Cottage food rules
Does Wisconsin Have Cottage Food Laws?
A plain answer on Wisconsin cottage food rules, and what to confirm before you sell.
On this page
What to remember
- Wisconsin has a cottage food law, and court decisions have shaped how it applies to home bakers.
- A December 28, 2022 Lafayette County Circuit Court order extended a ruling to home producers selling nonpotentially hazardous foods directly to consumers.
- That order applies only to baked goods that are not potentially hazardous as defined in Wis. Stat. 97.29(1)(hm) and 97.30(1)(bm).
- 2025 Assembly Bill 748 would require DATCP to set up a home inspection process for cottage food producers.
- Wis. Stat. 97.305 says retail food establishment laws do not violate equal protection or due process as applied to sellers of unbaked, not potentially hazardous, homemade foods.
If you bake from your kitchen and sell to neighbors, this is the part of the law that decides what you can make and where you can sell it. Wisconsin’s cottage food law has been tested in court more than once, which is why the answers here read differently from a state that simply passed a bill and left it alone. The Minnesota rules and the Michigan rules are worth a read if you want to see how neighboring states handle the same questions.
What Wisconsin law says right now
Wisconsin’s cottage food law sits alongside Wis. Stat. 97.305, which states that retail food establishment laws do not violate equal protection or due process rights as applied to sellers of unbaked, not potentially hazardous, homemade foods. That sentence matters because the legislature is putting a marker down: the state takes the position that retail food rules can be applied to home sellers of those foods. The court record tells a longer story.
Wisconsin has two published court decisions that affected the application of food licensure laws, and both argued those laws violated home-baker plaintiffs’ constitutional rights. Those cases are the reason the ground under home baking in Wisconsin is not as settled as it first looks.
The December 2022 order and what it covers
On December 28, 2022, the Lafayette County Circuit Court extended its ruling to home producers who make any foods that are not potentially hazardous and who sell those items directly to consumers. Read that carefully, because the scope is narrower than it first sounds. The court’s order applies only to baked goods that are not potentially hazardous as defined by Wis. Stat. 97.29(1)(hm) and 97.30(1)(bm). If what you make falls outside those definitions, the order does not speak to you.
What Assembly Bill 748 would change
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 food products. In plain terms, a bill in front of the legislature would add home inspections to the picture for producers working with those foods. Until it is law and the rules are written, treat it as a proposal to watch, not a step you can complete today.
The paperwork is the slow part, and it is worth doing properly. Once you know what you are allowed to sell, the rest is the same as it is for any home baker: know what a batch costs, set a price that leaves you something, and keep your orders straight. The Ohio guide shows how another state answers the same questions.
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Common questions
Does Wisconsin have cottage food laws?
Yes. Wisconsin has a cottage food law, and two published court decisions have affected how food licensure laws apply to home bakers. The current picture depends on a December 28, 2022 circuit court order and on a bill still moving through the legislature.
Can I sell baked goods made in my home kitchen?
The Lafayette County Circuit Court order extended its ruling to home producers who make foods that are not potentially hazardous and sell them directly to consumers. The order itself applies only to baked goods that are not potentially hazardous under Wis. Stat. 97.29(1)(hm) and 97.30(1)(bm), so check your own products against that definition with DATCP before you sell.
What does the 2025 bill change for me?
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 food products. It is a proposal, so nothing changes for you until those rules are written.
Why do the court decisions matter here?
Wisconsin has two published court decisions that affected the application of food licensure laws, both arguing those laws violated home-baker plaintiffs' constitutional rights. Wis. Stat. 97.305 also states that retail food establishment laws do not violate equal protection or due process rights as applied to sellers of unbaked, not potentially hazardous, homemade foods.
Where do I confirm the details?
Start with DATCP's home bakers page, then read the text of the statutes and the bill. Rules like this change, and a guide cannot replace current official guidance.
Sources
General information only, not legal advice. Confirm your situation with DATCP and, if you need it, a Wisconsin lawyer before you sell.