New York Cottage Food Laws

Comprehensive Guide to New York Cottage Food Laws (Home Processor Exemption)

This guide explains New York’s Home Processor Exemption—commonly known as cottage food law—including what foods are permitted, how to register, labeling and water testing requirements, where you can sell, and applicable sales tax considerations. It draws directly from official state sources to provide accurate and actionable information for home-based food entrepreneurs.

Quick Facts

1. Overview / Introduction

New York operates a Home Processor Exemption (under 1 CRR‑NY 276.4, Article 20‑C of Agriculture & Markets Law) that allows qualifying individuals to prepare and sell certain non‑potentially hazardous foods from a home kitchen without a full commercial license, provided the Department of Agriculture and Markets determines public health is not compromised.(agriculture.ny.gov) These home-processed foods must be pre-packaged at home, properly labeled, and sold only within New York State via approved venues.(agriculture.ny.gov)

2. Sales Limits

There is no annual revenue cap under New York’s Home Processor Exemption—entrepreneurs may earn unlimited revenue.(standscout.com)

3. Licensing & Registration

You must register with the New York State Department of Agriculture and Markets by submitting a Home Processor Registration Request form—via mail or email—to the Division of Food Safety and Inspection.(agriculture.ny.gov) There is no fee for registration, and it never expires, though it is location-specific—you must reapply if you move.(agriculture.ny.gov) If you wish to add products later, submit a supplemental registration noting the new items.(agriculture.ny.gov)

4. Training Requirements

No training or food handler certification is required to qualify as a home processor.(nolo.com) However, while not mandatory, completing a food safety course can help build credibility with customers and buyers.(foodsafepal.com)

5. Home Kitchen Inspection

Home kitchen inspections are not required unless a complaint is filed. The Department reviews kitchens on a complaint basis only.(agriculture.ny.gov)

6. Allowed Foods

The exemption covers a specific list of non-potentially hazardous, shelf‑stable foods that may be prepared and sold from home. Approved items include (non-exhaustive list):

• Baked goods: breads (no vegetables), rolls, biscuits, bagels, muffins, doughnuts (no cream fillings), cookies, cakes (no homemade buttercream or cream cheese frostings), cake pops (no candy/chocolate melts), cupcakes (no prohibited frostings), biscotti (no chocolate or candy melts), brownies, double‑crust fruit pies (single crust, custard, nut or refrigerated pies prohibited), scones (no vegetables), baklava • Preserves: jams, jellies, marmalades made with high‑acid fruits (e.g. apple, apricot, berry, citrus etc.) • Confections and snacks: fudge, sugar confections (hard candies, toffee, caramels), popcorn/caramel corn (no chocolate topping), peanut brittle (with commercially roasted nuts), granola, trail mix, granola bars (with commercially roasted nuts), Rice Krispies treats (no chocolate topping), crackers, pretzels (no chocolate topping), toffee/caramel apples (no chocolate), seasoning salt, repackaged dried soup mixes, repackaged dried vegetables or fruit (no drying at home), repackaged dried pasta or baking mixes, repacked/blended spices or herbs

All items must be pre-packaged at home, properly labeled, and contain only allowed ingredients.(agriculture.ny.gov)

7. Prohibited Foods

Foods that are not allowed due to safety concerns include (among others):

• refrigerated or potentially hazardous items: cream‑filled pastries, cheesecakes, custards, sauces, salsas, compotes, spreads, beverages, meat, fish, poultry, dairy products (cheese, yogurt, butter), nut butters • foods with no thermal kill step: chocolate/candy melts tempering, chocolate‑dipped items, raw nuts, alcohol‑containing products, pickled/fermented foods (e.g. pickles, relishes, jalapenos, sauerkraut), wine/vegetable jellies, chutneys, syrups, simple syrups, vinegar, dressings, marinades • other processes: roasting/grinding coffee beans, freeze-drying, canning produce

Pet treats may be prepared at home if shelf‑stable but require a separate registration under pet food regulations.(agriculture.ny.gov)

8. Labeling Requirements

Every product must bear a label with each of the following elements:

• Common/usual name of the product • Ingredient list in descending order by weight (allergens—eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, sesame—must be clearly identified)(agriculture.ny.gov) • Net quantity (weight or volume) • Processor name and full address (street or PO Box, city, state, ZIP)(agriculture.ny.gov) • A statement such as “Made in a Home Kitchen”, “Made at Home by [Your Name]”, or “Made in the Home Kitchen of [Your Name]” in font size at least 1/16‑inch.(agriculture.ny.gov)

9. Where You Can Sell

You may sell within New York State via:

• Agricultural venues: farms, farm stands, farmers’ or green markets • Craft fairs, flea markets • Wholesale to local facilities (restaurants, cafes, grocery stores)—within NY State only(agriculture.ny.gov) • Home delivery within NY State • Online sales with in-state shipping only (no out-of-state or interstate sales)(agriculture.ny.gov)

10. Sales Tax

Per the Department of Taxation & Finance, most food sold by food stores is exempt from sales tax, including bakery items, snacks, cookies, granola bars, dried fruits, etc.(tax.ny.gov) However, taxation depends on the nature of the food and packaging: for example, chocolate‑coated or sugar‑coated items are taxable, even if exempt in uncoated form.(tax.ny.gov) Since home-processed goods are sold pre-packaged, they likely fall under standard sales tax rules—but you must confirm with the Department of Taxation & Finance whether and how to collect sales tax on your specific products.(agriculture.ny.gov)

11. Special Exemptions

If your home uses a private well, you must include a lab test showing absence of Total Coliform and E. coli with your registration.(agriculture.ny.gov)

Pet treats, while allowed if shelf-stable, require a separate registration under pet food rules.(agriculture.ny.gov)

Your kitchen is not eligible for the home processor exemption if it uses commercial equipment, or if you hold a permit/license from the Department of Health or Agriculture & Markets—those foods must then be produced in a commercial facility.(agriculture.ny.gov)

12. Getting Started

Practical steps to launch your home-based food business under this exemption:

1. Review permitted foods list on the Agriculture & Markets website to confirm your product qualifies.(agriculture.ny.gov)
2. If using a private well, obtain lab water test results showing no Total Coliform or E. coli.(agriculture.ny.gov)
3. Complete and submit the Home Processor Registration Request, listing your products and acknowledging label requirements; mail or email it to the Division of Food Safety and Inspection.(agriculture.ny.gov)
4. Prepare labels with required elements: product name, ingredients, net weight, your name/address, and the “Made in a Home Kitchen” statement in ≥1/16‑inch font.(agriculture.ny.gov)
5. Await confirmation—no set processing time, but registration does not expire.(agriculture.ny.gov)
6. Sell within NY via approved venues; ensure all products are pre-packaged and labeled.(agriculture.ny.gov)
7. Consult Taxation & Finance about sales tax obligations and register if necessary.(agriculture.ny.gov)
8. Optional: Take food safety training for best practices and credibility.(foodsafepal.com)

13. Official Resources

• NY Department of Agriculture & Markets – Home Processing page: authoritative source for lists of allowed/prohibited foods, registration forms, water testing, labeling, contacts, and FAQs.(agriculture.ny.gov)
• NY Dept. Taxation & Finance – Food Sales Tax Bulletins (e.g., TB‑ST‑283, TB‑ST‑525): guidance on taxability of various foods.(tax.ny.gov)
• FDA Safe Food Handling guidance: general best practices for food safety (no specific Home Processor requirement).(fda.gov)

Official Sources

This guide was compiled from the following official sources:

• agriculture.ny.gov
• www.nolo.com
• standscout.com
• cottagecms.com
• agriculture.ny.gov
• agriculture.ny.gov
• ij.org
• foodsafepal.com
• www.tax.ny.gov
• www.tax.ny.gov
• www.fda.gov

Important Notes

⚠️ Sales tax applicability for cottage food items can be nuanced—consult NY Dept. of Taxation & Finance to confirm whether your products are taxable.

⚠️ Regulations may be updated—always verify current status on the NY Department of Agriculture & Markets website before starting.