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SB 739

Relating to: 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)

2025-2026 Regular Session Introduced by Dan Feyen and 1 co-sponsor

Exempts home-prepared pickled vegetables, baked goods, and shelf-stable foods from Wisconsin food licensing requirements to enable small-scale home food businesses.

Failed to pass pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · SB 739

Legislative bill overview

SB 739 would exempt certain shelf-stable food products—including pickled fruits and vegetables, baked goods, and other non-potentially hazardous items—from Wisconsin's standard food product licensing requirements when prepared in home kitchens. The bill also grants the state authority to create rules defining which products qualify for this exemption.

Why is this important

This legislation addresses the "cottage food" industry, allowing home-based food entrepreneurs to produce and sell certain products without commercial kitchen facilities or licensing costs. This directly impacts small-scale food producers, rural communities, and consumer access to locally-made products, while raising questions about food safety oversight and consumer protection standards.

Potential points of contention

  • Food safety concerns: Exempting home-prepared foods from licensing removes health department inspection and oversight, potentially creating risks for foodborne illness or contamination
  • Competitive fairness: Commercial food producers must meet licensing requirements and incur associated costs, potentially disadvantaging them against unlicensed home-based competitors
  • Regulatory clarity: Determining which products are truly "shelf-stable" and safe without licensing creates enforcement challenges and may require subjective rule-making authority

Compiled from official sources — confirm details with the bill’s official record.

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