Submitted by UW-Madison Master Gardener Volunteer Michelle Gobert
As local gardeners begin to think about the upcoming planting season and the potential to sell fresh produce at local farmers markets, it’s important to know about local and state regulations 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.
Fresh Fruits and Vegetables
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.
Prepared Food
In December 2022, a Wisconsin judge ruled that individuals may sell homemade, non-potentially hazardous foods produced in Wisconsin directly to consumers in the state. If you have questions about making products in your home for sale, the Licensing Specialists at the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) can help, call 608-224- 4923 for more information.
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.
Best Practices for Preparing Food at Home for Sale
When preparing food at home, a hygienic family kitchen will help protect both food safety and food quality.
- 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. See Tips on Preparing a Bleach Sanitizing Solution (below).
- 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.
Tips for Preparing a Bleach Sanitizing Solution
Preparing a bleach sanitizer using regular bleach (5-6% sodium hypochlorite), e.g. Clorox Ultra: Wash surfaces with soap and warm water and rinse with clean water.
Prepare a bleach solution and spray or soak surfaces and equipment using ¼ teaspoon bleach per quart of warm water OR 1 teaspoon per gallon of warm water. Allow bleach solution to stand on equipment or surfaces for 30 seconds. Air-dry.
NOTE: do not use gel, scented, or non-chlorine/color safe bleach.
More information about licenses and homemade foods is available via the Department of Agriculture, Trade and Consumer Protection at https://datcp.wi.gov/Pages/Licenses_Permits/HomeBakers.aspx
Note: Foods prepared under Cottage Foods Laws in other states may not be sold in Wisconsin.
Information provided by Dr. Barbara Ingham, Professor of Food Science, University of Wisconsin-Madison, Food Safety Specialist, Division of Extension
For more information about food products and licensing, or other Extension programs, please visit Forest County Extension’s website at https://forest.extension.wisc.edu.
