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.
- 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
Approved home processed foods
Ag and Markets keeps a closed list. Some favorites, with their conditions:
| Food | Condition |
|---|---|
| Breads, bagels, muffins, biscuits, scones | High acid or commercially dried fruit and dried herbs OK, no vegetables |
| Cookies, brownies, baklava | None listed |
| Cakes and cupcakes | No homemade buttercream or cream cheese frosting |
| Double-crust fruit pies | No single crust, custard, nut or meat pies |
| Jams, jellies and marmalades | Only high acid fruits, like apple, berries, cherry, peach or plum |
| Toffees, caramels and hard candies | None listed |
| Peanut brittle | Commercially roasted nuts only |
| Granola, granola bars and trail mix | Commercially roasted nuts only |
| Popcorn, caramel corn and pretzels | No chocolate or candy melt toppings |
| Crackers and vegetable chips | None listed |
| Spice blends and dry baking mixes | Commercially 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
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 selling | Allowed? |
|---|---|
| Farms, farm stands, farmers markets, green markets | Yes |
| Craft fairs and flea markets | Yes |
| Home delivery | Yes |
| Website and online sales | Yes, to New York customers only |
| Wholesale to restaurants, cafes, grocery stores | Yes, inside New York |
| Shipping to other states | No |
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.
How to register as a home processor
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.
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 →