Judge to hear lawsuit surrounding baked goods law - WKOW 27: Madison, WI Breaking News, Weather and Sports

Judge to hear lawsuit surrounding baked goods law

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MADISON (WKOW) -- Selling homemade bakes goods without a license has been illegal in Wisconsin for years. But now, three women are taking their fight against the law to court. The hearing is set to take place Thursday. 

The law is one you may not even know you're breaking. But Wisconsin and New Jersey are the only two states across the nation that ban home-bakers from selling their cookies, muffins and other baked goods. That is, unless you pay the fees, get a license and work out of a commercial kitchen that's inspected by the state. 

But three Wisconsin home-bakers will go before a Lafayette County judge on Thursday who will hear their case. 

Kriss Marion is one of them. She owns her bed and breakfast on a farm in Blanchardville. She's lobbied for two bills in the past that were aimed at changing the current law, but after they both passed the Senate, they were blocked in the Assembly. 

Some tell the Associated Press that the current law protects consumers from getting sick while others think homemade baked goods are the best option.

"They can't guarantee the cat hasn't licked their butter dish or that there isn't mice feces in the ingredients pantry or all sorts of things like that that can happen. Not that they do it intentionally but it happens," said Brandon Scholz, the president of the Wisconsin Grocers Association. 

"When I'm at home making cookies in my kitchen I am looking at every single cookie. Every one is touched by me. I'm looking at, I'm pulling it out, I'm packing it," said Marion. 

But despite the arguments, the state doesn't really enforce the law. So far, only one warning letter has been sent out. 

Currently, there is a bill in the Wisconsin Senate that would overturn the law. Speaker Robin Vos says the bill would hurt commercial enterprises. 

A decision in the lawsuit brought forward by the three women, isn't expected for a few months.

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