Cottage food label requirements in Wisconsin
Home bakers license exemption (court order), Kivirist v. DATCP, Lafayette County Case No. 2016CV06 (court orders; no statute). Regulated by Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Checked against state sources on .
The statement your label needs
No fixed statement found in Wisconsin’s rules
No type-size rule stated for the statement; keep it clearly legible.
What is different in Wisconsin
- Exemption rests on a 2017 circuit court ruling, not a statute
- Dec. 28, 2022 order extending to other non-hazardous foods was reversed by Court of Appeals Nov. 19, 2024
- Finished product must not be potentially hazardous
- Wholesaling baked goods requires a license
- DATCP warns ongoing litigation may change these rules
- Permit
- No permit or registration for most baked goods. No license under 2017 Lafayette County Circuit Court order for home bakers selling non-potentially hazardous baked goods directly to consumers. No statute; wholesaling requires a license.
- Sales cap
- No annual sales cap found in state sources
- Where you can sell
- Directly to consumers only.
- Online orders
- Not addressed clearly by state sources
- Ship in state
- Not addressed clearly by state sources
- Ship out of state
- Not addressed clearly by state sources
- Sell to shops / cafés
- No
- Allowed foods
- Non-potentially hazardous baked goods (generally exposed to dry heat; dehydrated items are not baked goods). Other non-baked shelf-stable foods not covered after the Nov. 19, 2024 Court of Appeals reversal.
What a Wisconsin cottage food label must show
Wisconsin’s sources do not list label elements. Use the federal basics as your checklist: the product’s common name, ingredients in descending order by weight, the major food allergens, net quantity, and the name and address of the business (21 CFR 101).
Federal rules still apply on top: ingredients in descending order by weight (21 CFR 101.4), the nine major allergens declared by name (FALCPA and the FASTER Act), and net quantity in ounces and grams (21 CFR 101.7). Wisconsin’s sources do not clearly address online orders — ask the agency before you set up a web shop. Shipping within the state is not clearly addressed, and shipping to other states is not addressed (selling across state lines also brings in federal rules).
Make a Wisconsin label now
The Wisconsin statement is already on it. Type your ingredients, tick the allergens and print on Avery sheets or a thermal roll. To have the ingredient order and allergens worked out from a costed recipe, use the workbench.
Still missing: business name and address.
Print at 100% scale with no margins. Check the result against Wisconsin’s rules above before selling.
True size. Wisconsin sets no fixed statement in our sources.
Wisconsin cottage food questions
What statement has to be on a Wisconsin cottage food label?
Our Wisconsin sources set no fixed home-kitchen statement. You still need the federal basics: product name, ingredients by weight, allergens, net quantity, and your name and address.
Do I need a permit to sell baked goods from home in Wisconsin?
No permit or registration for most baked goods. No license under 2017 Lafayette County Circuit Court order for home bakers selling non-potentially hazardous baked goods directly to consumers. No statute; wholesaling requires a license.
Is there a sales limit for cottage food in Wisconsin?
No annual cap appears in the state sources we checked. No cap stated by DATCP or the court order; pending bill AB 748 (2025-26) would have set caps but was not enacted as far as found.
Can I sell cottage food online or ship it in Wisconsin?
Wisconsin’s sources do not clearly address online orders — ask the agency before you set up a web shop. Shipping within the state is not clearly addressed, and shipping to other states is not addressed (selling across state lines also brings in federal rules).
Sources
- Wisconsin DATCP: Home Bakers (agency)
- Wisconsin DATCP: Licenses and Homemade Baked Goods flyer (05/2025) (agency)
Checked October 17, 2026. This is a checklist built from the sources above, not legal advice. Rules change; your county or the agency has the final word. Spotted something out of date? The about page explains how we check.
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