Wisconsin Judge Rules In Favor Of Home Bakers Wanting To Sell Their Product

Lafayette County Judge Duane Jorgenson ruled this week that home bakers can market their goods for profit.

This week’s ruling expands on a May 31 decision allowing three plaintiffs to sell items that don’t require refrigeration. The plaintiffs include Lisa Kivirst, Kriss Marion and Dela Ends.

Kivirst operates a bed-and-breakfast outside of Monroe, Wisconsin where she regularly serves guests baked goods from her kitchen. She said there’s no difference between giving someone a muffin at her dining room table or selling it directly.

“For 20 years I have been legally serving muffins but I legally could not sell that same muffin to you,” Kivirst said.

The Wisconsin Restaurant Association begs to differ.

Susan Quam, executive vice president of the Association says many of the group’s 7,000 members bake and sell breads, cakes, cupcakes and cookies. “They have made the investments into those facilities to comply with good safety measures as well as they’ve undergone extensive training and yearly inspections and work with their local and state health departments or the (state) Department of Agriculture,” Quam said.

Quam hopes the state applies for a stay of the ruling’s implementation.

Wisconsin’s Department of Agriculture, Trade and Consumer Protection was a defendant in the so-called “cookie bill” suit. A spokesman for the state Department of Justice, Johnny Koremenos, said the two agencies are, “reviewing the decision.” It’s not clear if the state will appeal the circuit court decision.

The Wisconsin Grocers’ Association also opposes the ruling. Executive Director Brandon Scholz called it a “smack in the face.”

Scholz added, “it’s like, ‘oh you’re big grocers, you’re big bakers so you can afford to get conventional ovens and you can afford to have all the fancy stuff. You can do testing and it’s not fair to us because we only want to sell $3,000 worth of stuff.’ It’s baloney.”

It’s not clear if there is a monetary limit on what home bakers will be allowed to sell if the ruling stands.

Scholz said the issue isn’t necessarily about draining profits from grocery stores or professional bakers. He said it’s about holding for profit sellers accountable to regulations and food labeling standards that list ingredients to avoid allergic reactions.

Kivirst briefly stepped away from the interview to retrieve something from her oven. She laughingly said, “cookies! Shaped like the state of Wisconsin.”