New York cottage food law: the home processor exemption

The New York State Department of Agriculture and Markets only allows non-potentially hazardous foods that do not need refrigeration. It publishes a list of allowed items. Some carry conditions, so read the page before you register.

• Breads, rolls, cinnamon rolls, biscuits, bagels, muffins and scones (without vegetables)
• Doughnuts without cream fillings, cookies, baklava, biscotti, cakes, cake pops, cupcakes and brownies
• Double-crust fruit pies only
• Fruit jams, jellies and marmalades made with high-acid fruits
• Fudge, popcorn and caramel corn, peanut brittle, Rice Krispies treats, granola, trail mix and granola bars
• Waffle cones, pizzelle, toffee, caramel apples, sugar confections, vegetable chips, crackers and pretzels
• Repacked or blended commercially dried spices, herbs, soup mixes, dried fruit and baking mixes

The Department says any product that requires refrigeration is prohibited. It names these examples. Pet food and treats need a separate registration.

• Buttercream or cream cheese frosting made with dairy or eggs
• Cheesecake, cream pies, quiche and no-bake products
• Pickles, sauces, salsas, vinegars, oils, dressings, compotes, spreads and nut butters
• Cheese, yogurt, dairy, meat, fish and poultry
• Beverages, coffee roasting, alcohol products and freeze-dried foods
• Raw nuts and tempered chocolate for dipping

You are exempt from the Article 20-C processing license, but you must submit a Home Processor Registration Request to the Department's Food Safety and Inspection division. The page says there is currently no fee. Registration has no expiration date and is tied to your location, so you must reapply if you move. To add products, send a supplemental registration.

The Department warns of high volume and asks you to allow up to 16 weeks, handled in the order received. If you use a private well, include a water test from a certified lab.

The Department reviews home kitchens on a complaint basis only. Commercial equipment is not allowed. The page lists no training requirement and sets no dollar sales cap. You cannot use the exemption to supply a store or restaurant of your own if you hold a Department of Health permit or an Agriculture and Markets license.

The Department's page lists farms, farm stands, farmers' markets, green markets, craft fairs and flea markets. It also lists home delivery and internet sales within New York State, and wholesale to local restaurants, cafes and grocery stores within New York State.

Shipping out of state is not permitted. Items must be packaged at home, not at an event. Your website and social media may not advertise prohibited foods, so keep your menu to allowed items.

The Department announced in April 2018 that home processors could sell online within New York. The current page keeps that rule.

Add a phrase such as "Made in a Home Kitchen" (another example the Department gives is "Made at Home by XYZ"), in type 1/16 inch or larger.

• The common name of the product
• Ingredients in order of predominance by weight
• Net quantity
• Your name and full address
• Allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, sesame) clearly identified in the ingredient statement

• Check every product against the allowed and prohibited lists on the Department's page.
• Test your well water first if you have a private well.
• Submit the Home Processor Registration Request and expect up to 16 weeks.
• Print labels with the "Made in a Home Kitchen" phrase and your full address.
• Ask your town about zoning for a home-based business.
• Contact the Department of Taxation and Finance about sales tax.
• Do not sell outside New York or advertise prohibited foods.

New York names internet sales and home delivery inside the state, so your own ordering site fits. Set up yourname.pickup.kitchen while your registration is being processed, so you are ready the week it arrives. Payments go to your own Stripe account.

Pickup windows suit door pickup and market days. Slots close when full, and you can set order cutoffs for a weekly bake. The delivery tools plan your route, send it to your phone, and take a photo at the door.

Your customer list keeps every buyer for the next drop, and you can email them. Keep your menu to the Department's allowed foods. Free onboarding, pay as you use.

Checked November 2026 against the official New York sources linked below. Laws change, so open the official page before you print labels or take your first order.

This is a plain-language summary, not legal advice. Check with your state and county before you sell.