Wisconsin's home food rules are unique in the US — built on a court ruling and a canning statute rather than a single cottage food act. Here's exactly what's open, what's restricted, and what requires a license.
Every product falls into one of three categories. Open means you can sell it today without a license. Restricted means conditions apply — read them carefully. Prohibited means a commercial license is required before you can sell.
2024–2025 Legal Update: A November 2024 Wisconsin Court of Appeals ruling overturned an earlier expansion that had briefly permitted non-baked shelf-stable items like chocolates, fudge, Rice Krispie treats, and roasted coffee. The Wisconsin Supreme Court declined to hear the case in April 2025. If you were selling any of these products, you now need a license to continue. Contact DATCP at (608) 224-4682 with questions about your specific products.
Wisconsin's product restrictions aren't arbitrary — they're rooted in food safety science. Understanding the reasoning makes it easier to assess your own products and make smart decisions about your business.
TCS stands for Temperature Control for Safety. A food is TCS if it supports the rapid growth of harmful microorganisms when held at room temperature — typically because it has high moisture and protein, neutral pH, and no preservative barrier.
TCS foods include fresh meat, poultry, fish, dairy products, cooked grains, and anything with custard or cream cheese fillings. These cannot be sold under cottage food exemptions in Wisconsin. See the Prepared Meals page for details.
Wisconsin's baked goods exemption is based specifically on a court ruling — not a statute — and that ruling was about home-baked goods. The courts and DATCP have interpreted "baked" to mean cooked in an oven, and the finished product must be shelf-stable (non-TCS) without refrigeration.
This is why chocolates and fudge — shelf-stable but not oven-baked — were challenged in court and ultimately remained prohibited. If your product goes into an oven and comes out shelf-stable, you're almost certainly in the clear under the Kivirist ruling.
The Pickle Bill requires acidified canned goods to have an equilibrium pH of 4.6 or lower. This threshold matters because Clostridium botulinum — the bacteria that causes botulism — cannot grow in environments below pH 4.6. Acidification is the safety mechanism that makes pickles, jams, and salsas safe without refrigeration.
Not sure if your product qualifies? UW Extension can help with pH testing referrals: call (608) 263-7383. Wisconsin labs charge approximately $25 per test.
Under the Pickle Bill, canned goods sales are restricted primarily to farmers markets and community events — not shipped wholesale or placed in retail stores. This venue restriction is baked into the statute and reflects the legislature's intent to keep these exemptions small-scale and community-facing.
Baked goods under the Kivirist ruling are more flexible — you can sell at farmers markets, through direct sales, and via online orders/mail to Wisconsin addresses. However, you cannot ship out of state, and sales must be within Wisconsin. Confirm current online rules with DATCP as this continues to evolve.
Farmers markets in Wisconsin typically set their own additional vendor requirements. Always contact the market manager before your first day — approval and fees vary widely by market.
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