Can You Sell Baked Goods From Home in Wisconsin?

Yes, but Only Certain Products

Wisconsin allows the sale of home-baked goods without a license, thanks to the Kivirist v. DATCP court ruling from 2017. But the exemption is narrower than it sounds — it covers oven-baked, shelf-stable products only. Refrigerated foods, unbaked items, and anything that requires temperature control for safety are completely excluded.

Here's what qualifies: cookies, breads, muffins, rolls, cupcakes, double-crust fruit pies, custom decorated cakes (with qualifying frosting), oven-baked granola, macarons, and similar items that come out of an oven and don't need refrigeration.

Here's what doesn't: cheesecakes, cream-filled pastries, custard pies, anything with fresh fruit toppings that require cold storage, and — critically — any product that isn't baked. Chocolate, fudge, candy, no-bake cookies, dry mixes, and roasted coffee beans are all banned from home production under a 2024 appellate court ruling, after the Wisconsin Supreme Court denied review in April 2025.

What "Selling From Home" Actually Means

Under the Kivirist exemption, "selling from home" encompasses more channels than your front porch:

• Home pickup — customers come to you
• Local delivery — you bring the order to the customer within Wisconsin
• Farmers markets and community events — most popular sales channel for home bakers
• In-state online pre-orders — you can take orders through a website, social media, or platforms like MyPorch, as long as fulfillment stays within Wisconsin

What you cannot do is ship baked goods across state lines, sell wholesale to grocery stores or cafes, or place products on consignment in retail shops. Every transaction must be direct-to-consumer.

No License, No Cap, No Registration

Unlike many states that impose annual revenue caps on cottage food businesses, Wisconsin's baking exemption has no sales ceiling. You could theoretically earn $100,000 selling cookies from your kitchen and remain fully legal, as long as every product is oven-baked, shelf-stable, and sold directly to the end consumer within state lines.

There's also no registration with DATCP, no annual license renewal, and no mandatory home kitchen inspection. The exemption is automatic for anyone whose products qualify.

What About Jams, Pickles, and Canned Goods?

These fall under a completely separate regulation — the Pickle Bill (Wis. Stat. § 97.29(2)(b)2). Home-canned, high-acid foods with a pH of 4.6 or below can be sold unlicensed, but with heavy restrictions: a gross-revenue limit of less than $5,000 per person per calendar year, sales limited to farmers markets, flea markets, and community events only, and absolutely no home pickup, online sales, or delivery.

So if you bake pies and also make jam, the pies operate under the baking exemption (no cap, broad sales channels) while the jam operates under the Pickle Bill (capped, restricted venues). Each product line follows its own set of rules.

The Business Setup You Still Need

Exemption from food licensing doesn't exempt you from basic business requirements:

• Seller's permit from the Wisconsin Department of Revenue ($20 BTR fee) if you sell any taxable items
• Labels with ingredients, allergen disclosures, and the verbatim statement: "This product was made in a private home not subject to state licensing or inspection."
• Product liability insurance if you plan to sell at farmers markets — most markets require it regardless of your exempt status

For the full product classification system, labeling templates, and a compliance checklist covering every sales channel, the Wisconsin Cottage Food & Home Food Business Guide breaks down the rules product by product.

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