AB748: Bill Text

2025 - 2026 LEGISLATURE

LRB-5514/1

ARG:cdc

2025 ASSEMBLY BILL 748

December 3, 2025 - Introduced by Representatives Swearingen, Green, Armstrong, Goodwin, Gundrum, Kreibich, Melotik, Moses, Murphy, Mursau, O'Connor and Summerfield, cosponsored by Senators Wimberger and Feyen. Referred to Committee on Consumer Protection.

AB748,1,6 An Act to repeal 97.29 (2) (b) 2. b., c., d. and e.; to renumber 97.29 (2) (b) 1.; to amend 97.29 (2) (b) 2. (intro.); to create 97.29 (1) (he), 97.29 (2) (b) 1g., 97.29 (2) (b) 2. f., 97.29 (2) (b) 3. and 97.29 (7) of the statutes; 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.

Analysis by the Legislative Reference Bureau

Under current law, a person is not required to obtain a food processing plant license from the Department of Agriculture, Trade and Consumer Protection to sell food products that the person prepares and cans at home in this state if all of the following apply: 1) the food products are a fruit or vegetable pickled at a certain pH level; 2) the person sells the food products at a community or social event or a farmers’ market in this state; 3) the sold food products are labeled with certain information; 4) the person displays a sign at the place of sale stating that the food product is homemade and not subject to state inspection; and 5) the person receives less than $5,000 per year from the sale of the food product.

This bill creates a similar licensing exemption for nonpotentially hazardous foods prepared in a person’s home and sold at retail. The bill defines “nonpotentially hazardous food” as prepared food that does not require time and temperature control for safety to limit pathogenic microorganism growth or toxin formation.

The bill revises the eligibility criteria for the canned pickled foods exemption described in items 2) to 5) above so that both exemptions have similar eligibility criteria. Under the bill, the exemptions for home-prepared canned pickled foods and for home-prepared nonpotentially hazardous foods apply if:

1. The home producer registers with DATCP. DATCP must issue a registration number to the home producer except that, on request, DATCP may register and issue one registration number to multiple individuals residing in a household. The application for registration must include certain information, including a list of all food products sold at retail under the exemption and an ingredient list for each food product.

2. The home producer sells the food products directly to consumers at the physical address of the home producer’s business, by delivery, or at a community or social event or a farmers' market in this state.

3. Each container of food product that is sold is labeled with certain information, including the home producer’s registration number, the date the food product was prepared, the statement “This product was made in a private home,” and a list of ingredients, including the common name of ingredients that are major food allergens.

4. The home producer maintains liability insurance.

5. The home producer has total annual gross sales of applicable food products - home-prepared canned pickled foods and home-prepared nonpotentially hazardous foods - of less than $40,000.

6. If the home producer has annual gross sales of applicable food products of less than $10,000, the home producer displays a sign at the place of sale stating: “These food products are homemade and not subject to state inspection.”

7. If the home producer has annual gross sales of applicable food products of at least $10,000 but less than $40,000 (cottage food producer), at least one person was involved in preparing the food products who holds a certificate of food protection practices issued by DATCP.

Under the bill, DATCP must, by rule, require and establish a process for home inspection of cottage food producers that prepare food products that are nonpotentially hazardous foods. DATCP must issue a certificate to cottage food producers providing notice to the public that the home where the cottage food producer’s activities are conducted has been inspected.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB748,1 Section 1. 97.29 (1) (he) of the statutes is created to read:

AB748,2,4 97.29 (1) (he) “Nonpotentially hazardous food” means prepared food that does not require time and temperature control for safety to limit pathogenic microorganism growth or toxin formation.

AB748,2 Section 2. 97.29 (2) (b) 1. of the statutes is renumbered 97.29 (2) (b) 1r.

AB748,3 Section 3. 97.29 (2) (b) 1g. of the statutes is created to read:

AB748,2,8 97.29 (2) (b) 1g. In this paragraph, “person” includes a collection of individuals residing in a household.

AB748,4 Section 4. 97.29 (2) (b) 2. (intro.) of the statutes is amended to read:

AB748,2,12 97.29 (2) (b) 2. (intro.) A person is not required to obtain a license under this section to sell at retail food products that the person prepares and cans at in the person’s home in this state if all of the following apply:

AB748,5 Section 5. 97.29 (2) (b) 2. b., c., d. and e. of the statutes are repealed.

AB748,6 Section 6. 97.29 (2) (b) 2. f. of the statutes is created to read:

AB748,2,16 97.29 (2) (b) 2. f. The person complies with all applicable requirements under sub. (7).

AB748,7 Section 7. 97.29 (2) (b) 3. of the statutes is created to read:

AB748,2,20 97.29 (2) (b) 3. A person is not required to obtain a license under this section to sell at retail food products that the person prepares in the person’s home in this state if all of the following apply:

AB748,2,21 a. The food products are nonpotentially hazardous foods.

AB748,2,22 b. The person complies with all applicable requirements under sub. (7).

AB748,8 Section 8. 97.29 (7) of the statutes is created to read:

AB748,3,2 97.29 (7) Registration and other requirements for certain persons who prepare food at home. (a) In this subsection:

AB748,3,5 1. “Cottage food producer” means any home producer who, in the immediately preceding calendar year, had gross sales of food products described in subd. 2. a. and b. of at least $10,000 but less than $40,000.

AB748,3,7 2. “Home producer” means a person who, in the person’s home in this state, does any of the following:

AB748,3,9 a. Prepares and cans food products that are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower.

AB748,3,10 b. Prepares food products that are nonpotentially hazardous foods.

AB748,3,11 3. “Person” includes a collection of individuals residing in a household.

AB748,3,14 4. “Small producer” means any home producer who, in the immediately preceding calendar year, had gross sales of food products described in subd. 2. a. and b. of less than $10,000.

AB748,3,19 (b) To be eligible for a licensing exemption under sub. (2) (b) 2. or 3., a home producer shall first register with the department under this paragraph. The department shall issue a registration number to each registered home producer, except that, upon request, the department may register and issue one registration number to multiple individuals residing in a household.

AB748,3,21 (c) An application for registration under par. (b) shall include all of the following information:

AB748,3,23 1. The name of the home producer and, if different, the home producer’s business name.

AB748,4,2 2. The physical address of the home producer’s home where the activities described in par. (a) 2. a. or b. occur and the physical address of the home producer’s business location, if applicable.

AB748,4,4 3. A complete list of all food products sold at retail under the exemption under sub. (2) (b) 2. or 3.

AB748,4,5 4. For each product identified in subd. 3., a complete ingredient list.

AB748,4,7 (d) A home producer may sell food products under the licensing exemption under sub. (2) (b) 2. or 3. only if all of the following apply:

AB748,4,10 1. The home producer sells the food products directly to consumers at the physical address of the home producer’s business, by delivery, or at a community or social event or a farmers' market in this state.

AB748,4,17 2. Each container of food product that is sold is labeled with the name of the home producer who prepared the food product, the home producer’s registration number issued under par. (b), the date on which the food product was prepared, the statement “This product was made in a private home.”, and a list of ingredients in descending order of prominence. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, or soybeans, the list of ingredients shall include the common name of the ingredient.

AB748,4,20 3. The home producer maintains in effect a policy of comprehensive general liability insurance, issued by an insurer authorized to transact business in this state.

AB748,4,23 4. If the home producer is a small producer, the home producer displays a sign at the place of sale stating: “These food products are homemade and not subject to state inspection.”

AB748,5,2 5. If the home producer is a cottage food producer, at least one person in the household in which the food products were prepared holds a certificate of food protection practices under s. 97.33 and was involved in preparing the food products.