Waukesha County, WI Home Business: Cottage Food Operations (2026)
Key Facts
- Regulator
- State (DATCP), not the county
- Baked goods
- No license, direct to consumer
- Canned pickle cap
- Under $5,000/year
- pH limit (canned)
- 4.6 or lower
- Labeling
- Sign plus container labels required
Summary
Wisconsin, not Waukesha County, sets cottage-food rules. Non-hazardous home baked goods may be sold direct to consumers without a license. Home-canned high-acid foods (pickles) can be sold up to $5,000 a year under Wis. Stat. 97.29 with required labeling.
A person is not required to obtain a license... to sell at retail food products that the person prepares and cans at home... if the food products are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower... and the person receives less than $5,000 per year from the sale of the food products.
Full Breakdown
Waukesha County does not regulate home food businesses; Wisconsin law does. DATCP allows a home baker to sell baked goods that are not potentially hazardous directly to consumers without a license (wholesaling still requires a license). For home-canned high-acid foods, Wis. Stat. 97.29(2)(b)2 (the "pickle bill") exempts pickles or other processed vegetables/fruits with an equilibrium pH of 4.6 or lower from licensing when sold at a community/social event or farmers' market and the seller receives less than $5,000 per year. A point-of-sale sign and container labels with prescribed wording are mandatory. A home food business may still need to satisfy county home-occupation zoning conditions.
Violations & Fines
Selling outside these exemptions without a DATCP license, or without the required sign/labels, can bring DATCP enforcement and penalties under ch. 97.
Frequently Asked Questions
Can I sell home baked goods in Wisconsin without a license?
What is the pickle bill sales limit?
Sources & Official References
Other rules in Waukesha County
Compare Waukesha County to another location·View the Wisconsin home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.