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Cottage food laws

New York Cottage Food Law

Can you sell homemade food from your home kitchen in New York? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Home Processor Exemption
Annual sales cap
No cap
Where you can sell
Direct/in-personFarms/farm standsFarmers/green marketsCraft/flea marketsHome delivery (in-state)Online (in-state only)
Registration / to start
Register with NY Dept of Agriculture & Markets as a Home Processor (no fee, no permit issued, no expiration)
Allowed foods
Non-TCS: breads, rolls, biscuits, bagels, muffins, doughnuts, cookies, brownies, non-refrigerated cakes, high-acid jams/jellies/preserves, hard candy, fudge, peanut brittle, caramel corn, dried/blended spices
Not allowed
Anything with chocolate, cheesecakes, custard/cream pies, cream-cheese frostings, refrigerated fillings, salsas/acidified sauces, pickles/fermented foods, dairy, meat/fish, beverages, alcohol
When you need a commercial / commissary kitchen
Selling TCS/refrigerated foods, wholesale, or out of state requires a 20-C food-processing license
Administered by
New York State Department of Agriculture & Markets (NYSDAM) · N.Y. Agric. & Mkts. Law Art. 20-C (Home Processor Exemption)

Source: New York State Department of Agriculture & Markets (NYSDAM). Cottage food laws change often — confirm current rules before selling.

Good to know

No revenue cap; free registration (not a permit). In-state sales only; notably excludes chocolate-containing items. Move to Article 20-C licensing for broader foods/venues.

Outgrowing cottage food? When you need a licensed kitchen, see New York food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in New York?
Yes. New York has a cottage food framework (Home Processor Exemption) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by New York State Department of Agriculture & Markets (NYSDAM).
What foods can I sell under New York's cottage food law?
Non-TCS: breads, rolls, biscuits, bagels, muffins, doughnuts, cookies, brownies, non-refrigerated cakes, high-acid jams/jellies/preserves, hard candy, fudge, peanut brittle, caramel corn, dried/blended spices Not allowed: Anything with chocolate, cheesecakes, custard/cream pies, cream-cheese frostings, refrigerated fillings, salsas/acidified sauces, pickles/fermented foods, dairy, meat/fish, beverages, alcohol
When do I need a commercial or commissary kitchen in New York?
Selling TCS/refrigerated foods, wholesale, or out of state requires a 20-C food-processing license At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in New York?
Register with NY Dept of Agriculture & Markets as a Home Processor (no fee, no permit issued, no expiration)
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