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Milwaukee County, WI Home Business: Cottage Food Operations (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

County rule
None
State agency
DATCP
Sales cap
Under $5,000/year
Allowed foods
pH 4.6 or lower

Summary

Milwaukee County does not regulate cottage food. Selling homemade foods is governed by Wisconsin state law and DATCP, including the Wis. Stat. 97.29 'pickle bill' exemption for home-canned high-acid foods sold under $5,000 per year.

These county ordinances apply to unincorporated areas of Milwaukee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The person sells only pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower and receives less than $5,000 per year from the sale of the food products.

Full Breakdown

Cottage food is a state matter in Wisconsin, not a Milwaukee County one. The Department of Agriculture, Trade and Consumer Protection (DATCP) administers the rules. Under the 'pickle bill,' Wis. Stat. 97.29 lets a person sell home-canned pickles and other processed fruits or vegetables with an equilibrium pH of 4.6 or lower without a food processing license, provided annual sales stay under $5,000 and sales occur at a community or social event or a Wisconsin farmers market. Each container must be labeled with the statement that the product was made in a private home not subject to state licensing or inspection. Separate DATCP rules allow certain home-baked goods. The county does not regulate cottage food.

Violations & Fines

Selling outside the exemption, exceeding the $5,000 cap, or omitting the required disclaimer label can draw DATCP enforcement, ordered sales stops, and civil penalties under state food law.

Frequently Asked Questions

Does Milwaukee County regulate cottage food?
No. Homemade food sales are governed by Wisconsin state law and DATCP, including the Wis. Stat. 97.29 pickle bill exemption.
How much can I sell?
Under the pickle bill, less than $5,000 per year of qualifying home-canned high-acid foods, sold at community events or Wisconsin farmers markets, with the required label.

Sources & Official References

Other rules in Milwaukee County

All Milwaukee County rules

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