Yes, selling homemade food is legal in Wisconsin under specific conditions outlined in the state’s food code and local ordinances. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) permits cottage food operations, exempting certain low-risk foods from commercial licensing if sold directly to consumers. However, compliance with labeling, sales limits, and prohibited items is mandatory.
Key Regulations for Selling Homemade Food in Wisconsin
- Cottage Food Exemption: Permits the sale of non-perishable foods (e.g., baked goods, jams, granola) without a commercial kitchen license, provided they are sold directly to consumers at farmers markets, online, or from home. Perishable items (e.g., cheesecakes, custards) are prohibited under this exemption.
- Labeling Requirements: All cottage foods must include the producer’s name/address, ingredients (including allergens), net weight/volume, and the statement: “This food is home-produced and not subject to state inspection.” Labels must comply with FDA standards under 21 CFR Part 101.
- Sales Restrictions: Cottage foods may not be sold wholesale to retailers or restaurants. Annual gross sales are capped at $75,000 (adjusted for inflation in 2026 per DATCP’s inflationary adjustments). Violations risk fines or mandatory licensing under ch. ATCP 70.
Local health departments (e.g., Milwaukee County, Dane County) may impose additional zoning or permitting rules. For expanded operations, a home-based vendor license or shared kitchen rental may be required. Consult DATCP’s Cottage Food Operator Guide for updates post-2026 compliance shifts.