Wisconsin Cottage Food Law: Home-Canned Foods Guide
This guide provides a detailed overview of Wisconsin’s cottage food law as it applies to home-canned (acidified) foods. Based exclusively on official DATCP sources, it covers legal sales limits, labeling, sanitation, and practical steps for entrepreneurs.
Quick Facts
| Requirement | Wisconsin |
|---|---|
| Annual Sales Limit | $5,000 per year |
| License Required | No license or registration required |
| Registration Required | None for home‑canned acidified foods |
| Home Inspection | No inspection required |
| Food Safety Training | No formal requirement, education strongly encouraged |
| Labeling Required | Name/address, canning date, ingredients/allergens, disclaimer statement |
| Online Sales | No (retail direct only) |
| Delivery | No |
| Shipping | No (exempt only applies to in‑person sales) |
Overview / Introduction
Wisconsin allows limited retail sales of home-canned (acidified) foods without requiring licensing or inspection under a law often referred to as the “pickle bill.” This exception applies only if the products meet specific criteria, such as an equilibrium pH of 4.6 or lower. The current provisions reflect recent regulatory changes by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
Sales Limits
• You may sell no more than $5,000 in sales per year of qualifying home-canned acidified products.
• Sales must be retail only, meaning direct from producer to consumer.
• Allowed sales venues include community or social events in Wisconsin, such as bazaars or farmers’ markets.
Licensing & Registration
• No license or registration is required to sell home-canned acidified foods if they meet the pH criteria. This includes both naturally acidic and properly acidified products. Previously, registration with DATCP was necessary, but that requirement has been removed.
• Emphasize: “These canned goods are homemade and not subject to state inspection.” must be displayed on a sign at the point of sale.
Training Requirements
• While not legally required, you are urged to educate yourself about proper food safety procedures. Resources include the Ball Blue Book, The Ball Complete Book of Home Preserving, Ball Corp., the National Center for Home Food Preservation, and University of Wisconsin‑Extension.
• Alternatively, use recipes reviewed by someone recognized by DATCP’s Division of Food Safety as an authority on canning.
Home Kitchen Inspection
• No inspection is required for home kitchens used to produce qualifying home‑canned acidic foods. However, customers still expect good hygiene and sanitation.
Allowed Foods
• Allowed products include home‑canned fruits and vegetables that are naturally acidic or acidified via pickling or fermenting, with an equilibrium pH of 4.6 or lower.
• Examples: pickled fruits and vegetables (not refrigerator pickles), sauerkraut, salsas, chutneys, jams and jellies, applesauce.
Prohibited Foods
• Any home‑canned foods not meeting the pH requirement (above 4.6) are prohibited.
• Refrigerator‑style pickles (not shelf‑stable) are not allowed under the exemption.
Labeling Requirements
Required labeling includes:
- Name and address of the person who did the canning
- Date of canning
- Statement: “This product was made in a private home not subject to state licensing or inspection.”
- All ingredients, in descending order by weight, including common names of major allergens (e.g., milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame)
Also, a sign at point of sale must state: “These canned goods are homemade and not subject to state inspection.”
Where You Can Sell
You may sell approved home‑canned acidic products retail direct to consumers only. Permitted venues include community or social events, like bazaars, and farmers’ markets located in Wisconsin. Online sales, shipping, wholesale or out‑of‑state sales are not covered by this exemption.
Sales Tax
No information on sales tax requirements for these products is provided in the source. Entrepreneurs should verify current state and local tax obligations separately.
Special Exemptions
This guide covers only the specific exemption for home‑canned acidified foods (commonly acidified or naturally acidic with pH ≤ 4.6).
Other cottage food categories (e.g., baked goods, honey) are not addressed in the single provided source and may be subject to separate rules.
Getting Started
- Choose recipes that yield a pH of 4.6 or lower—e.g., salsas, chutneys, jams.
- Test pH: Use a calibrated pH meter—short-range litmus paper may suffice only for products normally at pH ≤ 4.0.
- Label your product correctly: include name/address, date, full ingredient list with allergen labeling, and the required disclaimer.
- Create a point‑of‑sale sign stating: “These canned goods are homemade and not subject to state inspection.”
- Sell only up to $5,000 per year, directly to consumers at qualifying events in Wisconsin.
- Maintain records (while not legally required, it's a best practice): batch recipes, ingredients, canning dates, sales dates/locations, gross receipts, and pH test results.
- Study reputable resources on safe canning procedures (Ball books, National Center for Home Food Preservation, UW‑Extension).
Official Resources
- Wisconsin DATCP Home‑Canned Foods page (details exemption, labeling, sales limits)
- UW‑Extension and National Center for Home Food Preservation (safe canning practices) (While only the DATCP page is among the approved sources, UW‑Extension and preserving centers are recommended educational resources, though unlinked here.)
Official Sources
This guide was compiled from the following official sources:
Important Notes
⚠️ This guide applies only to home‑canned acidified foods under Wisconsin’s ‘pickle bill.’ It does not cover baked goods, honey, or other cottage foods.
⚠️ Sales tax requirements are not addressed here—verify with Wisconsin Department of Revenue or local municipalities.
⚠️ Legal rules may change—always check the current DATCP website for updates.