A recent Wisconsin Public Radio article said three Wisconsin farmers from southern Wisconsin are suing the Department of Agriculture, Trade and Consumer Protection for their unconstitutional ban on homemade baked goods being sold at farmers markets.

The article said they already allow cottage food operations (businesses run out of homes) to sell canned goods and maple syrup and items like bread, muffins and cookies are classified as being “not potentially dangerous,” which the farmers said negates the idea the food they make is hazardous.

Dave Schmidt, CEO of the Wisconsin Bakers Association, said in the article if any food crises were to break out, it would be a black eye for the industry. However, one person in the article said people are already OK with the risks that come with buying homemade baked goods from their neighbors at the farmers market.

Spectator Editorial Board members said the concern over health is not a strong enough argument from the DATCP, noting items within grocery stores get recalls as well. Some said people who attend farmers markets are fully aware of hazards and those with potential food allergies would know to buy from somewhere more regulated.

“It doesn’t sound like there have been a lot of problems with this in the past,” one member said. “It kind of sounds like they are addressing a problem that doesn’t really exist.”

Some members said they understood where the concern from the DATCP was coming from but felt there may be better ways to handle the situation.

One member suggested marking homemade goods and providing a list of ingredient used with it. Another said the DATCP should provide more resources for people selling baked goods at the farmer’s market about kitchen safety and what they need to do to keep their food fresh.

The board voted unanimously in favor of allowing homemade baked goods at farmers markets.