Cottage food rules
Wisconsin Home Bakery License Rules for Home Bakers
A plain look at what the Wisconsin court orders let home bakers sell, and where a license still applies.
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What to remember
- The rules come from court orders, not a law your state legislature passed.
- Baked goods that are not potentially hazardous, sold directly to consumers, are covered by the current orders.
- A license is still required to prepare food that is potentially hazardous.
- The orders apply only to people producing baked goods in their homes.
- Commercial kitchen baking businesses must follow the Wisconsin Administrative Code requirements of ATCP.
If you bake at home in Wisconsin and sell to people who come to you, the ground under you is different from most states. It helps to know what the orders actually say before you take your first paid order. The wider picture is in our guide to Wisconsin cottage food laws.
Why Wisconsin works differently
Two published Wisconsin court decisions have affected the application of food licensure laws, both arguing that these laws violate the home-baker plaintiffs’ constitutional rights. Wisconsin has no cottage food statute passed by the legislature, so home bakers sell shelf-stable baked goods without a license, cap, or inspection only because of a court order, which was later narrowed. That means the ground can move with a ruling rather than with a vote, so it pays to check where things stand rather than assume last year’s answer still holds.
What the court orders cover
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. On Dec. 28, 2022, the Lafayette County Circuit Court extended that ruling to home producers who make any foods that are not potentially hazardous, and who sell those items directly to consumers. Selling directly to the person who eats it is part of what the orders describe, so keep that in mind when you decide how you take orders.
Where a license still applies
There are opportunities to sell certain farm and home-prepared food products in Wisconsin without a license, but a license is required to prepare food that is potentially hazardous. If what you want to sell sits outside the not potentially hazardous group the orders describe, the license question comes straight back. Cost is usually the next thing people ask, and it depends on what you are applying for, so we laid out the numbers in what a Wisconsin home bakery license costs.
What to settle before your first order
Write down exactly what you bake
List every item you plan to sell, so you can check each one against what the court orders describe.
Confirm you are selling direct
The orders describe home bakers selling directly to consumers. Be clear with yourself about how each order reaches the person who eats it.
Keep production at home
The orders apply only to people producing baked goods in their homes, so a rented commercial kitchen changes your situation.
Ask before you add something new
A license is required to prepare food that is potentially hazardous. Check before you expand into anything new.
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- Wisconsin Cottage Food Laws: What Home Bakers Should Check
- What a Wisconsin home bakery license costs
Common questions
Do I need a license to sell cookies from my home in Wisconsin?
As of November 2024, certain court orders prohibit enforcement of licensing requirements for home bakers who make baked goods that are not potentially hazardous and sell them directly to consumers.
Is there a sales cap for home bakers in Wisconsin?
Wisconsin has no cottage food statute passed by the legislature, so home bakers sell shelf-stable baked goods without a license, cap, or inspection only because of a court order, which was later narrowed.
Does this cover everything I might bake?
No. A license is required to prepare food that is potentially hazardous, so anything outside the not potentially hazardous group the orders describe is a different question.
What if I bake in a commercial kitchen?
The court orders apply only to people producing baked goods in their homes. All commercial kitchen baking businesses must follow the Wisconsin Administrative Code requirements of ATCP.
Where did these rules come from?
Two published Wisconsin court decisions have affected the application of food licensure laws, both arguing that these laws violate the home-baker plaintiffs' constitutional rights. With no statute from the legislature, the rules rest on those orders.
When did the current position take shape?
On Dec. 28, 2022, the Lafayette County Circuit Court extended the ruling to home producers who make any foods that are not potentially hazardous and sell them directly to consumers. As of November 2024, certain court orders prohibit enforcement of licensing requirements for home bakers making baked goods that are not potentially hazardous to sell directly to consumers.
Sources
This is general information about Wisconsin rules, not legal advice. The position rests on court orders that can change. Confirm where things stand with the Wisconsin Department of Agriculture, Trade and Consumer Protection before you sell.