(WFRV) – A local judge ruled on Thursday that the Department of Agriculture Trade and Consumer Protection (DATCP) had not been following a 2017 order declaring Wisconsin’s ban on the sale of home-baked good sales as unconstitutional.
According to court records, the DATCP had continued to ban home-baked goods made without flour such as gluten-free cakes and cookies, several types of French pastries, granola, kale chips, and even brownies leading to Wisconsin home bakers, alongside the Institute for Justice (IJ), to demand that DATCP follow the order instilled in 2017.
“The Department made the flour requirement out of thin air, and the judge saw that for what it was,” said IJ Senior Attorney Erica Smith. “This ruling is a victory for all Wisconsinites. Now, people will have more options to buy fresh and locally made treats.”
After the judges ruling on Thursday, Wisconsinites can once again start selling all baked goods that are shelf-stable, regardless of their ingredients directly to customers. This provides more variety for people with certain food allergies and or conditions.
“Homemade gluten-free goods are delicious, but store-bought ones can be dry and tasteless. Being able to sell baked goods without flour is important for people that can’t eat foods with gluten,” Dela Ends, a plaintiff in the original lawsuit said.
Alongside demanding that DATCP follow the 2017 ruling for baked goods, the bakers reportedly joined other Wisconsin homemade food producers in February to launch a separate lawsuit challenging the state’s ban on sales of other shelf-stable homemade that are not baked, like chocolates, fudges, and roasted coffee beans.
Officials report that the that lawsuit remains ongoing.