Can You Sell Jam, Salsa, or Fermented Foods From Home in Wisconsin?

Jam and Salsa: Different Rules Apply

You can sell homemade jam in Wisconsin — but not from your home. And salsa depends entirely on its pH.

Both fall under the Pickle Bill (Wis. Stat. § 97.29(2)(b)2), which is a completely separate framework from the Kivirist baking exemption. Where home bakers can sell from their kitchen, accept online orders, and deliver locally with no revenue cap, home canners face strict venue restrictions and a gross sales limit of less than $5,000 per person per calendar year.

What Qualifies Under the Pickle Bill

The statute allows unlicensed production and sale of home-canned fruits and vegetables that are naturally acidic or acidified through pickling or fermentation, with an equilibrium pH of 4.6 or lower.

Products that typically qualify:

• Fruit jams, jellies, and preserves (strawberry, blueberry, apple butter)
• Applesauce
• Pickled cucumbers, green beans, beets, and other vegetables
• Sauerkraut and kimchi (fermented to pH ≤ 4.6)
• Fruit salsas with sufficient natural acidity
• Pickled peppers and relishes

Products that don't qualify:

• Tomato-based salsa that tests above pH 4.6
• Pesto, hummus, or any oil-based preparation
• Pickled eggs (animal products are excluded)
• Lemon curd (excluded regardless of pH)
• Low-acid canned vegetables processed without acidification
• Refrigerator pickles (must be shelf-stable, not cold-stored)

pH Testing Is Non-Negotiable

The 4.6 pH threshold is the hard regulatory line. A qualifying fruit or vegetable product that tests at or below it may be sold under the Pickle Bill. Above it, you need a commercial food processing plant license.

Every batch needs verification with a calibrated digital pH meter — test strips are not precise enough for regulatory compliance. Calibrate your meter with pH 4.0 and 7.0 buffer solutions before each testing session.

For fermented products like sauerkraut and kimchi, pH drops over the fermentation period. Test at the point you consider the product finished and ready for sale. Document the reading, date, and batch identifier. This log is your evidence of compliance if a health inspector asks questions at a market.

Some products sit dangerously close to the line. Fresh tomatoes range from pH 4.0 to 4.9 depending on variety and ripeness — a salsa recipe that tests at 4.5 one batch might hit 4.7 the next. For borderline recipes, add citric acid or vinegar to bring the pH safely below 4.6 and retest.

Sauerkraut and Kimchi: Fermented Foods That Work

Naturally fermented vegetables are some of the safest products under the Pickle Bill. Lactic acid fermentation drives the pH well below 4.6 — properly fermented sauerkraut typically reaches pH 3.5–3.8, and kimchi settles around 4.0–4.2.

The key is ensuring fermentation is complete before packaging for sale. Rushing the process or selling partially fermented product risks landing above the pH threshold. Standard kraut fermentation takes 3–4 weeks at room temperature; kimchi varies by recipe but generally reaches stable acidity within 1–2 weeks.

Both products must be shelf-stable at the point of sale. If your recipe requires refrigeration after opening (most fermented vegetables do), that's fine — the requirement is that the sealed product doesn't need temperature control for safety during storage and transport to the customer.

Selling Granola: It Depends on How You Make It

Granola sits at an unusual intersection of Wisconsin's food rules. If you bake your granola in an oven above 140°F and the finished product is shelf-stable, it qualifies under the Kivirist baking exemption — no revenue cap, broad sales channels, no license needed.

But raw-mixed granola, pressed granola bars, or granola assembled without oven exposure falls under the unbaked food ban. After the 2024 Court of Appeals ruling, producing and selling these from a home kitchen is illegal.

The distinction comes down to oven exposure. Spread granola on a sheet pan, bake it, and you're covered. Mix it cold and press it into bars, and you need a commercial kitchen.

Where You Can Sell Canned Goods

Unlike baked goods, Pickle Bill products can only be sold at:

• Farmers markets
• Flea markets
• Community events and bazaars

Home pickup, delivery, online orders, and mail-order shipping are all prohibited for canned goods. Every sale must be face-to-face at a qualifying venue.

The Wisconsin Cottage Food & Home Food Business Guide includes a pH testing batch log and a revenue tracker designed around the under-$5,000 Pickle Bill limit, along with decision trees for classifying every product in your lineup.

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