Wisconsin Cottage Food Law: Labeling and Sales Guide
Cottage food regulations for Wisconsin — sales limits, allowed and prohibited products, labeling requirements, and where you can sell direct-to-consumer.
Quick Answer
Wisconsin has two separate cottage food carve-outs. The "Cookie Bill" — a 2017 court injunction (Kivirist v. DATCP), not a statute — lets producers sell shelf-stable, non-hazardous baked goods directly to consumers with no license and no sales cap. The "Pickle Bill" (2009 Wis. Act 101) allows high-acid canned goods (pH 4.6 or lower) sold at farmers markets and community events, with a $5,000 annual cap. As of mid-2026, a reform bill proposing a $40,000 cap had not become law.
Wisconsin Cottage Food Law: At a Glance
| Law / Program | Wisconsin Cottage Food (Cookie Bill + Pickle Bill) |
| Enacted / Last Amended | Pickle Bill 2009 (Wis. Act 101); Cookie Bill via 2017 court ruling (Kivirist v. DATCP) |
| Annual Sales Limit | No cap on baked goods; $5,000/year cap on high-acid canned goods (Pickle Bill) |
| Statute Citation | Wis. Stat. § 97.29; 2009 Wis. Act 101; Lafayette Co. Cir. Ct., Kivirist v. DATCP (2017) |
| Enforcing Agency | Wisconsin Dept. of Agriculture, Trade and Consumer Protection (DATCP) |
Allowed Cottage Food Products
- ✓Shelf-stable baked goods (cookies, breads, muffins, cakes with buttercream or fondant)
- ✓High-acid canned goods under the Pickle Bill (pickles, salsas, jams, jellies; pH 4.6 or lower)
- ✓Honey (separate statute)
- ✓Maple syrup (separate statute)
Products NOT Permitted Under Cottage Food
- ✗Potentially hazardous (TCS) foods
- ✗Meat, poultry, and fish products
- ✗Low-acid canned goods
- ✗Refrigerated items and cream/custard fillings
Where You Can Sell
- •Baked goods: direct-to-consumer statewide (including in-state online handoff)
- •Pickle Bill canned goods: farmers markets and community events only
- •Local fairs and festivals
- •NOT permitted: wholesale or resale
- •NOT permitted: interstate shipping
Wisconsin Cottage Food Labeling Requirements
- 1Producer or business name and contact information
- 2Product name
- 3Ingredient list in descending order (including allergens)
- 4Net weight or volume
- 5Disclaimer: "This product was made in a private home not subject to state licensing or inspection."
Wisconsin Cottage Food FAQs
Is the Wisconsin Cookie Bill a law?
Not a statute — it is a 2017 Lafayette County Circuit Court injunction (Kivirist v. DATCP) that bars DATCP from requiring a license for direct-to-consumer sales of shelf-stable baked goods. The legislature has not codified it.
What is the Pickle Bill cap?
High-acid canned goods (pH 4.6 or lower) are capped at $5,000 in annual sales and may be sold only at farmers markets and community events under 2009 Wis. Act 101.
Is there a sales cap on baked goods in Wisconsin?
No. Under the Cookie Bill ruling, shelf-stable baked goods have no sales cap. A proposed 2026 reform would impose a $40,000 cap, but it was not law as of mid-2026.
Do I need a license to sell cookies in Wisconsin?
No license is required for direct-to-consumer sales of shelf-stable, non-hazardous baked goods under the Cookie Bill injunction.
Can I sell my baked goods to stores in Wisconsin?
No. Both carve-outs are limited to direct-to-consumer sales (and, for canned goods, only at markets and events). Wholesale requires commercial licensing.
Related Guides for Cottage Food Producers
Homemade Food Labels
What's required on cottage food labels even when nutrition facts panels are exempt.
FDA Small Business Exemption
When the FDA waives nutrition label requirements — federal rules layered on top of state cottage food laws.
Allergen Labeling Rules
FALCPA + FASTER Act: the 9 major allergens that must be disclosed on every food label — including cottage food.
Scaling Beyond Cottage Food?
When you exceed your state's cottage food limit or move to retail distribution, you need a full FDA Nutrition Facts label. Generate one free in 3 minutes.
Open Free Generator