Baked Goods

Baked goods are relatively easy to prepare and beloved by many. From hearty homemade bread to sweet rolls, there's something for just about everyone. And since they're so easy to prepare, many people see an opportunity to make some money by sharing their creations with others. Due to some unique characteristics of baked goods, doing this from one's own home can be an extremely simple process that doesn't even require a business license (as long as certain criteria are met).   
  • Home bakers are exempt from licensing requirements as long as they are operating out of their own home and they are making not-potentially hazardous goods.
    • Potentially Hazardous foods are defined as: 
      • Any food that can support rapid and progressive growth of infectious or toxicogenic microorganisms [ Wis. Stat. §§ 97.27(1) ]
      • A food that requires temperature control because it is in a form capable of supporting any of the following [ Wis. Stat. §§ 97.30(1) (bm) ]:
            1. Rapid and progressive growth of infectious or toxigenic microorganisms. 
            2. Growth and toxin production of Clostridium botulinum. 
            3. In raw shell eggs, growth of Salmonella enteritidis.


  • This exception applies only to flour-based baked goods,  defined indirectly under [ Wis. Stat. § 97.29(1) (b) ]:
    •  “Any place where bread, crackers, pasta or pies, or any other food product for which flour or meal is the principal ingredient, are baked, cooked or dried, or prepared or mixed for baking, cooking or drying, for sale as food.”


  • This exemption is valid for home bakers only; commercial establishments must adhere to Wis. Admin. Code ch. ATCP 70 for licensing requirements. 


  • Home bakers utilizing this exemption must sell directly to customers only; if home bakers wish to sell their goods wholesale (e.g. to other businesses and not directly to consumers) they must obtain proper licensing.