Cottage food rules
Cottage Food Laws in NYC: What Home Bakers Need
A plain guide to the New York home processor registration and the New York City permit rule, so you know what to check before you sell.
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What to remember
- New York’s Home Processor Exemption is free to register and has no annual sales cap.
- The registration has no renewal and stays valid until the operator moves.
- Home-processed food must be sold within New York State, pre-packaged and labeled at home.
- You cannot package home-processed items at a craft fair or farmers market.
- The NYC Health Code requires a permit for a food service establishment or non-retail food processing establishment, except as Article 81 allows.
If you bake in New York City and sell from home, the state registration and the city health code both matter. Read both before you print labels or take a deposit. The state rule tells you what the Home Processor Exemption covers, and the city rule tells you when a permit from the Commissioner is required.
Start with the state Home Processor Exemption
New York lets residents sell homemade food from their own kitchen under the Home Processor Exemption after registering for free with the Department of Agriculture and Markets. Bakers apply for a Home Processor Exemption from that department. The exemption is run by the Department of Agriculture and Markets and has no permit fee, no annual sales cap, and no renewal. Registration stays valid until the operator moves.
If you are not eligible for the Home Processor Exemption, you must obtain a Food Service Establishment permit from your local health department. That is the state health department rule. In New York City, Article 81 of the NYC Health Code says no person may operate a food service establishment or non-retail food processing establishment without a permit issued by the Commissioner, except as specified in that section.
What the exemption lets you do
Home-processed items must be sold within New York State. They must be pre-packaged in the home and properly labeled. Packaging of home-processed food items at an agricultural event such as a craft fair or farmers market is not permitted. So pack and label at home before you load the car.
If you are still working out what goes on a label, our guide to cream cheese and cottage food laws is a useful place to check ingredient questions. For a nearby state comparison, read cottage food laws in CT and cottage food laws in Mass.
The New York City permit question
The state registration and the city health code both matter when you sell in New York City. Under Article 81 of the NYC Health Code, no person may operate a food service establishment or non-retail food processing establishment without a permit issued by the Commissioner, except as specified in that section. If your kitchen or your sales setup falls under that language, the city permit is the rule to confirm. A home baker who is not eligible for the Home Processor Exemption must obtain a Food Service Establishment permit from the local health department.
What to confirm before you sell
Check the state exemption
Read the New York State Department of Agriculture and Markets page on home processing and confirm whether the Home Processor Exemption fits your kitchen.
Register if you are eligible
New York lets residents sell homemade food under the exemption after registering for free with the Department of Agriculture and Markets.
Check the city rule
Read Article 81 of the NYC Health Code and confirm whether a permit from the Commissioner is required for your food service establishment or non-retail food processing establishment.
Pack and label at home
Home-processed items must be pre-packaged in the home and properly labeled, and must be sold within New York State.
Keep market packaging off the table
Packaging at an agricultural event such as a craft fair or farmers market is not permitted.
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Common questions
Do I need a permit to sell homemade food in New York?
New York lets residents sell homemade food under the Home Processor Exemption after registering for free with the Department of Agriculture and Markets. The exemption has no permit fee.
Does the Home Processor Exemption expire?
No. The registration has no renewal and stays valid until the operator moves.
Can I sell my home-baked goods outside New York State?
No. Home-processed items must be sold within New York State.
Can I package my bakes at a farmers market?
No. Packaging of home-processed food items at an agricultural event such as a craft fair or farmers market is not permitted.
What if I am not eligible for the Home Processor Exemption?
If you are not eligible, you must obtain a Food Service Establishment permit from your local health department.
Does NYC have its own permit rule?
Under Article 81 of the NYC Health Code, no person may operate a food service establishment or non-retail food processing establishment without a permit from the Commissioner, except as that section specifies.
Sources
This is general information, not legal advice. Confirm your situation with the New York State Department of Agriculture and Markets and the New York City Department of Health.