Home Bakery Permit Requirements in Milwaukee, 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 Exemption (not a license)

   Wisconsin does not license home producers of baked goods that are not potentially hazardous and are sold directly to consumers - a series of court decisions bars DATCP from enforcing licensing against them. Baked goods must be exposed to dry heat above 140F in a closed chamber, and the finished ready-for-sale product must not be potentially hazardous. Producers making potentially hazardous baked goods, or selling wholesale, must be licensed; all commercial-kitchen baking businesses must follow ATCP 70 or ATCP 75 and the Wisconsin Food Code.

   Official government source

   $0 - this is an exemption, not a license.·Not applicable - there is no application or registration step.

   $0 - this is an exemption, not a license.

   Not applicable - there is no application or registration step.

2. No general business license in Milwaukee

   Milwaukee has no general business license. The City Clerk's License Division publishes the complete list of licenses and permits it administers, and every entry is a specific regulated activity (alcohol, cigarette and tobacco, food dealer, massage establishment, secondhand dealer, home improvement contractor, public entertainment premises, snow plowing, weights and measures and the like). The Department of City Development does not issue business licenses at all. What most businesses actually need from the City is a Certificate of Occupancy from the Department of Neighborhood Services before opening a commercial space, plus any specific license that matches their activity.

   Official government source

   $0 for a general license (none exists). Certificate of Occupancy fee varies by proposed use, size of space and how long it was vacant, plus a $6 processing fee and a 1.6% IT and Training surcharge.·Not applicable for a general license.

   $0 for a general license (none exists). Certificate of Occupancy fee varies by proposed use, size of space and how long it was vacant, plus a $6 processing fee and a 1.6% IT and Training surcharge.

   Not applicable for a general license.

Official Sources

• Wisconsin Home-Based Food Producer License
• City of Milwaukee Department of City Development

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