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🏷️ Wisconsin · Label Requirements

Label Requirements in Wisconsin

Wisconsin's labeling rules differ by product track — baked goods technically have no mandated label, while the Pickle Bill has specific requirements. Here's everything recommended and required, including the exact disclaimer statement to use.

Two Tracks, Two Standards

Labeling by Product Type

Because Wisconsin's cottage food framework is built on court rulings and a canning statute rather than a single law, labeling requirements vary depending on which track your products fall under. The distinction matters — but our recommendation is the same regardless: label everything well.

Track 1 · Baked Goods

Technically No Label Required

The Kivirist judicial exemption is a court ruling — not a statute — and imposes no formal labeling requirement. You can legally sell a loaf of bread with no label at all. However, the Wisconsin Farmers Union and DATCP both strongly recommend following the label guidelines below. Any future legislation will almost certainly mandate labeling, and good labels build customer trust and protect you if a question arises about ingredients or allergens.

Track 2 · Pickle Bill Canned Goods

Display Sign Required — Labels Strongly Recommended

Wis. Stat. § 97.29 specifically requires that a sign be displayed at the point of sale stating that the canned goods are homemade and not subject to state inspection. For packaged products, a label with the same information is the standard practice. The label elements listed below are the industry standard for Pickle Bill compliance.

⚠️

Label now, before it's required. Assembly Bill 897 — which did not pass in 2024 — would have mandated labels with allergen information including sesame for all cottage food sellers. The legislative pressure for labeling requirements is real. Getting your labels right now costs nothing and protects your customers and your business from day one.

Recommended Label Elements — All Wisconsin Sellers

These are the label fields recommended by the Wisconsin Farmers Union, DATCP, and consistent with best practices for cottage food sellers across the country. Follow all of these and your label will meet any reasonable future statutory requirement.

Business Name Recommended
The name of your cottage food operation — whether it's your personal name or a registered DBA like "Sunrise Sweets." This is the primary identifier for your brand and helps customers find you again.
Example: "Deer Run Bakery" or "Jane Smith Home Bakery"
Business Address Recommended
Your home address or the city/state where you operate. This allows customers to contact you if needed and demonstrates transparency. For privacy, many sellers use their city and state without a full street address — this is acceptable.
Example: "Madison, WI 53703" or "Milwaukee, Wisconsin"
Product Name Recommended
A clear, accurate description of what the product is. Should reflect what the customer is buying — not just your brand name for it. "Sourdough Boule" is better than "Country Loaf" if the customer may not know what "country loaf" means.
Example: "Chocolate Chip Cookies" or "Strawberry Jam"
Net Weight or Net Volume Recommended
The quantity of product in the package, by weight (oz / g for solids) or volume (fl oz / mL for liquids). Federal law requires this on packaged food sold commercially. Placed in the lower 30% of the primary display panel. See the Net Weight section below for formatting rules.
Example: "Net Wt 8 oz (227g)" or "Net 12 fl oz (355mL)"
Ingredients List Recommended
All ingredients listed in descending order by weight — most prominent ingredient first. This is the single most important element for allergen safety and consumer transparency. Use common names for ingredients (e.g., "butter" not "dairy fat," "flour" not "wheat protein").
Example: "Enriched flour, butter, brown sugar, eggs, vanilla extract, baking soda, salt"
Allergen Statement Strongly Recommended
A clear statement of any of the nine major allergens present in the product. This can appear within the ingredient list (in bold) or as a separate "Contains:" declaration immediately after. Assembly Bill 897 specifically proposed requiring sesame disclosure — getting ahead of this costs nothing. See the full allergen section below.
Example: "Contains: Wheat, Milk, Eggs, Soy"
Production / Best-By Date Recommended
The date the product was made or the date by which it's best consumed. Helps customers make informed freshness decisions and helps you rotate your own inventory. Not legally required but builds significant trust and reduces waste.
Example: "Baked: April 5, 2026" or "Best by: April 12, 2026"
8
Home Kitchen Disclaimer Statement Strongly Recommended / Required for Canned Goods
The standard Wisconsin disclaimer statement identifying your product as made in a private home not subject to state licensing or inspection. Required as a point-of-sale sign under the Pickle Bill. Strongly recommended for all baked goods labels as well — it sets accurate consumer expectations and demonstrates good faith.
The Official Disclaimer

Wisconsin Cottage Food Disclaimer Statements

Use one of these disclaimer statements on your label or at your point of sale. Exact wording matters — use it verbatim or as close as possible.

🧁 Recommended Disclaimer — Baked Goods (Kivirist Ruling)
"This product was made in a private home not subject to state licensing or inspection."
Source: Recommended by the Wisconsin Farmers Union and the Institute for Justice based on the Kivirist ruling. While not legally mandated for baked goods, this statement accurately describes your legal status, sets consumer expectations, and mirrors the language expected if Wisconsin ever codifies cottage food rules. Place this statement on your product label, at your farmers market table, or both.
🫙 Required Display Sign — Canned Goods (Pickle Bill · Wis. Stat. § 97.29)
"These canned goods are homemade and not subject to state inspection."

This sign must be displayed at the point of sale wherever you sell canned goods under the Pickle Bill. It can appear as a table sign, a card, a banner, or on individual product labels. For packaged products, including the statement on the label itself is the most practical approach.

💡

One label, both statements. If you sell both baked goods and canned goods, you can use a single label template that includes the baked goods disclaimer statement — it satisfies the spirit of both. Or keep it simple: use the longer recommended statement ("made in a private home not subject to state licensing or inspection") for everything. It's accurate for both product tracks and works at any sales venue.

What a Complete Wisconsin Label Looks Like

Here's a sample label incorporating all recommended elements. Use this as a reference when building your own. Tagging shows which elements are recommended vs. required for canned goods.

Deer Run Bakery REC
Salted Brown Butter Chocolate Chip Cookies REC
Net Wt REC 8 oz (227g)
Baked REC April 5, 2026
Best By REC April 19, 2026
Ingredients REC
Enriched flour (wheat), brown butter (milk), brown sugar, granulated sugar, eggs, semi-sweet chocolate chips (soy lecithin), vanilla extract, baking soda, kosher salt
Contains: Wheat, Milk, Eggs, Soy REC
From REC Madison, WI
This product was made in a private home not subject to state licensing or inspection. STRONGLY REC
REC = Recommended  ·  STRONGLY REC = Strongly Recommended / Required for canned goods
Allergen Labeling

The 9 Major Allergens — What to Disclose

Federal law (FALCPA — the Food Allergen Labeling and Consumer Protection Act) requires the nine major allergens to be clearly identified on packaged food labels. While Wisconsin's cottage food sellers are not currently required to follow FDA labeling law (since the Kivirist exemption is not a statute), disclosing allergens is a critical consumer safety practice — and will almost certainly become legally required if cottage food is ever codified.

🌾
Wheat
Includes barley, rye, spelt
🥛
Milk
All dairy, butter, cream, cheese
🥚
Eggs
Whole eggs, egg whites, yolks
🐟
Fish
All finfish species
🦐
Shellfish
Shrimp, crab, lobster, clams
🥜
Peanuts
Including peanut oil, peanut flour
🌰
Tree Nuts
Almonds, walnuts, cashews, pecans…
🫘
Soybeans
Soy lecithin, soy milk, tofu, edamame
🌿
Sesame
Added Jan 1, 2023 · tahini, sesame oil

Two Acceptable Allergen Declaration Formats

Format 1 — Bold in Ingredients List

Ingredients: enriched flour (wheat), butter (milk), brown sugar, granulated sugar, eggs, semi-sweet chocolate chips (soy lecithin), vanilla extract, baking soda, salt
Allergens appear bolded within the ingredients list. Each allergen name must be the common name (wheat, not gluten; milk, not dairy).

Format 2 — "Contains" Statement

Ingredients: enriched flour, butter, brown sugar, eggs, chocolate chips (soy lecithin), vanilla, baking soda, salt

Contains: Wheat, Milk, Eggs, Soy
A "Contains:" declaration immediately follows the ingredients list naming all allergens present. Simpler and highly readable — preferred by many cottage food sellers.
⚠️

Cross-contact warning (optional but important): If your kitchen also processes products with nuts, gluten, or other allergens, consider adding a "May contain traces of: [allergen]" or "Produced in a facility that also processes [allergen]" statement. This is voluntary but protects customers with severe allergies and limits your liability exposure.

Net Weight & Measurement Rules

Federal law (the Fair Packaging and Labeling Act) requires a net quantity statement on packaged food. Here's how to format it correctly.

Solid & Semi-Solid Foods

State weight in avoirdupois ounces and grams (or pounds and ounces for larger items). Both imperial and metric are required for products over 1 pound.

Net Wt 6 oz (170g)
Net Wt 1 lb 4 oz (567g)

Liquid Products

State volume in fluid ounces and milliliters. For products over 1 liter, use liter measurement.

Net 12 fl oz (355mL)
Net 1 L (33.8 fl oz)

Placement

The net quantity statement must appear in the lower 30% of the principal display panel — the main face of the label the customer sees first. It should be easy to find and read.

Lower 30% of front panel
Separate line, distinct from other text

Minimum Font Size

The net quantity must be in a type size that is "reasonably related" to the space of the principal display panel. For most cottage food packages, a minimum of 1/8" (3mm) type height is practical guidance.

Minimum: ~8–10pt font
No smaller than surrounding text

📐 Font Size — Wisconsin Has No State Minimum

Wisconsin's cottage food framework (judicial exemption + Pickle Bill) does not specify a minimum font size for label text. Federal FPLA guidelines apply for net quantity statements — practically, this means your label text should be legible to a person with normal vision at arm's length.

Industry standard practice: use at least 6–8pt type for ingredient and allergen text, and at least 8–10pt for product name and net weight. Larger is always better — it reduces misreading and builds trust.

If you transition to a licensed food establishment, DATCP and federal FDA label requirements will specify exact minimum type sizes based on the principal display panel area.

🏷️

Label Creator — Free with Account

Build compliant Wisconsin cottage food labels in minutes. The Wisconsin disclaimer statement is pre-filled, allergen fields are built in, and you can download print-ready files directly. Free with any SellFood account.

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