You can sell any kind of nonperishable food.

It’s not yet clear if acidified foods (e.g. pickles, salsas, etc) fall under this law, but you can definitely sell up to $5,000 of home-canned goods by using the pickle bill.

Wisconsin tried to change their pickle bill for many years, but they were always thwarted by strong political efforts from the Wisconsin Bakers Association and the Wisconsin Grocer’s Association, which were concerned about competition. 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).

With multiple unsuccessful attempts at changing the law (2013 AB 182 & 2015 SB 330), the restriction for home bakers was finally overturned by a lawsuit against the state ag department, which took over two years to come to a full resolution. This successful group effort involved plaintiffs Lisa Kivirist (author of Homemade For Sale), Kriss Marion, and Dela Ends, along with legal support from the Institute for Justice.

Even after the successful lawsuit, the ag department and associations didn’t back down easily. From 2017 to 2021, they tried to:

• Claim that the lawsuit only allowed the three plaintiffs (Lisa, Kriss & Dela) to sell home baked goods
• Impose a $5k sales limit on bakers
• Claim that the term “non-hazardous baked goods” was not sufficiently clear
• Claim that the term “baked goods” only meant items containing flour

In fact, at one point, a judge clearly became annoyed at their continued efforts to restrict home bakers.

Then in 2021, advocates in the state filed yet another lawsuit, which took almost two years to reach a resolution and successfully allowed all non-baked non-perishable foods as well.

Wisconsin is the only state that has enabled cottage food sales through a lawsuit. Minnesota also tried in 2013, which likely influenced the passage of their new and improved law a couple of years later. Lawsuits have also been created in New Jersey, North Dakota, and Nebraska.

Although Wisconsin doesn’t have a cottage food law (and doesn’t need one), a bill may be passed in the future (previously 2017 SB 271 was attempted), which would clarify (and probably slightly restrict) the current allowances.