For many years, Wisconsin allowed canned goods without allowing baked goods, unlike every other state. As of 2017, Wisconsin now has a ruling that allows homemade baked goods. This older law, also known as the “Pickle Bill”, is still in place for canned good sales.

This law is very restrictive. Producers can sell up to $5,000 per year of canned goods at farmers markets and other community events. They are allowed to make jams, jellies, pickled goods, sauces, and any other canned goods that are acidic enough to be safe. To sell baked goods, use this law.

There is no registration process to start selling, though the Department of Agriculture encourages sellers to test their product for safety and take some training to educate themselves on safe production practices.

Prior to 2017, it made no sense that Wisconsin would allow canned goods, which are relatively risky, and not allow baked goods, some of the least risky foods. This was likely due to the presence of some special interest groups, like the Wisconsin Bakers Association, who were concerned about competition from home bakers.

Since the opposition to homemade baked goods was merely political, three women partnered with the Institute of Justice in January 2016 to form a lawsuit challenging the ban on home-baked goods. One of the women, Lisa Kivirist, is the author of Homemade for Sale.

This 2010 Pickle Bill was modeled after Minnesota’s former law, except that Minnesota’s law allowed baked goods. In 2013, Minnesota’s ag department was also sued, and as of 2015, the state now has a better law.