The Right to Bake in Wisconsin Leads to New Lawsuit Over the Definition of a Baked Good

Reader Contribution by Lisa Kivirist and Inn Serendipity
Published on February 18, 2021
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Here’s some cookie jar, half-filled, great news despite the pandemic: The surge of new home-based food businesses. Whether as a result of being laid off or simply inspired into action to follow a long-standing dream of running their own food business from home, tens of thousands of people are taking advantage of their state’s cottage food law, launching an enterprise from their home kitchen by selling baked goods, canned items, candies and other non-hazardous, shelf-stable items.

Most state cottage food laws allow the sale of non-hazardous baked items, which, in the simplest of terms, means baked food products that do not require refrigeration and have a low water content. Many state-specific, cottage food laws also cover high acid canned items, like jams or pickles, and a host of other items.

For homesteaders like ourselves, the cottage food laws provide a way to diversify income, create baked goods made with organic ingredients, like pumpkin or zucchini, we grow ourselves, and simply expand what we are doing already, just now selling items to our community for profit. We produce a few more loaves of bread or jars of jam and bring those to a farmers’ market along with our fresh produce.

According to research of registered cottage food producers across the country by the Institute for Justice, these home-based food entrepreneurs skew female and value the flexibility and financial support offered by their businesses. They enjoy the opportunity their cottage food business gives them to be creative, while being their own boss. Given the current economic downturn due to the COVID-19 pandemic, such needs are further exemplified.

Not all states are enthusiastically open for business or supporting entrepreneurial upstarts. Some states, like Wisconsin, are earning a reputation for discouraging new business development. Even before the pandemic, Wisconsin’s dairy industry in the Dairyland was in dire straits. Since the pandemic, the Wisconsin Department for Workforce Development (DWD) has been notoriously slow. The DWD has taken many, many months to actually issue payments on new unemployment claims, including those made under the Federally-funded Pandemic Unemployment Assistance program that covers gig workers and self-employed. It makes a bad situation even worse for those without work in the hospitality and other industries due to Covid-19. For many who operate agritourism operations like we do, we took a direct hit from the pandemic.

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