Cottage food rules
Home Bakery License in Wisconsin: What You Need
A clear look at what Wisconsin requires before you sell baked goods from home.
On this page
What to remember
- Wisconsin has no cottage food statute passed by the legislature.
- A court order, later narrowed, is the reason home bakers can sell some shelf stable baked goods without a license, cap, or inspection.
- The order covers sales directly to consumers.
- Potentially hazardous baked goods require a license.
- Check with your local health department because city and county rules vary.
If you are trying to sort out a home bakery license in Wisconsin, the first thing to know is that the rules do not come from a cottage food law. The Cottage Food Law Library says Wisconsin has no cottage food statute passed by the legislature, and that home bakers sell shelf stable baked goods without a license, cap, or inspection only because of a court order that was later narrowed. If you are comparing states, our guide to home bakery license requirements walks through the common pieces.
What the court order covers
Under the injunction, home bakers can sell non potentially hazardous baked goods directly to consumers without a Wisconsin Department of Agriculture, Trade and Consumer Protection retail food license. 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. The key limits are in the words: the food must not be potentially hazardous, and the sale must be direct to the consumer.
What changed in November 2024
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. That is the language in the DATCP document, and it is worth reading closely. It does not create a broad cottage food law. It addresses enforcement for a defined group of home bakers. If your bakes fall outside that group, the licensing path is different.
What to check before you sell
If your baked goods are potentially hazardous, or if your sales are not direct to consumers, do not assume the court order covers you. Any business producing potentially hazardous baked goods in Wisconsin must be licensed. For a home based bakery that does not fit the order, a food processing plant license and a local business license are typically part of the path. Requirements can vary by city or county, so check with your local health department before you take orders.
Write down what you sell
List every bake and mark which ones are not potentially hazardous. The court order turns on that difference.
Check where you sell
The order described in the sources covers sales directly to consumers. If you plan to sell another way, ask DATCP or your local health department first.
Call your local health department
City and county requirements can vary. Ask what license, permit, or inspection applies to your home kitchen.
Keep your papers together
Keep your recipes, sales records, and any license or permit papers in one place. If a question comes up, you can show what you sold and how.
Keep your shop and your paperwork simple
Once you know where you stand, the day to day work is taking orders, baking, and getting paid. Brevl works on a computer and on a phone, and you can take card payments through your own Stripe or Square account, plus Venmo, Cash App, Zelle, and cash. If you want a fair look at app options, see home bakery app. For the license paperwork side, our guide to home bakery license online may help.
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Common questions
Do I need a license to sell cookies from my home in Wisconsin?
It depends on what you sell and how you sell it. Home bakers can sell baked goods that are not potentially hazardous directly to consumers without a retail food license under the court order described by DATCP and Cakery Bakeries. Any business producing potentially hazardous baked goods must be licensed.
What changed in November 2024?
A November 2024 court document says 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. The Cottage Food Law Library describes the court order as later narrowed.
Is there a cottage food law in Wisconsin?
No. Wisconsin has no cottage food statute passed by the legislature. The library says home bakers sell shelf stable baked goods without a license, cap, or inspection only because of a court order that was later narrowed.
Can I sell to a coffee shop or a store?
The court order described in the sources covers sales directly to consumers. The sources do not describe coverage for other sales, so check with DATCP and your local health department before you take that kind of order.
Do I need a local business license?
Requirements can vary by city or county. A local business license is typically part of operating a home based bakery in Wisconsin, so check with your local health department.
What if I make potentially hazardous baked goods?
Any business producing potentially hazardous baked goods in Wisconsin must be licensed. A food processing plant license and a local business license are typically part of the path for a home based bakery that does not fit the court order.
Sources
General information, not legal or tax advice. Rules can change. Check with the Wisconsin Department of Agriculture, Trade and Consumer Protection and your local health department before you sell.