Labelara

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

  1. Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
  2. Check the allergen declaration, the filled package's net quantity, and producer details.
  3. Include the Wisconsin statement and check its size on the final printed label.
  4. 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

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.

Create a label with the Wisconsin statement included