Cottage food rules
Cottage Food License in Wisconsin: What Home Bakers Need
A clear read on the Wisconsin rules before you take your first paid order.
On this page
What to remember
- As of November 2024, court orders prohibit enforcement of licensing requirements for home bakers selling nonpotentially hazardous baked goods directly to consumers.
- DATCP advises business operators to practice due diligence about whether their practices require a food business license.
- Two published Wisconsin court decisions have affected how food licensure laws apply to home bakers, and both argued those laws violate home baker plaintiffs’ constitutional rights.
- 2025 Assembly Bill 748 would require DATCP to establish, by rule, a home inspection process for cottage food producers making nonpotentially hazardous foods.
If you bake in Wisconsin and want to sell to neighbors, what applies to you depends on what you make and who you sell to. The court orders DATCP points to cover baked goods that are not potentially hazardous, sold directly to consumers. That is a narrower path than it sounds, so read the DATCP home baker page before you print a single label. Bakers in nearby states work under their own sets of rules, and you can compare notes in our guide to the cottage food license in Minnesota.
What the court orders cover, and what they do not
DATCP’s document on homemade baked goods states that, as of November 2024, certain court orders prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous to sell directly to consumers. There have been two published Wisconsin court decisions affecting the application of food licensure laws, both arguing that those laws violate home baker plaintiffs’ constitutional rights. Read the orders and the DATCP page yourself rather than relying on a summary, and do not assume the question is settled for every kind of bake you might want to sell.
Who to ask when your situation is not clear
A DATCP licensing specialist will tell you which regulations apply to your product, offer advice on how to bring your facility up to standards, and help you understand the licensing process. DATCP also publishes a Wisconsin Food Processing and Food Sales Requirements booklet as a resource that guides applicants through the licensing process and explains the requirements before you apply. Both are worth your time before you spend money on packaging or a second oven. If you are still deciding whether selling from home is for you, our guide on whether you need a cottage food license in Idaho shows how another state frames the same question.
What Assembly Bill 748 would add
Under 2025 Assembly Bill 748, DATCP must, by rule, require and establish a process for home inspection of cottage food producers that prepare nonpotentially hazardous foods. That is a proposal, not a rule you can follow today. Keep an eye on it if you bake from your own kitchen, because a home inspection process would change what getting started looks like. Until then, the DATCP home baker page and a licensing specialist are your two best places to look.
Once you know where you stand, the selling side is simpler. Decide what you will bake, what you will charge, and how you will get paid. Our guide to payment methods for a home bakery covers what to confirm before you take your first order. Keep a simple record of every sale from day one, because a licensing conversation goes better when you can describe exactly what you make and who you sell it to.
Try the free bake pricing calculator
Free, no signup.
- Cottage food license in Minnesota
- Do you need a cottage food license in Idaho
- Payment methods for a home bakery
Common questions
Do I need a cottage food license in Wisconsin?
The material DATCP publishes does not give one clean answer. As of November 2024, court orders prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous to sell directly to consumers, and DATCP advises business operators to practice due diligence about whether they need a food business license.
Which baked goods count as not potentially hazardous?
The DATCP document refers to baked goods that are not potentially hazardous, but this guide does not list which foods qualify. Ask a DATCP licensing specialist about your specific product before you sell it.
Will my kitchen have to be inspected?
This guide cannot tell you that. Under 2025 Assembly Bill 748, DATCP must, by rule, require and establish a process for home inspection of cottage food producers that prepare nonpotentially hazardous foods. That is a bill, so ask a licensing specialist what applies to you right now.
Who can I call with questions?
A DATCP licensing specialist will tell you which regulations apply to your product, offer advice on how to bring your facility up to standards, and help you understand the licensing process.
Where can I read the requirements in one place?
DATCP publishes a Wisconsin Food Processing and Food Sales Requirements booklet as a resource that guides applicants through the licensing process and explains the requirements before you pursue an application.
Sources
General information only, not legal advice. Rules change, and this page reflects the sources listed above. Check DATCP and talk to a licensing specialist about your own baking.