Craft beverages are one of the most exciting — and most misunderstood — categories for Wisconsin home food sellers. From kombucha to cold brew, raw cider to shrubs, here's exactly what you can and can't sell without a license.
Wisconsin's beverage rules sit at the intersection of its cottage food exemptions, its dairy licensing system, and its liquor control laws. Most non-alcoholic craft beverages face significant hurdles — but a handful have clear pathways. Here's the lay of the land before we go category by category.
Beverages are harder than baked goods. Unlike shelf-stable baked goods — which have a clear judicial exemption — most non-alcoholic beverages fall under the food processing plant licensing requirement because they involve liquid processing and often require pasteurization. Approach any beverage for sale with extra caution and verify with DATCP before your first sale: (608) 224-4682.
Each beverage category has its own regulatory logic in Wisconsin. Read the section for your product carefully — the difference between "restricted" and "prohibited" often comes down to one technical detail.
Raw apple cider — fresh-squeezed, unprocessed, and unpasteurized — has an explicit statutory exemption in Wisconsin law, the same category of exemptions that covers honey, maple syrup, and unprocessed produce. You can sell it without a food processing plant license.
Wisconsin has a proud apple cider tradition, and this exemption reflects the legislature's recognition of cider as a direct farm product. Cider sold at farmers markets, roadside stands, and directly to consumers is the primary use case.
Shrubs — concentrated fruit and vinegar syrups mixed with water or sparkling water to drink — occupy an interesting regulatory space in Wisconsin. As a vinegar-based acidified product, a well-made shrub concentrate could fall under the Pickle Bill's canned goods exemption if it meets the pH ≤ 4.6 threshold.
However, the Pickle Bill was written primarily for foods, not beverages. Whether a shrub concentrate qualifies as a "canned good" under § 97.29 is a gray area that DATCP has not publicly clarified. If you plan to sell shrubs, get written guidance from DATCP first.
Kombucha sits at the intersection of the Pickle Bill's pH requirements and Wisconsin's alcohol licensing laws. On paper, a well-acidified kombucha with a pH of 4.6 or below could qualify under the Pickle Bill's canned goods exemption — but two additional complications arise.
First, kombucha is a beverage, not a traditional canned good. As with shrubs, whether the Pickle Bill's scope covers beverages is unresolved. Second, and more critically, kombucha fermentation naturally produces trace amounts of alcohol. If alcohol content exceeds 0.5% ABV, the product is legally classified as an alcoholic beverage and requires a Wisconsin alcohol beverage license — entirely separate from cottage food rules.
Your kombucha becomes an alcoholic beverage under Wisconsin law. You would need a Wisconsin alcohol beverage license from the Department of Revenue — an entirely different and more complex licensing path. See the Alcohol section below.
Cold brew coffee — despite being seemingly simple — is a ready-to-drink beverage produced through a liquid extraction process. As such, it falls squarely under Wisconsin's food processing plant license requirements, which cover any place where food is "manufactured or prepared by... any other kind of food preservation process."
Cold brew is not covered by the Kivirist baking exemption (it's not baked) and does not fall under the Pickle Bill (it's not an acidified canned good with pH ≤ 4.6 — coffee is pH ~5.0–6.0). Selling bottled cold brew from home requires a food processing plant license from DATCP.
Note: Selling a cup of drip coffee at a farmers market event may fall under temporary restaurant or food service rules — contact your local health department or DATCP about event-specific exemptions.
You need a food processing plant license from DATCP, which requires a licensed commercial kitchen. Contact DATCP's Food Safety division at (608) 224-4682 to begin the process.
Fresh-pressed or cold-pressed juice (other than raw apple cider, which has its own exemption) is regulated as a processed beverage in Wisconsin. It requires a food processing plant license from DATCP.
Under FDA FSMA rules, juice producers who sell to the public must also comply with Hazard Analysis and Critical Control Points (HACCP) requirements, or achieve a 5-log pathogen reduction (typically through pasteurization). Unpasteurized juice sold commercially must carry the FDA warning label about health risks to vulnerable populations.
Small-scale juice producers in Wisconsin typically use a licensed commercial kitchen or a shared juice processing facility to meet these requirements.
Wisconsin's statutory exemption for apple cider applies specifically to apple cider — not orange juice, green juice, or other pressed juices. Only apple cider has the clear exemption in state law.
Freshly made lemonade and agua fresca sold by the cup at a farmers market or event may fall under temporary food service or temporary restaurant rules rather than cottage food rules. This is a different regulatory category — and the requirements vary by county in Wisconsin, since many counties act as DATCP's licensing agent for food establishments.
If you're selling made-to-order drinks by the cup at an event, contact your county health department or DATCP about whether a temporary food service permit covers your setup. Selling pre-bottled lemonade, however, falls under food processing rules and typically requires a license.
Homemade oat milk, almond milk, cashew milk, and similar plant-based milks are processed beverages that require a food processing plant license in Wisconsin. They are not covered by any cottage food exemption.
These products have a short shelf life, require refrigeration (making them TCS foods in most forms), and involve a liquid extraction process — all of which push them into the licensed food processing category.
A food processing plant license from DATCP and access to a licensed commercial kitchen are required. Some shelf-stable versions (ultra-pasteurized in sterile packaging) are available at commercial scale but are not feasible for home producers.
No cottage food exemption in Wisconsin — or in any other state — covers alcoholic beverages. If you want to sell beer, wine, spirits, hard cider, or any beverage over 0.5% ABV, you need a separate license entirely.
Wisconsin, like all states, regulates alcohol beverage production and sales through a dedicated licensing system under the Wisconsin Department of Revenue. The cottage food rules administered by DATCP have zero overlap with alcohol beverage licensing.
Home brewing of beer and wine for personal use is legal in Wisconsin — adults 21+ may brew up to 100 gallons per person (200 gallons per household) per year for personal consumption, with no license required. But the moment you sell a single bottle, can, or glass, you need a license.
Wisconsin's alcohol beverage industry is vibrant — from Milwaukee's historic brewing legacy to the growing craft wine and spirits sector. Getting licensed is achievable, but it's a separate multi-step process from anything covered in this cottage food guide.
For beer, ale, lager, and malt beverages. Issued by Wisconsin Department of Revenue. Requires federal TTB Brewer's Notice first.
For wine produced from grapes, fruits, honey (mead), or other agricultural products. Wisconsin Department of Revenue issues winery permits.
For spirits including whiskey, vodka, gin, brandy. Requires both a federal TTB Distilled Spirits Plant permit and a Wisconsin distillery license.
Apple cider exceeding 0.5% ABV is a hard cider — an alcoholic beverage requiring a winery permit. Distinct from raw (soft) apple cider exemption.
For Wisconsin alcohol licensing: Wisconsin Department of Revenue Alcohol Beverage Unit · revenue.wi.gov
For beverages you are legally permitted to sell, packaging matters both for safety and compliance. Here's what to keep in mind.
Use only food-grade, BPA-free containers rated for the beverage you're bottling. Glass mason jars, food-grade PET plastic bottles, and amber glass are common choices. Never reuse non-food containers.
For any pre-packaged beverage sold to the public, tamper-evident caps or seals are a best practice — and increasingly expected by market managers and customers. Shrink bands are inexpensive and widely available.
Follow Wisconsin's recommended label guidelines: product name, producer name and address, net volume (fluid ounces or mL), ingredients, and allergens. Include the appropriate state disclaimer if operating under the Pickle Bill.
If your beverage requires refrigeration (like raw cider), maintain the cold chain from your kitchen to the customer. Transport in a cooler with ice. Keep under 41°F at all times. Never let refrigerated beverages sit at room temperature for extended periods.
Federal law requires a net quantity statement on packaged beverages. State volume in fluid ounces (fl oz) and metric equivalents (mL) for products under 1 liter, or in liters for larger containers. Placement: lower 30% of the principal display panel.
If selling raw apple cider or any unpasteurized juice, FDA requires the consumer advisory warning label about health risks for vulnerable populations. This is a federal requirement regardless of state rules.
Wisconsin label resources: The Label Requirements page of this guide covers the recommended label elements, the state disclaimer statement, and allergen rules in full detail. The SellFood Label Creator tool (free with account) can help you build compliant labels for your beverage products.
Enter your beverage type, production method, and pH level — get an instant Wisconsin compliance assessment and a step-by-step action plan.
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