Cottage food rules
What a Wisconsin home bakery license costs
Know what you do and do not owe the state before you sell your first bake.
On this page
What to remember
- No state license fee when your bakes are not potentially hazardous and you sell straight to customers.
- No required state registration either.
- Since December 2022 the court order has covered any food that is not potentially hazardous, not just baked goods.
- Your money goes to ingredients, packaging, and getting paid, not a state permit.
It is a fair question, and a common one. You are standing in your kitchen with a stack of cake boxes, wondering what the state wants from you before you take a dollar. The short version is in the Wisconsin cottage food laws guide, and the money part is below.
Why there is no state fee to budget for
Under a 2017 court injunction, home baked goods that are not potentially hazardous are exempt from DATCP retail food licensing, and there is no required state registration. That means there is no application to file and no license fee to send in for those sales.
The order widened on December 28, 2022, when the Lafayette County Circuit Court extended it to home producers who make any foods that are not potentially hazardous and sell those items directly to consumers. As of November 2024, court orders prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous and sell directly to consumers.
What this does not settle for you
A court order about state licensing does not answer every question a home baker has. It does not set your prices, tell you what to write on a label, or decide how you get paid. Those are yours to work out, and they are where the real cost of running a home bakery sits.
If you want certainty about your own situation, the Wisconsin Department of Agriculture, Trade and Consumer Protection publishes its current position on its home bakers page. Read it yourself, and if your plan is unusual, ask a Wisconsin lawyer rather than a forum.
Where your money actually goes
With the state fee at zero, your costs are the ones in your kitchen. Flour, butter, eggs, boxes, labels, and the hours you put in. If you are working out what to charge, what you actually pay for a bakery app is a useful comparison, because a monthly fee is a real line on the sheet even when the state’s is not.
Brevl is one flat $20 a month, with 0% commission on your sales, and a 14 day free trial. You take card payments through your own Stripe or Square account, plus Venmo, Cash App, Zelle, and cash. Your shop carries your photos, your colors, and your own web address, and it runs on a computer and on a phone. A real person answers, usually within minutes.
Try the free bake pricing calculator
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Common questions
Do I need a license to sell cakes from my home in Wisconsin?
If your cakes are not potentially hazardous and you sell them directly to consumers, court orders prohibit enforcement of licensing requirements, and there is no required state registration.
How much is the Wisconsin home bakery license?
There is no state license fee to pay in that situation, because the licensing requirement is not being enforced for those sales and no state registration is required.
Did the 2022 ruling change the cost?
It widened the group covered. On December 28, 2022, the Lafayette County Circuit Court extended the order to home producers who make any foods that are not potentially hazardous and sell those items directly to consumers. The state license fee stays at zero for them.
Does this cover selling to a cafe or a shop?
The orders described cover sales directly to consumers. Selling through another business is a different question, so read the DATCP page and get advice before you agree to a wholesale order.
Where do I check the current rules?
Start with the DATCP home bakers page and the November 2024 document on homemade baked goods, which sets out the current position.
Sources
This is general information about the rules, not legal or tax advice. The current position rests on court orders that can change, so check the DATCP page and talk to a Wisconsin lawyer about your own situation.