A particularly tasty fight is cooking in Wisconsin–there’s a lawsuit currently making its way through the court system over a law in the state that bans people from selling homemade baked goods.

The lawsuit was filed by three farmers, who are represented by the Institute for Justice. The Institute for Justice is a nonprofit that “fights against unreasonable government restrictions on individuals’ economic liberty.” Selling homemade baked goods, such as cookies, breads, and muffins, is punishable by a fine of up to $1,000 or six months in prison. This means that bakers aren’t allowed to sell their goods at places like fairs or farmer markets.

The law refers particularly to baked goods made in home kitchens–bakers could rent out commercial kitchens, but that’s an incredibly pricey option and there aren’t necessarily a lot of commercial kitchens in parts of rural Wisconsin.

The Institute for Justice explained on its website the motivation to take on the case, stating:

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.

The ban is purely political. Commercial food producers like the Wisconsin Bakers Association are lobbying against a ‘Cookie Bill’—which would allow the limited sale of home baked goods—in order to protect themselves from competition. Assembly Speaker Robin Vos, who owns his own commercial food business, even refused to allow the Assembly to vote on a Cookie Bill last session, despite bipartisan support.

This fight isn’t just playing out in the courts–it’s also making its way through the legislature. There’s a “Cookie Bill” that would loosen the law and allow people to sell up to $7,500 in baked goods each year, as long as the name and address of the baker are clearly labeled. The lawsuit, however, is hoping to strike down the ban altogether. Whether the bill passes or the ban gets overturned, bakers in Wisconsin may soon have something to cheer about.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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