Wisconsin Cottage Food Operations (2026)

Key Facts

Statute: Wis. Stat. 97.29
Canned goods cap: $5,000 annually
Label required: Yes, with disclaimer
Sales channels: Direct to consumer

Full Breakdown

Wis. Stat. section 97.29(2)(b) and the Schmidt v. DATCP court ruling permit sales of home-canned high-acid foods (pickles, jams, salsas with proper pH) and home-baked non-potentially-hazardous goods directly to consumers. Annual gross sales are capped at $5,000 for canned goods. Producers must label products with name, address, ingredients, allergens, and a disclaimer that the food is home-produced and not inspected. Sales are limited to direct in-state transactions at farmers markets, community events, or from the home. Meat, dairy, and refrigerated foods remain prohibited. Local health departments cannot impose stricter licensing on covered products.

Violations & Penalties

Selling outside permitted channels or above caps may trigger DATCP enforcement, fines, embargo of products, and require commercial licensing under Wis. Stat. ch. 97.

Frequently Asked Questions

What foods can I sell from home in Wisconsin?

Non-potentially-hazardous baked goods and high-acid canned items like pickles, jams, and salsas. Dairy, meat, and refrigerated foods require commercial licensing.

Do I need a license for cottage food sales?

No license is required for qualifying baked goods or canned high-acid goods sold direct to consumers, but proper labeling and the $5,000 canned-goods cap apply.

Can I sell cottage food online?

Sales must be direct, in-person, in Wisconsin. Online orders followed by mail or shipping outside direct delivery generally fall outside Pickle Bill protection.

Wisconsin Cottage Food and Pickle Bill Law