Cottage Food Law Map › State guides › Wisconsin

Home food business guide · Last reviewed October 2026

Cottage Food Laws in Wisconsin

Wisconsin has no annual sales cap on most home food sales (No cap (shelf-stable foods); $5,000 (home-canned)). No state food permit is required for cottage food, though local requirements may still apply. Foods that need refrigeration have to be made in a commercial kitchen. Of the 40 common products in our finder, 11 can be made in a home kitchen in Wisconsin, many with conditions, and 7 more with a special license or program.

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Quick facts

Sales cap
No cap (shelf-stable foods); $5,000 (home-canned)
Permit or registration
None
Online & shipping
Direct sales in Wisconsin; no internet sales of canned goods
Sell through stores
No
Refrigerated & TCS foods
No; buttercream and custard fillings need a license

Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.

Check a product in the interactive mapPrint a one-page handout

Wisconsin ranks 40th of 51 in our Cottage Food State Rankings, with a score of 47 out of 100.

To see how many items you can sell before the cap, try the pricing and sales cap calculator. When you're ready to grow, read Outgrowing cottage food.

What can you make at home in Wisconsin?

How 40 common products are treated in Wisconsin, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.

Allowed from a home kitchen

Home kitchen, with a special license or program

  • Strawberry jam. Fruit jams and jellies are covered by the home-canned foods exemption.
  • Pepper jelly. Acidified canned foods at pH 4.6 or below are covered by the home-canned exemption.
  • Shelf-stable salsa. Salsas and other acidified canned foods at pH 4.6 or below are covered by the home-canned exemption.
  • Hot sauce. Salsas and other acidified canned foods at pH 4.6 or below are covered by the home-canned exemption.
  • Canned pickles. Canned pickles at pH 4.6 or below are covered (refrigerator pickles aren't).
  • Sauerkraut & kimchi. Sauerkraut and kimchi are covered by the home-canned exemption.
  • Canned tomato sauce. Acidified canned tomato products at pH 4.6 or below are covered by the home-canned exemption.

Needs a commercial kitchen

  • Pumpkin pie. Custard and cream fillings need a license and a commercial kitchen.
  • Cheesecake. Cheesecake needs a license and a commercial kitchen.
  • Cake with buttercream. UW Extension lists buttercream frosting among items that need a license.
  • Cake with cream cheese frosting. Frostings that need refrigeration need a license.
  • Meat tamales. Meat products need a license.
  • Fresh salsa (refrigerated). Refrigerated foods need a license.
  • Garlic or herb-infused oil. Pesto, dressings, and similar products need a license.
  • Home-cooked meals. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Prepared meals need refrigeration, so they're made in a permitted commercial kitchen.
  • Kombucha. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Fermented beverages need a commercial kitchen, and producers monitor alcohol, since at 0.5% ABV or more it is treated as an alcoholic beverage.

Regulated separately

  • Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
  • Cheese & yogurt. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Dairy products are licensed separately, through the state's dairy program.
  • Cold-pressed juice. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Juices aren't home-kitchen foods. Wholesale juice needs a Juice HACCP plan with a 5-log pathogen reduction.

Ask the agency first

  • Macarons. The cookie is shelf-stable, but buttercream fillings need a license.
  • Fruit tamales. Not clearly addressed in the state's guidance; ask the agency.
  • Low-sugar or freezer jam. Not clearly addressed in the state's guidance; ask the agency.
  • Marshmallows. Not clearly addressed in the state's guidance; ask the agency.
  • Nut butter. Not clearly addressed in the state's guidance; ask the agency.
  • Pure honey. Not clearly addressed in the state's guidance; ask the agency.
  • Infused honey. Not clearly addressed in the state's guidance; ask the agency.
  • Vanilla extract. Not clearly addressed in the state's guidance; ask the agency.
  • Fruit-infused vinegar. Not clearly addressed in the state's guidance; ask the agency.
  • Mustard (no egg). Not clearly addressed in the state's guidance; ask the agency.

How to start selling from home

  1. Since a December 2022 court ruling, you can sell home-made, shelf-stable foods directly to Wisconsin consumers without a license.
  2. Check that the product doesn't need refrigeration. Cream or custard fillings, buttercream, and cheesecake need a license.
  3. Sell directly to consumers in Wisconsin.
  4. Label all allergens clearly.

Legal paths

Home-made shelf-stable foods

Where
Your home
Sell
Directly to consumers in Wisconsin
Sales cap
None stated
Paperwork
None

Home-canned foods exemption

Where
Your home
Sell
Only at community events, flea markets, and farmers markets in Wisconsin. No home, internet, or wholesale sales.
Sales cap
$5,000 a year per person
Paperwork
None; pH testing recommended

Commercial kitchen

Where
A licensed commercial kitchen
Sell
Refrigerated foods, wholesale, and out-of-state sales
Sales cap
None
Paperwork
DATCP license; usually FDA registration

Commercial canning

Where
Licensed commercial facility
Sell
Canned foods above the $5,000 limit or outside allowed venues
Sales cap
None
Paperwork
DATCP license, process authority review, FDA scheduled-process filing

Label requirements

Wisconsin's no-license baked goods and shelf-stable foods have no set label format beyond clear allergen labeling. Home-canned foods have these requirements:

Turning a recipe into a product?

Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.

Sources

Based on: DATCP and UW–Madison Extension. Reviewed October 2026; rules may have changed since.

Other states: West Virginia · Wyoming · all 50 states + DC

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