Guide · Selling from home
Can I sell baked goods from home in Wisconsin?
Informational only, not legal advice.
Yes, with limits — Wisconsin allows some baked goods but prohibits others.
"With limits" means Wisconsin's allowed list and its prohibited list both name baked goods items. Check which list your product is on.
What Wisconsin's food lists say about baked goods
On the allowed list
- Baked goods that are not potentially hazardous, made in the baker's home (generally baked by dry heat above 140°F in a closed chamber such as an oven; some items made in a waffle maker or Dutch oven count), such as cookies, cakes, and muffins
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
On the prohibited list
- Potentially hazardous baked goods (any business producing them must be licensed)
- Items dried in a dehydrator (not considered baked goods)
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
How Wisconsin reads its lists
Baked goods: DATCP's homemade baked goods page; the cookies, cakes, and muffins examples are from the Court of Appeals' description of Kivirist (2024 WI App 69, ¶5). The finished, ready-for-sale product must not be potentially hazardous. Home-canned foods: DATCP's Home-Canned Foods page; the statute says "pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower" (§ 97.29(2)(b)2.a.), and DATCP recommends testing the pH of acidified products. Honey: DATCP's Honey and Honey Products page (no DATCP license needed) and § 97.29(1)(h)8.; this is a separate licensing exemption, not part of either route above.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
These need a DATCP license; they are not banned outright. Baked goods and dehydrated items: DATCP's homemade baked goods page. Unbaked foods: the Court of Appeals reversed the 2022 order that had extended the court protection to them (2024 WI App 69, ¶¶6, 39); DATCP says the court orders "apply only to 'baked goods.'" Canned foods: DATCP's Home-Canned Foods page. Honey: DATCP's Honey and Honey Products page.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Other Wisconsin rules that name baked goods
DATCP's homemade baked goods page and flyer set no dollar limit for home bakers. Home-canned foods are capped: the seller must receive less than $5,000 per year from their sale (Wis. Stat. § 97.29(2)(b)2.c.; DATCP: "No more than $5,000 per year per person").
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Home-canned ("Pickle Bill") sales are limited to less than $5,000 per year per person. DATCP suggests keeping records of every batch made for sale, including amount canned and sold, sale dates and locations, and gross sales receipts. For home bakers, the Wisconsin Legislative Council describes the Kivirist exception as covering baked goods sold "direct to consumer, and at a low volume"; neither the court orders as described by DATCP nor DATCP's guidance sets a dollar figure.
Source: Wis. Stat. § 97.29 (Food processing plants)(2)(b)2.c. · Verified Oct 21, 2026
DATCP's homemade baked goods page and flyer state no labeling requirements for home bakers. The canned-food sign and label wording is in Wis. Stat. § 97.29(2)(b)2.d.–e.; the statute's allergen list (milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans) does not include sesame, which DATCP's page adds. Honey labeling from DATCP's Honey and Honey Products page.
Source: DATCP — Home-Canned Foods · Verified Oct 21, 2026
No license, registration, or application for either route. Home bakers may sell baked goods that are not potentially hazardous, made in their own homes, directly to consumers; DATCP says businesses producing potentially hazardous baked goods or wholesaling baked goods must be licensed, and commercial-kitchen bakeries must follow ATCP 70 or ATCP 75. Home canners may sell home-canned fruits and vegetables with a pH of 4.6 or lower, under $5,000 a year, directly to consumers at community or social events, flea markets, or farmers markets in Wisconsin, with the required sign and labels. Other homemade foods sold to the public need a DATCP food license.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
DATCP's homemade baked goods page and flyer, its Home-Canned Foods page, and Wis. Stat. § 97.29(2)(b)2. name no training requirement. DATCP strongly encourages using standardized, tested canning recipes.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Selling baked goods in Wisconsin: permit, cost, and where to sell
Do I need a permit to sell baked goods from home in Wisconsin?
Wisconsin does not require a state-issued permit for cottage food.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
The program is run by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Division of Food and Recreational Safety.
Source: DATCP — Licenses and Homemade Baked Goods flyer (P-DFRS0222, 05/2025) · Verified Oct 21, 2026
How much does a Wisconsin cottage food license cost?
Wisconsin does not charge a state cottage food license fee.
Source: DATCP — Home-Canned Foods · Verified Oct 21, 2026
Is there a limit on how much I can sell in Wisconsin?
Wisconsin sets no overall annual sales cap for cottage food.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Where can I sell baked goods in Wisconsin?
In person: Yes; farmers markets: Yes; online orders within Wisconsin: Not addressed; shipping to other states: No — not authorized; delivery within Wisconsin: Not addressed; sales to stores or for resale: No.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Home bakers: the court orders apply only when the home baker sells directly to consumers; DATCP says a business wholesaling baked goods must be licensed. DATCP's baked-goods guidance does not address internet sales, delivery, or shipping. Home-canned foods: only retail sales direct from producer to consumer, only at community or social events, flea markets, or farmers markets in Wisconsin; DATCP says sales out of your home, wholesale, on consignment, via the internet, or out of state are not permitted, nor are pickle bill products sold along with licensed foods.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Do I need training or a kitchen inspection in Wisconsin?
Wisconsin does not require food safety training.
Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026
Wisconsin does not require a home kitchen inspection.
Source: DATCP — Selling Home-Canned Foods: Do It Safely and Legally (FD-PUB-61, 12/2022) · Verified Oct 21, 2026
Labeling baked goods in Wisconsin
Wisconsin's cited labeling rules list 6 requirements. The full list is in the Wisconsin labeling guide.
Source: DATCP — Home-Canned Foods · Verified Oct 21, 2026
Other foods in Wisconsin
- Selling jams & jellies in Wisconsin · Yes
- Selling candy & confections in Wisconsin · No
- Selling honey in Wisconsin · Unclear
- Selling pickles & fermented foods in Wisconsin · Yes, with limits
- Selling dried goods & mixes in Wisconsin · No
- Selling coffee & tea in Wisconsin · No