Cottage Food Law /US
A structured reference to state cottage food rules

Guide · Selling from home

Can I sell pickles & fermented foods from home in Wisconsin?

Informational only, not legal advice.

Yes, with limits — Wisconsin allows some pickles & fermented foods but prohibits others.

"With limits" means Wisconsin's allowed list and its prohibited list both name pickles & fermented foods items. Check which list your product is on.

What Wisconsin's food lists say about pickles & fermented foods

On the allowed list

  • Home-canned fruits and vegetables that are naturally acidic or acidified by pickling or fermenting, with a pH of 4.6 or lower: pickled fruits and vegetables (not refrigerator pickles), salsas and chutneys, sauerkraut and kimchi

Source: DATCP — Licenses and Homemade Baked Goods · Verified Oct 21, 2026

On the prohibited list

  • Fish, meat, pickled eggs, lemon curd, pesto, or dressings, regardless of pH

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 pickles & fermented foods

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

Selling pickles & fermented foods in Wisconsin: permit, cost, and where to sell

Do I need a permit to sell pickles & fermented foods 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 pickles & fermented foods 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 pickles & fermented foods 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