Wisconsin Cookie Ban Ruled Unconstitutional

You may now begin to pre-heat your ovens.

A Lafayette County circuit court judge on Thursday ruled that Wisconsin’s notorious “Cookie Ban,” a law which restricted the selling of home-made goods as unconstitutional. The move allows small business owners and others to sell cookies, brownies, and other confections without a professional baking license. The ruling allows them to sell these baked goods as add-ons to their main business and at farmer’s markets.

Prior to the ruling, the only legally allowed place one could sell home-baked goods were at charity bake sales.

Home bakers in Wisconsin can now sell their baked goods directly to consumers, after a judge on Thursday, October 5th clarified that the restriction on selling home-baked goods is unconstitutional.

Prior to that decision, Wisconsin was one of two states that didn’t allow home bakers to sell their goods without a food processing plant license.

Officials with the Wisconsin Department of Justice confirmed for FOX6 News home bakers are now allowed to sell their goods statewide without a license.

According to a statement from a lawyer involved in this case, a Lafayette Circuit Court judge on Thursday clarified his May 31st ruling that the state’s ban on selling home baked goods is unconstitutional.

Wisconsin officials argued that the ruling was limited to Lisa Kivirist, Kriss Marion and Dela Ends — the three bakers who teamed up with the Institute for Justice in January 2016 to challenge the ban in state court.

Judge Duane Jorgenson disagreed, clarifying that his ruling applies not only to the three plaintiffs, but to all home bakers like them.

As a result, home bakers across Wisconsin are now free to sell safe baked goods that do not require refrigeration directly to consumers.

So far, there has been no indication from officials inside Wisconsin state government if they have any intention to appeal the ruling.

For years, the plight of these bakers has been a cause of a number of free market-oriented groups and lawmakers. Often blocking that attempt was legislative leadership who were more inclined to listen to the concerns of lobbyists than those of individual citizens. As a result, three attempts to change the law legislatively have failed.

With home bakers in Wisconsin now free to do as they please, this only leaves New Jersey as the only state in the nation with a law on the books which makes the sale of home-baked good illegal.