This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12
No license, registration, or permit for either path within their limits. Home bakers sell under court orders barring DATCP from requiring licenses for shelf-stable baked goods sold direct to consumers; home canners sell qualifying acid foods under the Pickle Bill exemption. Everything else requires a licensed facility, and a personal home kitchen cannot be licensed in Wisconsin.
None for either path.
Baked goods path: only foods actually baked (dry heat above 140F in a closed chamber) that are shelf-stable as finished: breads, cookies, muffins, fruit pies. Pickle Bill path: home-canned fruits and vegetables that are naturally acidic or acidified to pH 4.6 or lower: pickles, salsas, chutneys, sauerkraut, kimchi, fruit jams and jellies, canned fruits.
Critical recent change: unbaked homemade sweets (chocolates, fudge, candy, cocoa bombs, rice cereal treats) were briefly legal under a 2022 court order, but the Wisconsin Court of Appeals reversed it in November 2024, so they again require a license. Also prohibited without a license: refrigerated baked goods, dehydrated foods (a dehydrator is not baking), canned goods above pH 4.6, and canned fish, meat, pickled eggs, lemon curd, and pesto.
Baked goods: direct to consumers only, no wholesale; DATCP is silent on online and shipped sales, so confirm before selling that way. Canned goods: face-to-face only at community events, farmers markets, and flea markets in Wisconsin; no home sales, internet sales, consignment, wholesale, or out-of-state sales.
Annual sales cap: No cap on baked goods (though the court orders describe low-volume direct sales); home-canned goods are capped at less than $5,000 per person per year.
Baked goods have no statutory label requirement (the exemption is a court order), though standard labeling is good practice. Canned goods must carry: the canner's name and address, canning date, ingredients in descending order with allergens named, and 'This product was made in a private home not subject to state licensing or inspection,' plus a point-of-sale sign reading 'These canned goods are homemade and not subject to state inspection.'
Wisconsin exempts food except candy, soft drinks, supplements, and prepared food. Bakery items are generally exempt unless sold heated, and home-canned jams and pickles are exempt; candy and confections are taxable, so mixed sellers may need a seller's permit.
DATCP advises checking local zoning and obtaining a seller's permit from the city clerk where required; markets and fairs set their own vendor rules and may ask for proof you qualify for an exemption.
Operating an unlicensed food processing plant or retail establishment violates Wis. Stat. ch. 97, with civil forfeitures and criminal penalties possible; staying within the court ruling or Pickle Bill limits is what keeps you exempt.
Selling non-food crafts too? See the Wisconsin craft fair permit and sales tax guide.
Yes, under Two paths: home-baked goods via the Kivirist v. DATCP court rulings (2017), and home-canned goods via the Pickle Bill (Wis. Stat. 97.29(2)(b)2). No cottage food statute exists for baked goods.. No license, registration, or permit for either path within their limits. Home bakers sell under court orders barring DATCP from requiring licenses for shelf-stable baked goods sold direct to consumers; home canners sell qualifying acid foods under the Pickle Bill exemption. Everything else requires a licensed facility, and a personal home kitchen cannot be licensed in Wisconsin.
Baked goods path: only foods actually baked (dry heat above 140F in a closed chamber) that are shelf-stable as finished: breads, cookies, muffins, fruit pies. Pickle Bill path: home-canned fruits and vegetables that are naturally acidic or acidified to pH 4.6 or lower: pickles, salsas, chutneys, sauerkraut, kimchi, fruit jams and jellies, canned fruits. Critical recent change: unbaked homemade sweets (chocolates, fudge, candy, cocoa bombs, rice cereal treats) were briefly legal under a 2022 court order, but the Wisconsin Court of Appeals reversed it in November 2024, so they again require a license. Also prohibited without a license: refrigerated baked goods, dehydrated foods (a dehydrator is not baking), canned goods above pH 4.6, and canned fish, meat, pickled eggs, lemon curd, and pesto.
Yes: No cap on baked goods (though the court orders describe low-volume direct sales); home-canned goods are capped at less than $5,000 per person per year.
Baked goods: direct to consumers only, no wholesale; DATCP is silent on online and shipped sales, so confirm before selling that way. Canned goods: face-to-face only at community events, farmers markets, and flea markets in Wisconsin; no home sales, internet sales, consignment, wholesale, or out-of-state sales.
Baked goods have no statutory label requirement (the exemption is a court order), though standard labeling is good practice. Canned goods must carry: the canner's name and address, canning date, ingredients in descending order with allergens named, and 'This product was made in a private home not subject to state licensing or inspection,' plus a point-of-sale sign reading 'These canned goods are homemade and not subject to state inspection.'
Wisconsin exempts food except candy, soft drinks, supplements, and prepared food. Bakery items are generally exempt unless sold heated, and home-canned jams and pickles are exempt; candy and confections are taxable, so mixed sellers may need a seller's permit.
Browse upcoming craft fairs and markets in Wisconsin with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-12. Spotted something out of date? Let us know.