Madison, Wisconsin (AP) — A Dane County judge has ruled that people can sell a wide range of homemade foods without a commercial license or kitchen.
Judge Rhonda Rumford made the decision earlier this week. The Wisconsin Journal reported Saturday. The ruling expands the types of food you can make and sell at home to include candy, cocoa bombs, fried donuts, and roasted coffee beans.
The ruling marks the second victory in five years for three women who have fought over the sale of food from home.
Bed and Breakfast owner Lisa Kibilisto and farmers Dela Endes and Chris Marion won a 2017 ruling that state bans on the sale of homemade baked goods were unconstitutional. They filed an additional lawsuit in 2021, arguing that people should be able to sell other shelf-stable items from their homes as well.
The Wisconsin Cottage Food Association, which represents people who make homemade food for sale in Wisconsin, joined the lawsuit as a plaintiff.
For years, state law has drawn a line between licensing and the types of shelf-stable foods that are exempt from commercial kitchen requirements. The statute allows people to sell commodities such as cider, maple syrup and pickles, and non-profit organizations and churches to sell all food and meals.
State attorneys argued food safety was an issue. However, Ranford agreed with the plaintiff’s claim that homemade food is just as safe as any other food.
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