Wisconsin Cottage Food Label Requirements
Home-canned acidic foods licence exemption ("Pickle Bill") — Wis. Stat. § 97.29(2)(b) (2009 Wis. Act 101); home-baked goods sold under the Kivirist v. DATCP court orders (Lafayette County Case No. 2016CV06, 2017) — no statute
Registration
Not required
Home-canned acidic foods: no licence; DATCP says the former registration requirement no longer applies. Home-baked goods: no licence or inspection — court orders (2017 Lafayette County Circuit Court; clarified later) bar DATCP from enforcing licensing against home bakers of non-potentially-hazardous baked goods sold directly to consumers. Anything else made at home (candy, granola, dehydrated foods, refrigerator pickles, pH > 4.6 canned goods, fish, meat, pickled eggs, lemon curd, pesto, dressings) still needs a DATCP food processing plant or retail food licence (ATCP 70 / ATCP 75).
Annual sales limit
less than $5,000 per year from the sale of home-canned foods (Wis. Stat. § 97.29(2)(b)2.c.; DATCP: per person). No cap is stated for home-baked goods sold under the court orders (DATCP's home-baker page and flyer mention none — argument from silence).
Where you can sell
Home-canned foods: retail only, direct producer-to-consumer, only at community or social events, flea markets or farmers markets in Wisconsin — not from the home, not wholesale, not on consignment, not online or by mail, not out of state. Home-baked goods: direct sales to consumers only; wholesaling requires a licence (DATCP). Both Wisconsin-only in practice.
The required label statement
This product was made in a private home not subject to state licensing or inspection.
Required on each container of home-canned food sold under Wis. Stat. § 97.29(2)(b)2.e. — the statute writes the sentence in sentence case with a closing period. No type size, font, colour or placement is fixed. A separate sign at the point of sale must read "These canned goods are homemade and not subject to state inspection." Home-BAKED goods sold under the court orders carry NO state-mandated statement or label — DATCP's May 2025 flyer lists none; if you print this sentence on baked goods it is voluntary.
What must be on your label
- HOME-CANNED FOODS (Wis. Stat. § 97.29(2)(b)2.e.): name and address of the person who prepared and canned the food product, on each container
- HOME-CANNED FOODS: the date on which the food product was canned (§ 97.29(2)(b)2.e.)
- HOME-CANNED FOODS: the statement "This product was made in a private home not subject to state licensing or inspection." (§ 97.29(2)(b)2.e.)
- HOME-CANNED FOODS: a list of ingredients in descending order of prominence; any ingredient originating from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts or soybeans must be listed by its common name (§ 97.29(2)(b)2.e.; DATCP adds sesame per federal law)
- HOME-CANNED FOODS: a sign at the place of sale stating "These canned goods are homemade and not subject to state inspection." (§ 97.29(2)(b)2.d.)
- HOME-CANNED FOODS: only pickles or other processed vegetables or fruits with an equilibrium pH of 4.6 or lower (DATCP examples: jams, jellies, salsa, sauerkraut, kimchi, chutney, applesauce); sold at retail only at a community or social event or a farmers' market in Wisconsin (DATCP also lists flea markets); not from home, online, wholesale, on consignment or out of state; less than $5,000 per year (§ 97.29(2)(b)2.a.–c.)
- HOME-BAKED GOODS (Kivirist court orders, DATCP 'Licenses and Homemade Baked Goods' flyer 05/2025): no state label requirement is stated; only non-potentially-hazardous baked goods (dry heat above 140°F in a closed chamber) sold directly to consumers; wholesale requires a licence; federal labeling rules may apply to packaged food
Example: a Wisconsin label for a bag of butter cookies
An illustrative worksheet with the lines Wisconsin requires, and placeholders for your own details. It is not an approved product label or a tested recipe. Replace the ingredients and the measured package quantity with your actual product information.
Butter cookies
[Your business name]
[Your address, city, WI, ZIP]
Ingredients: Wheat flour [supplier sub-ingredients], sugar, butter [supplier sub-ingredients], eggs, salt.
Contains: Wheat, Milk, Eggs.
Date canned: [date of this batch]
This product was made in a private home not subject to state licensing or inspection.
The example ingredient order follows the input weights in our butter-cookie recipe. It does not establish the weight of a finished bag. Any additions or supplier sub-ingredients must be reflected in your own label. The statement's size on this web page is not a print-size check; compare the printed label with the rule above.
Before you print
- Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
- Check the allergen declaration, the filled package's net quantity, and producer details.
- Include the Wisconsin statement and check its size on the final printed label.
- Review the whole package, including any required information placed outside the Nutrition Facts panel.
Wisconsin cottage food label questions
- Does a Wisconsin cottage food label need a home-kitchen statement?
- Yes. The label must say "This product was made in a private home not subject to state licensing or inspection.". Required on each container of home-canned food sold under Wis. Stat. § 97.29(2)(b)2.e. — the statute writes the sentence in sentence case with a closing period. No type size, font, colour or placement is fixed. A separate sign at the point of sale must read "These canned goods are homemade and not subject to state inspection." Home-BAKED goods sold under the court orders carry NO state-mandated statement or label — DATCP's May 2025 flyer lists none; if you print this sentence on baked goods it is voluntary.
- Do I need a license or registration to sell cottage food in Wisconsin?
- No. Home-canned acidic foods: no licence; DATCP says the former registration requirement no longer applies. Home-baked goods: no licence or inspection — court orders (2017 Lafayette County Circuit Court; clarified later) bar DATCP from enforcing licensing against home bakers of non-potentially-hazardous baked goods sold directly to consumers. Anything else made at home (candy, granola, dehydrated foods, refrigerator pickles, pH > 4.6 canned goods, fish, meat, pickled eggs, lemon curd, pesto, dressings) still needs a DATCP food processing plant or retail food licence (ATCP 70 / ATCP 75).
- Is there a sales limit for Wisconsin cottage food?
- Yes: less than $5,000 per year from the sale of home-canned foods (Wis. Stat. § 97.29(2)(b)2.c.; DATCP: per person). No cap is stated for home-baked goods sold under the court orders (DATCP's home-baker page and flyer mention none — argument from silence)..
- Where can I sell cottage food in Wisconsin?
- Home-canned foods: retail only, direct producer-to-consumer, only at community or social events, flea markets or farmers markets in Wisconsin — not from the home, not wholesale, not on consignment, not online or by mail, not out of state. Home-baked goods: direct sales to consumers only; wholesaling requires a licence (DATCP). Both Wisconsin-only in practice.
- Does a Wisconsin cottage food label need a date?
- Yes. Wisconsin prints the date canned on every package, so the label changes with each batch.
- Does a Wisconsin cottage food label need a Nutrition Facts panel?
- Not by state cottage-food law unless a nutrient content or health claim is made; the federal small-business exemption usually applies. If you choose to print a panel, it has to be complete and correctly formatted.
Worth knowing
- Wisconsin has no general cottage-food statute. Two narrow regimes exist: (1) the statutory 'pickle bill' exemption for high-acid home-canned fruits and vegetables, which DOES prescribe a label; (2) home-baked goods, legal only because of court orders in Kivirist v. DATCP (2017, extended to all non-potentially-hazardous baked goods), with NO label law. DATCP's Nov 19, 2024 Court of Appeals note: a Dec 2022 order that had extended the ruling to other non-hazardous home foods (candy etc.) was reversed, so only baked goods and canned acidic foods may be sold without a licence.
- 2025–26 session: SB 739 / AB 748 (a $40,000 cottage-food exemption with DATCP registration) did not pass before the session ended (status 'failed to pass pursuant to Senate Joint Resolution 1' per bill trackers; not confirmable on docs.legis.wisconsin.gov from our network). No new cottage-food law is in force as of 2026-10-19.
- Date of canning is mandatory on every home-canned label — the generator must collect it. No telephone number, no registration number.
- The home-canned label list does not mention the product name or net weight; the builder treats them as optional for Wisconsin and federal rules may still apply.
- Sourcing caveat (2026-10-19): docs.legis.wisconsin.gov refused connections from our network; the text of § 97.29(2)(b) (2025 Biennium statutes) was verified via an archived capture of the official page dated 2026-09-05, and cross-checked against DATCP's live Home-Canned Foods page. The bill-status page for SB 739 could not be opened.
Verified against official Wisconsin sources on 2026-10-19. Official source. This page is not legal advice — confirm requirements with your state.
Turn the requirements into your label
- Put ingredients and sub-ingredients in order
- Review the allergen declaration
- Declare the net contents of one package
- Check Nutrition Facts exemptions and their limits
Labelara offers free nutrition calculation and preview, with paid print-ready exports. Read the calculation methodology before using the results. Creating a label does not approve your product or business for sale.