Senate Bill 739
Exemptions from food product licensing requirements for sale of pickled fruits and vegetables, baked goods, and other shelf-stable food products prepared in a person’s home and granting rule-making authority. (FE)
Topics: Agriculture, Trade and Consumer Protection, Department of, Food
Stopped in committee
It had a but no committee vote, so it never came up for a vote. The last day for votes this session was Mar 19, 2026. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Dec 12, 2025
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Committee, stopped here
Stopped here. It had a hearing but no committee vote.
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Senate vote, not reached
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Assembly vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Mar 23, 2026: “Failed to pass pursuant to ”
It sat with the Senate Committee on Transportation and Local Government.
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The same bill was also filed in the Assembly as AB 748. That version died when the session ended.
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, a person is not required to obtain a food processing plant license from the Department of Agriculture, Trade and Consumer Protection to sell food products that the person prepares and cans at home in this state if all of the following apply: 1) the food products are a fruit or vegetable pickled at a certain pH level; 2) the person sells the food products at a community or social event or a farmers’ market in this state; 3) the sold food products are labeled with certain information; 4) the person displays a sign at the place of sale stating that the food product is homemade and not subject to state inspection; and 5) the person receives less than $5,000 per year from the sale of the food product.
This bill creates a similar licensing exemption for nonpotentially hazardous foods prepared in a person’s home and sold at retail. The bill defines “nonpotentially hazardous food” as prepared food that does not require time and temperature control for safety to limit pathogenic microorganism growth or toxin formation.
Read the full summary Show less
The bill revises the eligibility criteria for the canned pickled foods exemption described in items 2) to 5) above so that both exemptions have similar eligibility criteria. Under the bill, the exemptions for home-prepared canned pickled foods and for home-prepared nonpotentially hazardous foods apply if:
1. The home producer registers with DATCP. DATCP must issue a registration number to the home producer except that, on request, DATCP may register and issue one registration number to multiple individuals residing in a household. The application for registration must include certain information, including a list of all food products sold at retail under the exemption and an ingredient list for each food product.
2. The home producer sells the food products directly to consumers at the physical address of the home producer’s business, by delivery, or at a community or social event or a farmers' market in this state.
3. Each container of food product that is sold is labeled with certain information, including the home producer’s registration number, the date the food product was prepared, the statement “This product was made in a private home,” and a list of ingredients, including the common name of ingredients that are major food allergens.
4. The home producer maintains liability insurance.
5. The home producer has total annual gross sales of applicable food products - home-prepared canned pickled foods and home-prepared nonpotentially hazardous foods - of less than $40,000.
6. If the home producer has annual gross sales of applicable food products of less than $10,000, the home producer displays a sign at the place of sale stating: “These food products are homemade and not subject to state inspection.” 7. If the home producer has annual gross sales of applicable food products of at least $10,000 but less than $40,000 (cottage food producer), at least one person was involved in preparing the food products who holds a certificate of food protection practices issued by DATCP.
Under the bill, DATCP must, by rule, require and establish a process for home inspection of cottage food producers that prepare food products that are nonpotentially hazardous foods. DATCP must issue a certificate to cottage food producers providing notice to the public that the home where the cottage food producer’s activities are conducted has been inspected.
Who's behind it
2 senators are its . All 2 are Republicans.
13 more lawmakers .
See all 15 names Hide the names
Authors (2)
- Dan Feyen · Republican, Senate
- Eric Wimberger · Republican, Senate
Signed on in support (13)
- Dave Armstrong · Republican, Assembly
- Chanz Green · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- Joel Kitchens · Republican, Assembly
- Rob Kreibich · Republican, Assembly
- Paul Melotik · Republican, Assembly
- Clint Moses · Republican, Assembly
- Dave Murphy · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Jerry O'Connor · Republican, Assembly
- Sylvia Ortiz-Velez · Democrat, Assembly
- Rob Summerfield · Republican, Assembly
- Rob Swearingen · Republican, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Mar 23, 2026
The session ended, and the bill died with it.
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Jan 28, 2026
A state agency sent in its estimate of the cost.
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Jan 20, 2026
The committee held a public hearing.
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Dec 15, 2025 to Dec 19, 2025
2 more representatives signed on in support.
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Dec 12, 2025
Sent to the Senate Committee on Transportation and Local Government.
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Dec 12, 2025
Introduced in the Senate.
See the official record, word for word Hide the official record
- Dec 12, 2025 · Senate
Introduced by Senators Wimberger and Feyen; cosponsored by Representatives Swearingen, Green, Armstrong, Gundrum, O'Connor, Melotik, Murphy, Moses, Mursau, Kreibich, Goodwin and Summerfield
- Dec 12, 2025 · Senate
Read first time and referred to Committee on Transportation and Local Government
- Dec 15, 2025 · Senate
Representative Ortiz-Velez added as a cosponsor
- Dec 19, 2025 · Senate
Representative Kitchens added as a cosponsor
- Jan 20, 2026 · Senate
Public hearing held
- Jan 21, 2026 · Senate
Representative Goodwin withdrawn as a cosponsor
- Jan 28, 2026 · Senate
Fiscal estimate received
- Mar 23, 2026 · Senate
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate