Cottage Food Laws in Wisconsin
Essential Guide for Home-based Producers
This article is part of our Guide on Cottage Food Laws State By State
Cottage food laws have become increasingly popular across the United States as a way for small-scale entrepreneurs to enter the food industry. These laws permit individuals to create non-perishable, home-cooked foods and sell them within their local community. In Wisconsin, the cottage food laws, also known as the "pickle bill," have been in effect since 2010, allowing residents to benefit from these regulations and establish their own cottage food businesses.
Under Wisconsin's cottage food laws, various types of non-perishable goods can be produced and sold, such as jams, jellies, pickles, and baked goods. These products must be prepared and stored in a safe and sanitary manner, following established food safety guidelines. In addition to maintaining proper health practices, cottage food business owners must also comply with labeling requirements and meet specific income thresholds.
Aspiring entrepreneurs who are interested in starting a cottage food business in Wisconsin should be aware of these regulations and comply with the state's rules in order to successfully establish their venture. By understanding and following the guidelines set forth by the Wisconsin cottage food laws, new business owners can confidently and legally enter the local food market.
Cottage Food Laws in Wisconsin
Cottage Food Laws in Wisconsin regulate the production and sales of homemade food products, enabling small-scale entrepreneurs to start businesses from their homes. These laws provide guidelines on the types of products permitted, as well as safety and labeling standards.
In Wisconsin, cottage food products are referred to as "non-potentially hazardous" since they don't require refrigeration for safety. Examples of these products include baked goods, jams, jellies, pickles, and dried herbs (how long do dried herbs last?). Dairy products, canned fruits and vegetables, and meats are excluded from the cottage food list due to their higher risk of spoilage.
To operate under the cottage food laws, producers must follow specific guidelines. For instance, annual sales are capped at $25,000, allowing the cottage food industry to remain within a small-business framework. Additionally, products must be made in a home kitchen that adheres to specific sanitation practices.
Labeling requirements are also crucial in ensuring consumer safety and transparency. Producers must include the following information on their product labels:
Name and address of the cottage food operation
Product name and ingredients list
Allergen information
Net weight and volume
The statement "This product was made in a private home not subject to state licensing or inspection."
Although Cottage Food Laws in Wisconsin offer a flexible and accessible way for home-based food entrepreneurs to start their businesses, it's important to stay informed and up-to-date on any changes in legislation and guidelines. Staying compliant with the regulations will ensure the continued growth and success of one's cottage food business.
Permitted Foods
Baked Goods
In Wisconsin, cottage food laws permit the sale of various types of baked goods such as cookies, cakes, pies, and breads. These baked goods should be non-potentially hazardous, meaning they do not require refrigeration to maintain their safety. It is essential to clearly label all products with their ingredients, allergen information, and the statement "This product was made in a private home not subject to state licensing or inspection."
Jams and Jellies
Cottage food producers in Wisconsin are also allowed to produce and sell jams and jellies made from fruits, vegetables, or herbs. These products must comply with federal standards for fruit spread production, and should be properly labeled with ingredients, allergen information, and the statement "This product was made in a private home not subject to state licensing or inspection."
Honey and Maple Syrup
Honey and maple syrup (how long does maple syrup last?) production is permitted under Wisconsin's cottage food laws. Producers must ensure proper sanitation and processing practices when handling these products. Honey must be labeled with the producer's name, address, the net weight of honey, and the statement "This product was made in a private home not subject to state licensing or inspection." Similarly, maple syrup should include the producer's name, address, net contents, grade, and the aforementioned statement.
Licensing and Registration
Requirements
In Wisconsin, individuals interested in selling homemade food products under the Cottage Food Laws must follow specific requirements. Firstly, they must only sell non-potentially hazardous foods, including baked goods, jams, jellies, and pickles. Additionally, the annual gross sales of these products must not exceed $25,000.
Before starting their business, food producers must complete a food safety training course that is approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). This course ensures that they are aware of safe food handling practices.
Moreover, they must label their products with specific information, such as the name and address of the producer, the product's name, a list of ingredients, and a statement indicating that the item is homemade and not subject to state food safety inspection.
Fees
Cottage Food producers in Wisconsin are not required to obtain a license or pay any registration fees. However, they may incur costs related to attending the mandatory food safety training course, obtaining necessary equipment for their operation, and creating appropriate labels for their products. These fees should be considered when planning and budgeting for a home-based food business.
Labeling and Packaging
Label Information
In Wisconsin, cottage food producers must ensure their product labels contain accurate and essential information. Labels should include:
The product's name: bold text should be used for product names.
The producer's name and address: it is crucial to provide contact information for accountability and traceability.
A clear and concise list of ingredients: this allows consumers to know what they are consuming and avoids potential allergens.
A statement declaring that the product was made in a home kitchen: use phrases like "Made in a home kitchen not inspected by Wisconsin Department of Agriculture, Trade and Consumer Protection" to indicate the nature of the production.
Package Standards
Wisconsin's cottage food laws require packages to meet specific standards to uphold safety and quality. These include:
Use of food-grade materials: cottage food producers must choose materials that are safe for direct contact with food and do not pose a risk of contamination or chemical leaching.
Proper sealing: a secure, airtight seal prevents the entry of contaminants, maintains freshness, and reduces the risk of spoilage.
Maintaining cleanliness: producers must ensure the packaging process is hygienic, avoiding any potential cross-contamination.
Adhering to these labeling and packaging guidelines helps ensure that cottage food producers in Wisconsin maintain a high level of food safety and consumer confidence.
Sales and Distribution
Allowed Venues
In Wisconsin, cottage food producers are permitted to sell their products at various venues. These include:
Farmers markets: A popular choice for selling cottage food items, as it provides access to a large customer base.
Roadside stands: Offers potential for high visibility and convenience for customers.
Community events: Provides opportunities to showcase and sell products to a locally-focused audience.
Online: Wisconsin allows online sales within the state, enabling producers to reach a wider audience through e-commerce.
However, it is essential to note that cottage food products cannot be sold in retail stores, grocery stores, or restaurants.
Limits on Sales
Wisconsin imposes limits on sales to ensure the safety and quality of cottage food products:
Annual income cap: Cottage food producers in Wisconsin are limited to an annual gross income of $25,000 from the sale of their products. This helps in maintaining a small-scale operation and ensuring food safety.
Product labeling: All cottage food products must be correctly labeled with the producer's name, address, and a statement that the product is not inspected or licensed. Detailed ingredient lists and potential allergen information is also required.
Food safety training: Before selling cottage food products, producers must complete a food safety training course recognized by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP).
By complying with these regulations, cottage food producers in Wisconsin can safely and confidently distribute their products within the allowed venues, helping to grow their business and contribute to the local food economy.
Food Safety and Compliance
Kitchen Sanitation
Maintaining a clean and sanitary kitchen environment is crucial for cottage food operators in Wisconsin. To ensure food safety, the following steps should be taken:
Regularly clean and sanitize all food preparation surfaces, utensils, and equipment.
Store raw materials and finished products in separate, clearly labeled containers.
Practice proper hand washing and personal hygiene during food production.
Avoid cross-contamination by using separate cutting boards and utensils for raw and cooked foods.
Inspections and Violations
Although cottage food businesses in Wisconsin are not typically subject to regular inspections, they must comply with state regulations. Failure to comply with these requirements can result in fines or even a business shutdown. Key aspects to be aware of include:
Local zoning ordinances, permits, and licenses.
Adherence to* Cottage Food Laws, which outline approved food items, sales limits, and labeling requirements.
Compliance with federal regulations, such as those enforced by the U.S. Food and Drug Administration.
If a complaint is received or a health issue arises, the local health department may conduct an inspection. In case of violations, corrective actions must be taken promptly. Continued noncompliance can lead to severe consequences, including fines or business closure.
Updates and Changes
Wisconsin has seen several updates and changes to its Cottage Food Laws in recent years. In 2017, a significant amendment to the state's laws expanded the types of eligible foods and removed certain restrictions, giving cottage food producers greater freedom to sell their products.
Previously, Wisconsin's laws focused primarily on "non-hazardous" foods, such as baked goods, canned jams, and pickles, which are less likely to cause foodborne illness. The 2017 update added several items to this list, including confections, snack foods, and spices. This expansion reflects the state's commitment to supporting local food entrepreneurs while maintaining strict food safety standards.
Additionally, the updated Cottage Food Laws in Wisconsin relaxed restrictions on where producers can sell their products. Previously, sales were limited to farmers' markets and community events. Now, producers can sell their goods directly to consumers at any location, including online sales and pickup options. This change facilitates the growth of small food businesses by increasing their access to consumers.
While these updates have been beneficial for Wisconsin's cottage food producers, it's essential to stay informed about any future changes. Lawmakers and regulators continue to monitor the effectiveness and safety of the Cottage Food Laws, and further updates may be necessary to keep pace with the rapidly evolving local food industry. For the most up-to-date information on Wisconsin's Cottage Food Laws and any potential changes, visit their official state resources and stay connected with local food networks.
