Wisconsin — the rules

Selling Food From Home in Wisconsin: Cottage Food Rules (2026)

Yes — you can legally sell food made in your home kitchen in Wisconsin, under the Home-baked goods court exemption (Kivirist v. DATCP) + 'Pickle Bill' (Wis. Stat. 97.29(2)(b)2). There is no state sales cap on the books. Here is exactly what that means.

Wisconsin at a glance

Home food sales	Allowed
Program	Home-baked goods court exemption (Kivirist v. DATCP) + 'Pickle Bill' (Wis. Stat. 97.29(2)(b)2)
Annual sales cap	None specified
Sales channels	Direct to consumers (see details — many direct-only states still allow online orders with delivery)

What foods are covered

Narrow: only shelf-stable, non-hazardous BAKED goods may be sold license-free (court-created Kivirist exemption, direct-to-consumer, low volume, no statutory cap); home-canned pickles/fruits/vegetables at pH 4.6 or lower allowed under the Pickle Bill but capped at $5,000/yr and limited to face-to-face venues. After the Nov 19, 2024 Court of Appeals ruling (review denied by WI Supreme Court), non-baked goods such as candies, chocolates, and fudge again require a commercial food processing license. No general cottage food statute

Permits and registration

No license for qualifying home-baked goods (direct-to-consumer) or Pickle Bill canned goods (labeling and display rules apply); food processing plant or retail food establishment license required for everything else

Going legal in Wisconsin: the plate-seller checklist

Read the primary source (linked below) — caps and food lists are specific and they change.
Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
Get your free EIN at irs.gov and open a separate account for food money.
Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.

Sources and verification

Verified 2026-07 against: docs.legis.wisconsin.gov · forrager.com. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.

Questions people ask

Is it legal to sell food from home in Wisconsin?

Yes — under Home-baked goods court exemption (Kivirist v. DATCP) + 'Pickle Bill' (Wis. Stat. 97.29(2)(b)2). Allowed foods and channels are specific; check the primary source.

How much can you sell under Wisconsin's cottage food law?

Wisconsin does not specify a state sales cap in the current rules.

Do you need a permit to sell food from home in Wisconsin?