It is the responsibility of every vendor to know if it is required to collect and remit Wisconsin Sales Tax.

 

Wisconsin has a vibrant local foods economy and you will find customers eager for your products. Be sure to follow the rules that govern preparation and sale of foods to help ensure public health and protect your brand! 

 

There are new opportunities to sell certain farm and home-prepared food products in Wisconsin without a license. While a license is required to prepare food that is potentially hazardous, food that will be sold or given to another business for further sale (wholesale), and food sold outside of Wisconsin, a license is not required for some homemade foods sold within the state.

 

All permits and licenses are the sole responsibility of the vendors.  Applicants must submit copies of all permits/licenses with their application OR at least five days prior to the first day of attendance if licenses are still being processed at the time of application. Vendors are responsible to provide an update to the market manager if their licenses are being revoked, annulled, re-issued or annually renewed within one week of the licensing change.

 

No License Required: PRODUCE 

 

Fresh fruits and vegetables are always in season when it comes to selling the bounty of your harvest. No license is required to sell raw, intact fruits and vegetables. Growers should follow Good Agricultural Practices in planting, growing, and harvesting fresh produce and may need to meet requirements of the Produce Safety Rule. Growers may rinse freshly harvested produce in clean water, remove roots, and package in bulk for delivery. A license is required if fruits and vegetables are cut, sliced, peeled, frozen, or otherwise processed before sale.

 

No License Required: PREPARED FOODS:

 

Homemade foods are prepared in the home, generally in the kitchen where family meals are prepared. If you use your home kitchen to prepare food for sale, you are limited to making non-potentially hazardous foods and you must sell directly to the consumer or ‘end user’ and only in the state of Wisconsin. 

Non-potentially hazardous foods are those considered safe ‘on the shelf’. Non-potentially hazardous foods can be safely held for an extended time without refrigeration. 

Non-potentially hazardous foods generally have a pH of 4.6 or below, or a water activity (aw) of 0.85 or less. Most cookies and yeast breads, some confectionary products, and properly canned acidic fruits are examples of non-potentially hazardous foods. Examples of foods that are potentially hazardous and may not be prepared at home for sale include, buttercream frostings, cream or custard pies, yogurt and other dairy foods, prepared meals, or casserole dishes. In addition, certain laws apply to making pet foods, and meat, poultry, and other products.

​

Sales of homemade foods, when allowed, are limited to retail sales, those sales that are directly to the consumer or end user. Retail sales of allowable non-potentially hazardous, homemade foods may be from your home or from a location such as a farmers’ market stand. A farmers’ market is defined as a common facility where two or more farmers or growers gather on a regular basis to sell raw agricultural commodities, eggs, and processed foods that they produce, directly to consumers. A farmers’ market is not a roadside stand or a farm stand. 

 

Home-prepared food may not be sold at a licensed food business, even if you own the business. 

When preparing food at home, a hygienic family kitchen will help protect both food safety and food quality. 

​

Best Practices for Preparing Food at Home for Sale 

 

• Wash hands often and wear gloves when handling ready-to-eat foods. 

• Use soap and warm water to keep equipment and work areas clean; keep all equipment in good working order. 

• Sanitize cleaned work surfaces and equipment after each use. Be sure to follow label directors for any sanitizer used on food-contact surfaces. Bleach is one common food-contact surface sanitizer. 

• Have a well lit kitchen. 

• Keep pets out of the area where you are preparing food for sale. 

• Place prepared food in clean packaging and clearly label all the ingredients, especially allergens. 

• Keep records of what you prepare and where you sell. Records will help keep your business profitable while also helping you keep track of foods in the event of a recall or foodborne illness investigation. 

 

Be sure to check with your local municipality for zoning regulations and other rules that may apply to a home-based business.

 

Note: Foods prepared under Cottage Foods Laws in other states may not be sold in Wisconsin.

​

Products Exempt from Licensing – No License Required

 

As long as you follow a few rules, you are exempt from having a license to prepare some foods at home or on a farm, including: 

​

Apple Cider. Cider must be pressed and bottled by the vendor. Unpasteurized or unheated (raw) cider must be fully labeled, including an approved warning statement. Cider processors are exempt from licensing only as long as no other food processing activities are occurring. 

​

Canned Fruit/ Jams and Jellies. Home-canned fruits and jams and jellies made in Wisconsin may be sold at farmers’ markets or community events in the state. Items must be low-pH (4.6 or below), canned in a home kitchen, and sales are limited to $5,000 per person per year. Canned goods must be properly labeled, including an ingredient statement, and a notice posted at the point of sale letting consumers know the product is homemade and not subject to state inspection. Note: sales of home-canned fruits and acidified vegetables are limited to farmers’ markets and community or social events. 

 

Cookies, cakes, and other homemade items. Home-prepared not potentially hazardous treats may be sold directly to consumers. Items such as cookies and cakes, doughnuts and even roasted coffee beans may now be prepared in your home kitchen without a license and sold directly to consumers in Wisconsin. Items that would not be allowed have cream or custard fillings, buttercream frosting or are otherwise potentially hazardous and require refrigeration for safety. Clearly label all allergens. 

 

Candies and confections. Chocolates, fudge and other non-potentially hazardous confections may be made in a home kitchen and sold directly to consumers in Wisconsin. Clearly label all allergens. 

 

Dehydrated or dried fruits, grains, herbs, and vegetables may be prepared in a home kitchen and sold directly to consumers. Dry soup mixes and tea blends may be prepared at home, as well as dry spice blends and roasted coffee. 

​

Field-Dried Vegetables. No license is required for sale of field-dried peppers or dry beans that are dried naturally in the field. Products must be protected from spoilage and contamination during the natural drying process. 

 

Fresh fruits and Vegetables. Share the bounty of your harvest! You may rinse in clean water, remove roots and package in bulk for delivery. A license is required if you cut, slice, peel, freeze, or otherwise process fruits and vegetables. 

 

Honey. No license required for honey sold as beekeeper’s own and no added color, flavors, or ingredients, including air incorporated by whipping. 

 

Maple Syrup. Producers of maple syrup may bottle and sell their product at retail without a license as long as no other food processing activities are occurring. Product must be accurately labeled. 

 

Pickled Vegetables (Canned). Home-canned pickled vegetables made in Wisconsin may be sold at farmers’ markets in the state without a license. These items must be low-pH (under 4.6), the items must be made in a home kitchen and sales are limited to $5,000 per person per year. Canned goods must be properly labeled, including an ingredient statement, and a notice posted at the point of sale letting consumers know the product is homemade and not subject to state inspection. 

 

A Wisconsin law in 2011, sometimes called the ‘pickle bill’, allows limited sales of home-canned acid or acidified foods without a license. Products must be produced in a home kitchen, sales are limited to $5,000 per year, and must be direct to consumers; farmers’ markets are one of the approved sales locations. Labeling of the product must include: “This product was made in a private home not subject to state licensing or inspection.” 

 

 License Required 

 

A license is issued annually to an individual at a specific location and may cover a number of different activities. While some food businesses may choose to build a dedicated processing facility on their property, most businesses start out renting a kitchen space. Small businesses may hold a license in a church kitchen, at a local community center, or at a dedicated shared-use facility (entrepreneurial center). Certain foods may require a specific license type with specific facility requirements. In general, a retail license is issued for food that is prepared and sold directly to the consumer; a food processing plant license allows the preparation of foods for sale through both wholesale and retail channels. 

Selling potentially hazardous items such as eggs, fresh meats, and dairy products at farmers’ markets will require licensing. 

Rules that may apply to foods sold at farmers’ markets or similar venues include: 

• Bakery items that are potentially hazardous due to a cream or custard fillings or buttercream frosting, or items like cheesecake must be prepared in a commercial kitchen under license and kept cold. A retail license would be required for sale of potentially hazardous baked goods at locations such as farm markets or county fairs. 

• Beef, pork, lamb, poultry and other meat items must be processed in a licensed meat establishment and require a retail license for sales at a farmers’ market. 

• Dairy products such as fluid milk, cream, butter, cheese, and yogurt must be processed at a licensed facility and a mobile retail license is required for sales at farmers’ markets. 

• Eggs from the farm find eager customers at farmers’ markets. Small-scale egg producers may package eggs for sale on a sales route or at farmers’ markets. A retail license is required. 

• Fish and seafood sold at a farmers’ market must be processed at a licensed retail food establishment or food processing plant. A retail license is required. 

• Juice products sold at a farmers’ market must generally be processed at a licensed retail food establishment or food processing plant. 

• Pet foods must meet standards similar to human foods and are manufactured under license. 

• Processed fruits and vegetables, including frozen, cut, peeled, or sliced fruits and vegetables must be produced under license for sale at farmers’ markets. A retail license would be required for sale of items such as frozen or cut vegetables that must be kept cold. 

• Sauces and condiments such as applesauce may be exempted from licensing if home canned, but other shelf-stable sauces, dressings, and condiments would be prepared under a license. 

​
 

A license will be required either to sell and/or to process many products that may be sold at a farmers’ market. Licensing is generally required if ‘exempt’ sales are over the allowed amount or for out-of-state sales – only raw, intact fruits and vegetables may generally be sold across state lines without a license. Potentially hazardous items such as eggs, fresh meats, and baked goods that require refrigeration, will generally require a mobile retail license. Other licenses apply to the production or manufacture of certain types of foods or beverages. Local ordinances may require further licensing. 

 

NOTE: Vendors from outside of Wisconsin must comply with Wisconsin regulations to sell in the state. Call the Licensing Specialists to see if your idea ‘fits’ with what is allowed. Licensing Specialists at the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) will direct vendors to the licensing requirements for their individual business. Contact DATCP Licensing Specialists at 608-224-4923 or datcpdfslicensing@wi.gov 

 

NOTE: In spite of what many websites say, Wisconsin does not have a cottage food law! Please refer to official documents for accurate, up-to-date information. 

 

Only licensed vendors offering processed or “ready to eat” foods will be approved to participate, unless exempt from licensing. Copies of all licenses are to be submitted at the time of application. Home bakers may be approved if inclusion of their product will enhance the market. 

 

Vendors selling processed produce, flavored honey or flavored maple syrup must have a food processing license. Only unprocessed produce and raw honey, raw maple syrup is allowed for sale without a license. 

 

Vendors offering processed or “ready to eat foods” are responsible for obtaining all licenses and permits to be approved to sell such items at the Menomonie Farmers Market. Licenses are to be issued by the Dunn County Public Health Department and/or the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.   Copies of all licenses and permits must be on file with the Market Manager prior to selling at the Market. 

 

It is suggested that all permits be displayed for customers to view.

 

Vendors may not advertise that they have organic products unless they have been certified organic. A copy of the certification must be on file with the Market Manager.

 

All vendors agree to obey General Food Labeling Guidance and follow all labeling requirements as applicable to the product they sell. All labels must include the name of the business/maker, including any labels packaged by a third party.