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New York Cottage Food Law

New York cottage food law is the Home Processor exemption from the Department of Agriculture and Markets. Register for free, make approved shelf-stable foods like breads, cookies, jams and candy in your home kitchen, and sell them anywhere in New York: at farmers markets, online, by home delivery and even wholesale to local cafes and grocery stores. Everything is packaged and labeled at home, and nothing leaves the state.

New York cottage food law: map of the United States with New York highlighted
RegistrationFreeNo fee and no expiration date. It is tied to your address, so you reapply when you move.
WholesaleAllowedSell to restaurants, cafes and grocery stores, as long as they are in New York State.
Kitchen inspectionOn complaintNo routine visits: kitchens are reviewed only after a complaint.
Out of stateNot allowedAll sales stay inside New York, online orders included.
01

Who the New York home processor exemption covers

New York has no law named cottage food. A registered home processor is exempt from Article 20-C food processing licensing for approved, non-potentially hazardous foods made in an ordinary home kitchen.

NYS Agriculture and Markets, on 1 CRR-NY 276.4Its intent is to allow certain types of food processing to be conducted without having to comply with the licensing requirement if the Department determines that the protection of the consumers of the state as a whole will not be impaired.
  • Ordinary kitchen facilities only: commercial equipment is not allowed
  • Not open to anyone who holds a Department of Health permit or an Ag and Markets license
  • On a private well? Send certified lab results negative for total coliform and E. coli
  • Check with your local zoning officials before you start
02

Approved home processed foods

Ag and Markets keeps a closed list. Some favorites, with their conditions:

FoodCondition
Breads, bagels, muffins, biscuits, sconesHigh acid or commercially dried fruit and dried herbs OK, no vegetables
Cookies, brownies, baklavaNone listed
Cakes and cupcakesNo homemade buttercream or cream cheese frosting
Double-crust fruit piesNo single crust, custard, nut or meat pies
Jams, jellies and marmaladesOnly high acid fruits, like apple, berries, cherry, peach or plum
Toffees, caramels and hard candiesNone listed
Peanut brittleCommercially roasted nuts only
Granola, granola bars and trail mixCommercially roasted nuts only
Popcorn, caramel corn and pretzelsNo chocolate or candy melt toppings
Crackers and vegetable chipsNone listed
Spice blends and dry baking mixesCommercially dried ingredients; drying herbs yourself is prohibited

Some of the foods Ag and Markets prohibits:

  • Any finished product that needs refrigeration, like cheesecake or cream pies
  • No-bake products and anything with alcohol
  • Pickles, relishes, sauces, salsas, mustards, ketchups and vinegars
  • Pepper, wine, vegetable and flower jellies, chutneys and syrups
  • Tempered chocolate or candy melts for dipping, like cocoa bombs
  • Raw nuts, nut butters and freeze-dried foods
  • Roasting or grinding coffee beans
  • Meat, fish, poultry, dairy products and beverages
03

Where and how you can sell

New York lets home processors sell both retail and wholesale, as long as every sale stays in New York.

Way of sellingAllowed?
Farms, farm stands, farmers markets, green marketsYes
Craft fairs and flea marketsYes
Home deliveryYes
Website and online salesYes, to New York customers only
Wholesale to restaurants, cafes, grocery storesYes, inside New York
Shipping to other statesNo

Food must be packaged and labeled in your home. Packing it at a farmers market or craft fair is not permitted. Your website and social media may not advertise foods outside the exemption.

04

How to register as a home processor

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There is no fee. To add products or change your trade name later, send the form again marked as a supplemental registration with the new product list.

Your registration becomes null and void if you make or sell foods outside the exemption, or open a food business licensed by Ag and Markets or permitted by the Department of Health. From then on, all food comes from the commercial facility.

05

When you outgrow the home processor exemption

Shipping across state lines, refrigerated products, sauces or pickles need a licensed food processing facility. Then the full federal label applies, usually including Nutrition Facts.

Nutrition Facts Label Requirements →
The label

What your New York home processor label must say

Ag and Markets lists five label items, and asks home processors to add a home kitchen phrase in letters at least 1/16 inch tall.

  1. 1
    Common or usual name
    Like "Blueberry Muffins".
  2. 2
    Ingredients by weight
    Heaviest first, with sub-ingredients in parentheses.
  3. 3
    Net quantity of contents
    For example "NET WT 9 OZ (255 g)".
  4. 4
    Processor name and full address
    Street address or PO Box, city, state and ZIP code.
  5. 5
    Allergens
    Eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat and sesame clearly identified.
  6. 6
    The home kitchen phrase
    A phrase like "Made at Home by XYZ" or "Made in the Home Kitchen of XYZ" works too.
  7. Required statement, word for wordCopy exactlyMade in a Home Kitchen
Questions

New York Cottage Food Law: questions

Not by that name. Home bakers register for the Home Processor exemption with the Department of Agriculture and Markets, under 1 NYCRR 276.4, which works like a cottage food law.

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