New York cottage food law
New York has no cottage food law, but its Home Processor Exemption lets you sell certain baked goods, jellies and snack mixes made at home. Registration is free, and sales must stay in New York.
Checked against the law
The rules at a glance
Home Processor Exemption
Unattended honesty stand?
Not addressedFarm stands are allowed. Self-serve sales aren't mentioned.
Source
including agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets
NYS Agriculture and Markets: Home Processing
Sign up with the state?
YesFree registration with Agriculture and Markets. It doesn't expire, but it's tied to your address.
Source
you may qualify for a Home Processor exemption
NYS Department of Health: Food Safety RegulationsCurrently there is no fee associated with a New York State Department of Agriculture and Markets Home Processor Registration
NYS Agriculture and Markets: Home ProcessingThe Home Processor Registration does not currently have an expiration date
NYS Agriculture and Markets: Home Processing
Food safety class?
Not addressedThe state doesn't mention a food safety class.
Kitchen inspection?
SometimesNo routine checks. Kitchens are reviewed after a complaint.
Source
Kitchens are reviewed on a complaint basis only
NYS Agriculture and Markets: Home Processing
Yearly sales limit
No limitThe state sets no yearly sales cap.
Source
This will allow you to prepare food in your home kitchen for wholesale or retail sale at agricultural farm venues
NYS Agriculture and Markets: Home Processing
Foods that need a fridge?
NoOnly foods on the state's approved list. Nothing that needs a fridge.
Source
Refrigerated products are prohibited as a registered home processor
NYS Agriculture and Markets: Home Processingfoods such as certain baked goods, jellies or snack mixes
NYS Department of Health: Food Safety Regulations
Take orders online?
YesWithin New York only.
Source
Internet sales are allowed within New York State only
NYS Agriculture and Markets: Home Processing
Ship or mail orders?
SometimesHome delivery within New York. No shipping out of state.
Source
Shipping products out of state is not permitted
NYS Agriculture and Markets: Home ProcessingAll items must be sold within New York State and must be pre-packaged in the home and properly labeled
NYS Agriculture and Markets: Home Processing
Sell through shops?
YesRestaurants, cafes and grocery stores in New York. Packaged and labeled.
Source
as a Home Processor you are allowed to sell your items wholesale to local facilities (restaurants, cafes, grocery stores, etc.) that wish to carry them
NYS Agriculture and Markets: Home Processing
What goes on the label
Required wording
Made in a Home Kitchen
Recommended, not required. At least 1/16 inch type.
Source
Home processors should add a phrase like “Made at Home by XYZ,” or “Made in the Home Kitchen of XYZ,” or “Made in a Home Kitchen,” to their label
NYS Agriculture and Markets: Home ProcessingThe font size for this phrase should be 1/16th inch or larger
NYS Agriculture and Markets: Home Processing
The label also shows
- The common name of the food
- Ingredients, heaviest first
- Net quantity
- Your name and full address
- Allergens, named in the ingredients
Source
Product labels are required to contain the following information: common/usual name of the product, ingredient list in predominance by weight, net quantity of contents, processor name, and full address
NYS Agriculture and Markets: Home ProcessingAll allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame) must be clearly identified in the product ingredient statement
NYS Agriculture and Markets: Home Processing
Before your first sale
This is general information, not legal advice. Check with the New York State Department of Agriculture and Markets before you sell, and again if you add a new food or a new way of selling.
We check these sources every month and update this page when they change.