DARLINGTON - Nearly 20 bakers from across the state attended a motion hearing for a civil suit contesting a state law that prohibits the sale of baked goods without a license and commercial kitchen.
The suit, filed by Lisa Kivirist of Browntown, Kriss Marion of Blanchardville and Dela Ends of Brodhead in January 2016 against the Wisconsin Department of Agriculture, contends that Wisconsin's prohibition on the sale of home-baked goods places restrictions that are unequal to those placed upon other homemade foods.
Erica Smith, attorney for the plaintiffs, pointed out that, although bakers in Wisconsin require a commercial kitchen and a baker's license (with some exceptions), items such as home-produced honey, syrup and pickles are exempt from similar restrictions.
While defense attorney Gabe Johnson-Karp argued that the exempt items require less processing than most baked goods, which consequently are more likely to become contaminated, Judge Duane Jorgenson pointed out that homemade cream puffs are allowed to be sold at state fairs through nonprofit organizations.
Marion said it was "nonsense" that a law with a purpose based on safety concerns would allow an exemption for nonprofit organizations.
"It's about keeping us safer but, somehow, nonprofits are exempt?" Marion said. "Nonprofits are somehow safer than homes?"
Smith pointed out that there are no documented instances of people becoming sick by consuming improperly prepared home-baked goods in the 48 states that permit the sale of homemade baked goods. She also asserted that Wisconsin's prohibition is primarily the result of lobbying efforts by commercial bakeries.
The only other state in the U.S. that prohibits the sale of home-baked goods is New Jersey.
Kivirist said she was "excited to feel represented" and was glad to see so many people attend to show support.
One attendee, Gayle Johnson, traveled from Eau Claire to attend the hearing.
"I went to a pastry school in 2007, but I know I'll never get my kitchen licensed in my county," Johnson said. "But I know I'm still following all the proper procedures in my kitchen."
Marion said she felt confident that the court will side in favor of home bakers, but she will have to wait to find out until May 31 when Jorgenson will declare an oral ruling.
The suit, filed by Lisa Kivirist of Browntown, Kriss Marion of Blanchardville and Dela Ends of Brodhead in January 2016 against the Wisconsin Department of Agriculture, contends that Wisconsin's prohibition on the sale of home-baked goods places restrictions that are unequal to those placed upon other homemade foods.
Erica Smith, attorney for the plaintiffs, pointed out that, although bakers in Wisconsin require a commercial kitchen and a baker's license (with some exceptions), items such as home-produced honey, syrup and pickles are exempt from similar restrictions.
While defense attorney Gabe Johnson-Karp argued that the exempt items require less processing than most baked goods, which consequently are more likely to become contaminated, Judge Duane Jorgenson pointed out that homemade cream puffs are allowed to be sold at state fairs through nonprofit organizations.
Marion said it was "nonsense" that a law with a purpose based on safety concerns would allow an exemption for nonprofit organizations.
"It's about keeping us safer but, somehow, nonprofits are exempt?" Marion said. "Nonprofits are somehow safer than homes?"
Smith pointed out that there are no documented instances of people becoming sick by consuming improperly prepared home-baked goods in the 48 states that permit the sale of homemade baked goods. She also asserted that Wisconsin's prohibition is primarily the result of lobbying efforts by commercial bakeries.
The only other state in the U.S. that prohibits the sale of home-baked goods is New Jersey.
Kivirist said she was "excited to feel represented" and was glad to see so many people attend to show support.
One attendee, Gayle Johnson, traveled from Eau Claire to attend the hearing.
"I went to a pastry school in 2007, but I know I'll never get my kitchen licensed in my county," Johnson said. "But I know I'm still following all the proper procedures in my kitchen."
Marion said she felt confident that the court will side in favor of home bakers, but she will have to wait to find out until May 31 when Jorgenson will declare an oral ruling.