In Wisconsin, Selling Home-Baked Cookies is Breaking the Law

MILWAUKEE, WI — Home bakers beware! Did you know that Wisconsin is only one of two U.S. states that prohibits the sale of home baked goods such as cookies, muffins without a license? Did you know you could face up to six months in jail?

Despite the Badger State's ongoing "home baked goods ban" one judge is considering whether such a ban is even constitutional.

According to the Wisconsin State Journal, Lafayette County Judge Duane Jorgenson is issuing a decision May 31 to a legal challenge from three women who say the ban is unconstitutional.

The nonprofit Institute for Justice is leading the legal challenge on behalf of local bakers.

According to the Wisconsin Institute of Justice, which is challenging the Baked Goods Ban, "Wisconsin’s home-baked-good ban has nothing to do with safety. The state bans home bakers from selling even food the government deems to be “not potentially hazardous” such as cookies, muffins and breads. The state also allows the sale of homemade foods like raw apple cider, maple syrup and popcorn, as well as canned goods such as jams and pickles. In addition, the state allows nonprofit organizations to sell any type of homemade food goods at events up to 12 days a year."

According to the State Journal, officials are considering a bill to partially lift the "bake sale ban". Similar bills have passed the Senate, but have died in the Assembly because of opposition from Republican Speaker Robin Vos, who says lifting the ban would come at the expense of small businesses already meeting the standards and regulations.

"While it’s important that Wisconsin attracts new entrepreneurs, it should not be at the expense of our small businesses that are currently meeting the standards and regulations," Vos said in a prepared statement.

According to a CBS News report, if local baker Kriss Marion and her "baking buddies" sells a half-dozen or so of her lavender-infused lemon sugar cookies to her guests in rural Wisconsin, the State of Wisconsin says she’s broken the law, and will face up to six months in jail.

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