Home Bakery Permit Requirements in Madison, WI

1. EIN (Employer Identification Number)

   Required if you have employees or operate as an LLC or corporation. Free from the IRS.

   Official government source

   Free·Immediate (online application)

   Free

   Immediate (online application)

1. Wisconsin Department of Revenue - Seller's Permit

   Required of every individual, partnership, corporation or other organization with a Wisconsin sales location making retail sales of taxable products or taxable services, with limited exceptions for wholesalers, manufacturers and certain marketplace sellers. The permit is issued through Business Tax Registration, which also covers withholding and use tax accounts. Rates: 5% state; seventy counties add 0.5%; Milwaukee County is 0.9% and the City of Milwaukee adds 2%, both effective January 1, 2024, so the rate inside Milwaukee is 7.9% - the only Wisconsin city with a municipal sales tax.

   Official government source

   $20 one-time Business Tax Registration fee, then $10 to renew every two years - it is not free. The $20 is the same regardless of how many locations need a seller's permit. DOR can additionally require a security deposit of up to $15,000 in some cases, returned after 24 consecutive months of compliance.·Register online through My Tax Account. DOR does not publish a guaranteed processing time - contact [email protected] or 608-266-2776 to check status.

   $20 one-time Business Tax Registration fee, then $10 to renew every two years - it is not free. The $20 is the same regardless of how many locations need a seller's permit. DOR can additionally require a security deposit of up to $15,000 in some cases, returned after 24 consecutive months of compliance.

   Register online through My Tax Account. DOR does not publish a guaranteed processing time - contact [email protected] or 608-266-2776 to check status.

2. Wisconsin Certified Food Protection Manager (not required of unlicensed home bakers)

   DATCP requires most licensed food establishments to have at least one manager or operator certified in food protection; prepackaged retail food establishments, fresh-produce-only operations, transient events and micro markets are exempt. A home baker producing non-potentially-hazardous baked goods in a home kitchen and selling directly to consumers holds no license at all under Wisconsin's court-ordered exemption (see Wis. Stat. 97.29(1)(dm) and 97.30(1)(bm)), so the requirement does not reach them - but it applies the moment you make potentially hazardous products or sell wholesale, both of which require a license.

   Official government source

   No DATCP fee. Certification is earned by passing an exam from an ANSI-accredited provider on DATCP's approved list, and each provider sets its own price; Wisconsin publishes no figure. Operators with five or fewer food handlers may take an approved recertification course instead of the exam.·Certification runs five years - all food managers except small operators must retake and pass an approved exam every five years.

   No DATCP fee. Certification is earned by passing an exam from an ANSI-accredited provider on DATCP's approved list, and each provider sets its own price; Wisconsin publishes no figure. Operators with five or fewer food handlers may take an approved recertification course instead of the exam.

   Certification runs five years - all food managers except small operators must retake and pass an approved exam every five years.

1. Wisconsin Home Baker Licensing Exemption (court ruling, not a license)

   Wisconsin does not license or register home producers of non-potentially-hazardous baked goods (per Wis. Stat. §§97.29(1)(dm), 97.30(1)(bm) and Lafayette County Circuit Court/Court of Appeals rulings); no license or fee applies to sell such goods directly to consumers. Baked goods must be exposed to dry heat above 140°F and not be 'potentially hazardous.' Products sold this way are not state-inspected. Commercial-kitchen baking businesses still require standard food licensing (ATCP 70/75).

   Official government source

   $0 — no license required for qualifying home bakers·N/A

   $0 — no license required for qualifying home bakers

   N/A

2. City of Madison - No General Business License

   The City of Madison does not have a general/generic business license. Per the city's own guidance: "The City of Madison does not have a generic business license. Most licenses issued by the Clerk's Office are for things that need to be inspected" (e.g. restaurants, pools, hotels). There is no general or blanket business license and no annual renewal or display requirement for most business types. The Clerk's Office licenses only specific regulated activities - alcohol, tobacco and vaping, adult entertainment, secondhand dealers, transportation and tattooing among them. A Certificate of Occupancy from the Building Inspection Division is still required for a commercial space.

   Official government source

   $0 - Madison has no general or blanket business license. Fees apply only to the specific regulated activities the Clerk's Office licenses. If you are taking a commercial space, the Certificate of Occupancy is $10.00 first certificate, $150.00 each additional, or $75.00 for a zoning change of use or occupancy (City of Madison Building Inspection fee schedule).·Not applicable - there is no general city license to apply for.

   $0 - Madison has no general or blanket business license. Fees apply only to the specific regulated activities the Clerk's Office licenses. If you are taking a commercial space, the Certificate of Occupancy is $10.00 first certificate, $150.00 each additional, or $75.00 for a zoning change of use or occupancy (City of Madison Building Inspection fee schedule).

   Not applicable - there is no general city license to apply for.

Official Sources

• Wisconsin Home-Based Food Producer License
• City of Madison Department of Planning and Community and Economic Development

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