New York Cottage Food Law (2026): Home Processor Exemption, Foods, Labels and Where to Sell
At a glance
- License or permit
- Registration with the New York State Department of Agriculture and Markets (the Home Processor Exemption from Article 20-C licensing)
- Registration fee
- None at present
- Annual sales limit
- None stated on the state page
- Allowed foods
- Only foods on the department’s approved list that do not need refrigeration, such as breads, cookies, cakes, double-crust fruit pies, jams and jellies
- Where you can sell
- Farms, farm stands, farmers markets, craft fairs, home delivery, the internet and wholesale to local restaurants, cafes and grocery stores, all inside New York
- Out-of-state sales
- Not allowed
- Training required
- None stated on the state page
Who the New York Home Processor Exemption covers
The exemption lets you make certain baked goods, jellies and snack mixes in a home kitchen for retail or wholesale sale without a full processing license. The department cites its regulation 1 CRR-NY 276.4. You cannot use it if you already hold a Department of Health permit or a Department of Agriculture and Markets license; once you hold one of those, all food you sell commercially must be made at the licensed facility. Commercial equipment is not allowed, and the department reviews home kitchens when it receives a complaint.
Registration is tied to one location, so you must register again if you move. To add products later, you send a new request marked as a supplemental registration with the list of products. The registration becomes void if you make or sell prohibited foods or open a permitted or licensed food business.
What you can sell
The exemption covers only non-potentially hazardous foods on the department’s approved list. The department states that any finished food that requires refrigeration is prohibited. Some items come with conditions, for example doughnuts, cupcakes and cakes may not have cream fillings, melted chocolate or candy toppings, or homemade buttercream or cream cheese frosting, and jams and jellies must come from high-acid fruit.
| Food | Allowed? |
|---|---|
| Breads, rolls, biscuits, bagels, muffins and scones | Yes may include high-acid fruit or commercially dried fruit or herbs; no vegetables in breads |
| Cookies, brownies, crackers and baklava | Yes |
| Cakes, cupcakes, doughnuts and cake pops | Conditions no cream fillings, no chocolate or candy-melt toppings, no homemade buttercream or cream cheese frosting |
| Double-crust fruit pies | Yes |
| Jams, jellies and marmalades from high-acid fruit | Yes for example apple, blueberry, strawberry or peach |
| Toffee, caramels, hard candies and fudge | Yes |
| Granola, granola bars and peanut brittle | Yes commercially roasted nuts only |
| Blended dry mixes and seasoning salt | Yes from commercially dried ingredients; you may not dry herbs or fruit yourself |
| Single-crust, custard, nut, meat or refrigerated pies | No |
| Cheesecake, cream-filled pastries, cream or meringue pies and quiche | No |
| Pickles, sauces, salsas, condiments, vinegars and oils | No |
| Cooked or canned fruits and vegetables, chutneys, syrups and compotes | No |
| Cheese, yogurt, dairy, butter, meat, fish, poultry and beverages | No |
| Roasted or ground coffee, nut butters, freeze-dried foods and spreads | No |
| Products with alcohol or raw nuts, and no-bake products | No |
How to register
- Fill out the Home Processor Registration Request form.
- If your water comes from a private well, add a potability test from a certified laboratory. The result must be negative or absent.
- Email or mail the form to the Department of Agriculture and Markets, Food Safety and Inspection, Albany. The department lists a mailing address on its page.
- Wait for approval. The department says processing can take up to 16 weeks and requests are handled in the order received.
There is no fee and no expiration date at present. The department does not require liability insurance, but it suggests talking to an attorney or insurance professional. For tax questions, contact the New York Department of Taxation and Finance. See also our guide to liability, risk and insurance.
New York cottage food label requirements
Every product must carry a label with:
- the common or usual name of the product;
- the ingredients in order of predominance by weight;
- the net quantity of contents;
- your name and full address (street address or PO Box, city, state and ZIP code);
- any allergens named clearly in the ingredient statement: eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat and sesame;
- a home kitchen phrase, such as “Made at Home by [your name],” “Made in the Home Kitchen of [your name]” or “Made in a Home Kitchen,” in type at least 1/16 inch high.
at least 1/16 inch high
123 Sample Street, Anytown, NY 00000
Where you can sell
- Retail: farms, farm stands, farmers markets, green markets, craft fairs and flea markets, and home delivery.
- Wholesale: sales to local restaurants, cafes and grocery stores are allowed inside New York, if the products are packaged and labeled properly.
- Online: allowed inside New York. Your website or social media pages may not advertise prohibited foods.
- Not allowed: shipping or selling outside New York, and packaging food at an event. Products must be packaged at home before you go.
Local rules and HOAs
The department tells home processors to check with local zoning officials before starting a home business. Private rules apply too, so check your HOA covenants and lease. For general background, see our planning and zoning guide.
Frequently asked questions
Can I sell food from home in New York?
Yes, if you register under the Home Processor Exemption and make only foods on the approved list. You can sell at retail and wholesale inside New York.
Do I need a license to sell baked goods from home in New York?
You need to register with the Department of Agriculture and Markets, but you do not need a full Article 20-C processing license. Registration is free at present.
Is there a sales limit for New York home processors?
The department’s page does not state a dollar limit.
Can I sell cottage food online in New York?
Yes, but only inside New York. Out-of-state shipping and interstate sales are not permitted.
Can I sell to restaurants or stores?
Yes. Wholesale sales to local restaurants, cafes and grocery stores in New York are allowed if your products are packaged and labeled properly.
Can I make cheesecake, pickles or canned salsa?
No. Those foods are on the department’s prohibited list. Cakes with cream fillings or homemade buttercream are also prohibited.
Note on conflicting sources
Some guides online say approval takes about two weeks, while the department says up to 16 weeks. Third-party lists also disagree about items such as bagels, doughnuts and chocolate. We follow the department’s own page. The department’s page asks for a water test for total coliform and E. coli in one place and for total coliform only in another, so ask the department which tests to include with your application.
Official sources
- New York State Department of Agriculture and Markets: Home Processor Exemption page
- 1 CRR-NY 276.4, the regulation cited by the department
- U.S. Food and Drug Administration (FDA): Food Allergies (FASTER Act, sesame)