wholesale Food Operators (CFR compliance): DATCP training page
• DATCP Licensing specialists: e.g., datcpdfslicensing@wisconsin.gov or (608) 224‑4923
• Brochures: Selling Home‑Canned Foods (FD‑PUB‑61), Homemade Baked Goods flyer (P‑DFRS0222)

Official Sources

This guide was compiled from the following official sources:

• datcp.wi.gov
• datcp.wi.gov
• datcp.wi.gov
• datcp.wi.gov
• datcp.wi.gov
• datcp.wi.gov

Important Notes

⚠️ Home‑baked goods licensing exemption has been reversed by courts as of late 2024—operators should verify current status before proceeding.

⚠️ Sales tax requirements not specified here—businesses should verify with Wisconsin Department of Revenue.