The foundation of home food selling in Wisconsin is the shelf-stable test. Understand what it means, how pH and water activity work in plain English, and exactly where you're allowed to sell.
In Wisconsin, nearly every cottage food exemption rests on one critical concept: whether your food is shelf-stable. If it is, you're in the clear under the Kivirist ruling or the Pickle Bill. If it's not, you need a license. Here's how to tell the difference.
A shelf-stable food is one that can be safely stored at room temperature — no refrigerator required — without spoiling or becoming hazardous to eat. Think of a loaf of bread on your counter, a jar of jam in your pantry, or a bag of granola in your cabinet.
The opposite of shelf-stable is a TCS food (Temperature Control for Safety) — one that needs refrigeration to prevent bacterial growth. Fresh cream, meat, soft cheeses, and custards are TCS. These require a commercial kitchen license in Wisconsin.
Food scientists measure shelf-stability using water activity (Aw) — the amount of unbound water available for microbial growth, on a scale of 0 to 1.0. The lower the Aw, the less water is available for bacteria, mold, and yeast to thrive.
The critical threshold is Aw ≤ 0.85. Foods at or below this level are considered non-TCS and do not require refrigeration. Most well-baked goods fall well below this line.
For acidified products under the Pickle Bill, shelf-stability is measured by pH instead of water activity. The threshold is pH ≤ 4.6. Below this level, Clostridium botulinum (botulism bacteria) cannot produce its deadly toxin — making the product safe without refrigeration.
Vinegar-based pickles, properly acidified salsas, and most jams and jellies naturally fall below this threshold. However, the pH must be verified — especially for borderline products like tomato salsas, where the exact tomato variety and recipe acidity can affect the final reading.
UW Extension pH testing referrals: (608) 263-7383 · Average cost ~$25/test
Under the Kivirist ruling, DATCP and the courts have settled on a practical two-part test for home bakers:
1. Was it baked in an oven? The item must be cooked in an oven. Stovetop cooking, frying, or assembly-only (like Rice Krispie treats) does not qualify.
2. Does the finished product require refrigeration? If your product can sit on a shelf at room temperature for its expected shelf life without becoming unsafe, it's non-TCS and qualifies under the Kivirist exemption.
If you're unsure about your specific product, call DATCP at (608) 224-4682 before selling.
If you checked all six boxes, your product almost certainly qualifies under the Kivirist ruling. When in doubt, test or call DATCP.
Wisconsin's two home food tracks have very different sales limit rules. Knowing which track your products fall under is essential for planning your business.
Watch the $5,000 cap carefully. The Pickle Bill cap applies to your total Pickle Bill sales — not per product. If you sell $3,000 in pickles and $2,500 in jams in the same year, you've exceeded the cap. Track your Pickle Bill sales separately from your baked goods revenue. The Sales Limit Tracker tool below can help.
What if proposed legislation passes? Assembly Bill 897 (heard January 2024) proposed a $20,000 annual cap on all cottage food and a $2,000 registration trigger. It did not pass in that session. If new legislation passes in the 2025–2026 session, baked goods sellers may face a cap for the first time. SellFood will update this guide when any change becomes law.
Not all products can be sold through every channel in Wisconsin. The table below shows exactly what's permitted for baked goods vs. canned goods across every common sales venue.
| Sales Channel | Baked Goods (Kivirist) | Canned Goods (Pickle Bill) | Notes |
|---|---|---|---|
| Farmers Markets | ✓ Allowed | ✓ Allowed | Each market sets its own vendor approval process. Contact the market manager in advance. No statewide vendor permit required. |
| Direct to Consumer (Home / Porch) | ✓ Allowed | ✓ Allowed | Selling from your home or arranging pickup directly with buyers is permitted. Check local zoning rules — some municipalities restrict home-based business signage or traffic. |
| Community Events & Fairs | ✓ Allowed | ✓ Allowed | The Pickle Bill specifically lists farmers markets and community events as permitted venues. Event organizers may require proof of compliance. |
| Online Orders (Within Wisconsin) | ⚠ Permitted* | ⚠ Verify | Online advertising and order-taking within Wisconsin appears to be allowed; products must be delivered or picked up within state. Confirm with DATCP: (608) 224-4682. *Rules continue to evolve. |
| Mail / Shipping (Within Wisconsin) | ⚠ Within WI only | ⚠ Verify | Shipping to Wisconsin addresses appears to be permitted for baked goods. Shipping canned goods may have additional restrictions — verify with DATCP directly. |
| Out-of-State Sales or Shipping | ✗ Prohibited | ✗ Prohibited | All cottage food exemptions are Wisconsin-only. Selling or shipping to customers in other states requires compliance with those states' laws and likely a commercial license. |
| Wholesale to Retail Stores | ✗ Prohibited | ✗ Prohibited | Neither the Kivirist ruling nor the Pickle Bill covers wholesale. Placing products in grocery stores, gift shops, or through distributors requires a food processing plant or retail food establishment license. |
| Restaurants / Food Service | ✗ Prohibited | ✗ Prohibited | Selling to restaurants, caterers, or institutional food service is wholesale — not covered by cottage food exemptions. |
| Consignment in Stores | ✗ Prohibited | ✗ Prohibited | Even consignment arrangements with retail stores constitute wholesale distribution and require licensing. |
Farmers markets tip: Wisconsin has excellent farmers markets statewide. The Dane County Farmers' Market in Madison — the largest producers-only market in the US — has a waiting list of 1–2 years for new members. Many other county and city markets have much shorter waits and are excellent starting venues for new home sellers.
No inspection is required, but Wisconsin's exemptions assume your products are genuinely safe. Following good food handling practices protects your customers — and your business.
Maintain a clean kitchen during production. Wash hands thoroughly before and during food prep. Keep pets out of the kitchen while making products for sale. Clean and sanitize prep surfaces before use.
Use food-safe packaging that protects the product from contamination during storage and transport. Seal products to prevent exposure to moisture, pests, or foreign matter. Avoid reusing non-food-grade containers.
Shelf-stable products should be stored in cool, dry conditions — ideally below 75°F. High heat and humidity can reduce shelf life and quality even for products that don't require refrigeration. Avoid direct sunlight.
While not legally required for baked goods, clearly marking a production or best-by date is strongly recommended. It builds customer trust and helps you rotate stock. Canned goods under the Pickle Bill should always be dated.
Transport products in clean, covered containers. Do not store food products alongside cleaning chemicals, pet supplies, or non-food items in your vehicle. Keep products off the floor and protected from temperature extremes during transport.
Consider keeping simple records of each batch — ingredients, quantities, production date. This is voluntary in Wisconsin but helps you troubleshoot recipe issues and demonstrates due diligence if a question ever arises.
Free training available. While Wisconsin doesn't require food safety certification for cottage food sellers, the University of Wisconsin Extension offers food safety resources and can connect you with ServSafe or similar training. A basic food handler certification costs as little as $15 online and takes about 2 hours. It's worth it — and markets increasingly prefer certified vendors.
Track your annual Pickle Bill sales in real time — get an alert when you approach the $5,000 cap and see a running total by product category.
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