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Wisconsin cottage food label rules

What has to be on the label when you sell homemade baked goods in Wisconsin, and the limits that matter at a market. Checked September 2026.

Another state Mostly confirmed. Check the open points below

Your label must include

Wisconsin sets no label checklist for these sales. Read the notes below for what you still have to tell buyers.

Required statement

No exact statement is set by law here.

DATCP guidance for home bakers states no labeling requirement and no required statement. Only oven-baked, non-potentially hazardous goods qualify; unbaked items such as fudge or candy are NOT covered after the 2024 appellate ruling.

Key limits in Wisconsin

Permit: None for home bakers who sell non-potentially hazardous, oven-baked goods directly to consumers (a seller’s permit for sales tax may apply).
Training: none
Sales cap: none
Where you can sell: Direct to consumers only (e.g., farmers markets, from home, events); wholesaling to stores, restaurants or other resellers requires a license.
Online & shipping: DATCP guidance does not address online orders, delivery or shipping; sales must stay within Wisconsin and go directly to the consumer.
Law: No cottage food statute. Home baking is legal under a court order: Kivirist et al. v. DATCP (Lafayette County Circuit Court, 2017) bars enforcement of Wis. Stat. §§ 97.29/97.30 licensing against home bakers. Court of Appeals 2024 WI App 69 (Nov. 2024) reversed the later ruling for unbaked foods; 2025 bills AB 748 / SB 739 were not enacted

What we could not confirm (4)

Whether general Wisconsin packaged-food labeling law (Wis. Stat. ch. 97 misbranding / federal labeling) applies to unlicensed home bakers; DATCP gives no labeling guidance, so a label with name, address, ingredients and allergens is advisable but not confirmed as required
Online/phone orders, delivery and in-state shipping: not addressed officially
Final status of AB 748 / SB 739 (2025-26): SB 739 was last seen in committee after a Jan 2026 hearing, presumed dead at session end but not confirmed; AB 748 would have added registration, a $40,000 cap and the label ‘This product was made in a private home.’
DATCP page date for Supreme Court denial (shown as April 10, 2024) appears inconsistent with the Nov 2024 appellate date

Check with: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Division of Food & Recreational Safety

Last change to the law: Baked goods: court order effective Oct 2, 2017 (unchanged). Unbaked foods: 2024 WI App 69 (Nov 2024), Wisconsin Supreme Court denied review in 2025. DATCP guidance updated 05/2025

Sources

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This page is general information, not legal advice. Rules change and counties can add their own. Confirm with Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), Division of Food & Recreational Safety before you print. Spotted something out of date? Tell us.

Wisconsin cottage food label rules

Your label must include

Required statement

Set up this label once. Print it for every cookie.

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