Home and Hearth BakerHome-baked goods sold directly to consumers (court order, no license)
Kivirist v. DATCP, Lafayette County Circuit Court Case No. 2016CV06 (oral ruling 2017-05-31; supplemental decision 2017-10-02; order 2018-02-26; order 2021-05-20); Wis. Stat. 97.29(1)(hm), 97.27(1)(dm), 97.30(1)(bm) (potentially hazardous food) · No statute. Court injunction in Kivirist v. DATCP (Lafayette County, Judge Duane Jorgenson); DATCP did not appeal it. DATCP follows it (DATCP Home Bakers page; flyer P-DFRS0222, 05/2025).
No cap. The court in 2018 refused the state's request for a $5,000 cap; DATCP's page sets none. No $50,000 limit was found in any court order, statute, or DATCP page.
Examples you can sell
Homemade, shelf-stable foods that have been baked in an oven and are not potentially hazardous (do not need time/temperature control) as finished for sale (order of 2021-05-20; DATCP). DATCP: 'baked' means exposed to dry heat above 140 F in a closed chamber such as an oven; items from a waffle maker or Dutch oven can count. Flour is not required.
- Breads, cookies, cakes, and other baked goods that need no refrigeration
- Flourless baked goods such as gluten-free cakes and cookies and brownies (2021-05-20 order, per IJ)
- Baked granola and baked oat cereals (2021-05-20 order, per IJ)
- Waffle-maker or Dutch-oven items that meet the dry-heat definition (DATCP)
Not allowed
- Potentially hazardous baked goods that need refrigeration, e.g. cream or custard fillings, buttercream or other frostings that need refrigeration (DATCP; UW-Madison Extension)
- Foods that are not baked, even if shelf-stable: candy, fudge, chocolates, nut butters, roasted coffee, dried herbs, baking mixes, dried pasta (2024 WI App 69 reversed the order that allowed them; Wis. Supreme Court denied review 2025-04-10)
- Items dried in a dehydrator (DATCP: not baked)
- Anything sold wholesale or made in a commercial kitchen (needs a license)