Cottage food rules
Cottage Food Law in New York: What Home Bakers Need
A plain walk through New York's Home Processor Exemption, from the free sign up to the label on the box.
On this page
What to remember
- The program is called the Home Processor Exemption.
- Registration with the Department of Agriculture is free.
- Only approved, non-potentially hazardous foods qualify.
- Everything you make must be sold within New York State.
- There is no sales cap under the exemption.
If you have been baking for neighbors and taking orders by text, this is the page that tells you whether you can keep going and what you have to do first. It is a shorter list than most people expect. Below is what the exemption covers, how the free registration works, how to label your boxes, and where you are allowed to sell.
What you can make under the exemption
The exemption covers approved foods that are not potentially hazardous. Certain baked goods, jellies, and snack mixes are named as examples of foods that may qualify. That word may matters. The list is specific, and the rule is strict: if a food is not explicitly approved, it cannot be made under the exemption. So before you plan a season of orders around one item, confirm that item is on the approved list.
This is where a lot of home bakers get caught out. A cake that sells well at a church fair is not automatically a cake you can sell from home. Check first, then build your menu around what is allowed rather than working backwards from what people ask you for.
Register for free, then label every item
You register for free with the New York Department of Agriculture, and once you are registered you can sell homemade food from your own kitchen under the exemption. Registration is not the hard part. The part people underestimate is packaging and labeling, because both are required, not optional. Every item has to be pre-packaged in your home and properly labeled before it leaves your kitchen.
Proper labeling is where a lot of small baking businesses lose time, so it helps to settle on a label format early and reuse it. Our guide to cottage food law label requirements walks through what belongs on a label, and the cottage food law label template gives you a starting layout you can fill in for each bake.
Check your bake is approved
Look up whether the food you want to sell is explicitly approved and not potentially hazardous. If it is not on the list, it cannot be made under the exemption.
Register for free
Register with the New York Department of Agriculture to sell homemade food from your kitchen under the Home Processor Exemption.
Pre-package at home
Package each item in your own kitchen before it goes out. Pre-packaging is part of the rule, not a nice extra.
Label every item
Put a proper label on each package before it leaves your hands.
Sell inside New York
Keep every sale within New York State. Shipping a box across state lines is outside the exemption.
Where you can sell, and how much
All items made under the exemption must be sold within New York State. That covers your neighbors, your local market, a pickup at your door, and a delivery across town. It does not cover an order that crosses into another state. If you have family in another state asking for a box, the exemption does not follow that box over the border.
The good news is there is no sales cap. You are not counting dollars against a yearly limit, so you can grow from a few weekend orders to a steady weekly list without hitting a ceiling. If you are close to a state line, it is worth reading how a neighboring state handles this, since the rules do not travel with you. Our New Jersey guide is a useful comparison point.
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Common questions
Is there a cottage food law in New York?
New York runs a home-based food program called the Home Processor Exemption rather than a law by the cottage food name. It allows food to be prepared in a home kitchen once you register.
How much does it cost to register?
Registration with the New York Department of Agriculture is free.
Is there a limit on how much I can sell?
No. New York's home processor rules impose no sales cap.
Can I ship my bakes to another state?
No. All items made under the exemption must be sold within New York State.
Can I make anything I want in my home kitchen?
No. The exemption is limited to approved non-potentially hazardous foods, and if a food is not explicitly approved it cannot be made under the exemption.
Do I have to package and label my bakes?
Yes. Items must be pre-packaged in the home and properly labeled.
Sources
This is general information, not legal advice. Rules can change, so confirm the details with the New York Department of Agriculture before you sell.