DARLINGTON, Wis. (AP) -- A Wisconsin judge has overturned a ban on selling homemade baked goods in the state.
LaFayette County Judge Duane Jorgenson ruled Wednesday afternoon in favor of three women who'd challenged a state law they say made it impossible for home bakers to legally sell their treats.
Jorgenson said in his oral ruling the ban primarily serves business interests.
The Institute for Justice, a libertarian law firm, argued the women's case. The Wisconsin Department of Agriculture, Trade and Consumer Protection plans to appeal the decision. A spokesman there didn't immediately return a message.
The law in question required bakers to obtain a license, which requires using a commercial kitchen, submitting to inspections and paying fees.
Wisconsin already allows the sale of homemade foods such as jams and other canned goods.
A judge in Wisconsin is expected to soon announce his ruling on a ban against selling homemade bakery.
Wisconsin and New Jersey are the only states that ban bakers from selling cookies, muffins, bread and other goods that are made in home kitchens. The Institute for Justice has argued on behalf of three women that the ban is unconstitutional. A judge in Lafayette County Circuit Court planned to make his decision public Wednesday afternoon.
The current law requires home bakers to obtain a license, which would mean renting or building a commercial kitchen, submitting to inspections and paying numerous fees.
While home baked goods are outlawed, Wisconsin allows the sale of other homemade foods, like raw apple cider and maple syrup, as well as jams, pickles and other canned goods.