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A Win for Wisconsin’s Home Bakers

Home bakers in Wisconsin can now fire up their ovens and sell their baked goods directly to consumers. This past October, Lafayette Circuit Court Judge Duane Jorgenson clarified his May 31 ruling that Wisconsin’s ban on selling home-baked goods—non-potentially hazardous, low-moisture goods that can safely remain unrefrigerated, such as breads and cookies—is unconstitutional.

In January 2016, three home bakers, Lisa Kivirist, Kriss Marion and Dela Ends, teamed up with the Institute for Justice to challenge the ban in state court. Prior to the October decision, Wisconsin was one of only two states (the other being New Jersey) that didn’t allow home bakers to sell their goods without a food processing plant license, despite Wisconsin already allowing the sale of homemade foods such as canned jams, pickles and salsa.

“This is more than a win for us home-based bakers; it’s recognition that all small businesses have the right to earn an honest living,” said plaintiff Lisa Kivirist in a statement on the Institute for Justice website. “I’m excited to get in my kitchen and start baking with the rest of our state’s amazing bakers as Wisconsin is finally and truly open for business.”

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