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WI SB739
Bill
Status
12/12/2025
Primary Sponsor
Eric Wimberger
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AI Summary
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Creates a new licensing exemption for "nonpotentially hazardous foods" (shelf-stable items like baked goods that don't require temperature control) prepared and sold from home, in addition to the existing exemption for home-canned pickled fruits and vegetables with pH 4.6 or lower
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Raises the annual gross sales cap from $5,000 to $40,000 for home food producers to qualify for the licensing exemption, with two tiers: "small producers" earning under $10,000 and "cottage food producers" earning $10,000-$40,000
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Requires all home producers to register with DATCP, obtain a registration number, maintain liability insurance, and label products with producer name, registration number, preparation date, ingredient list (including allergens), and the statement "This product was made in a private home"
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Cottage food producers ($10,000-$40,000 in sales) must have at least one household member with a DATCP food protection practices certificate involved in food preparation, and those making nonpotentially hazardous foods must undergo home inspections
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Small producers (under $10,000 in sales) must display a sign stating products are homemade and not subject to state inspection, while cottage food producers receive an inspection certificate for public notice
Legislative Description
Exemptions from food product licensing requirements for sale of pickled fruits and vegetables, baked goods, and other shelf-stable food products prepared in a person’s home and granting rule-making authority. (FE)
Last Action
Fiscal estimate received
1/28/2026