Cottage food rules
Cottage Food Laws Near New York, NY: What to Check First
What New York actually asks of a home baker, in plain words.
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What to remember
- Home processed items can only be sold within New York State.
- Everything has to be pre-packaged in your home, not at the market.
- Packaging at a craft fair or farmers market is not permitted for home processors.
- An Article 20C food processing establishment license applies to any business that makes food for people.
- New York has labeling rules, and the state guide to them says it is not a complete list.
The rules that cover a home baker in New York come from the New York State Department of Agriculture and Markets. If you are baking in Queens or Yonkers and selling to neighbors, this is the place to look first. Here is what those rules ask of you, in the order you will run into them. For the wider picture across the country, start with cottage food laws in the United States.
Where you can sell, and how it has to be packaged
Home processed food items must be sold within New York State. That is the outer edge of where your bakes can travel, so a cousin across the river in another state is not a customer for a home processed cake.
Everything also has to be pre-packaged in the home. You wrap, box, and seal it at your own counter, before the car is loaded. The state is clear that packaging of food items at an agricultural event, such as a craft fair or farmers market, is not permitted for home processors. The table is for selling, not for wrapping.
Labels, and the license question
New York State has labeling regulations for foods offered for sale in the state. The department publishes a short official guide to them, and that guide says plainly it is not a complete list of every labeling requirement. Read it, then check anything unusual about your product before you print a batch of labels.
The bigger question is licensing. The Department of Agriculture and Markets issues licenses to many kinds of food businesses, and the type of license depends on the food processing done at the establishment. The department states that an Article 20C food processing establishment license is required for any business that makes food for people. That is the sentence to read twice before you assume a home kitchen needs nothing at all. How to get a permit to sell baked goods from home walks through the questions worth asking.
What to check before you take orders
Work through these in order. None of them takes long, and each one saves you a headache later.
Read the home processing page
Start with the Department of Agriculture and Markets home processing guidance and read it against what you actually plan to bake.
Check your label against the state guide
The official labeling guide is short, and it says it is not all-inclusive, so confirm anything unusual about your product.
Settle the license question
Ask the department whether an Article 20C food processing establishment license applies to what you make, since the type of license depends on the food processing done.
Keep packaging in your kitchen
Pre-package in your home. Do not plan to wrap or box anything at a craft fair or farmers market.
Stay inside New York State
Home processed items must be sold within New York State, so keep your delivery and pickup plan in state.
If you are still deciding what belongs on your table, what can you sell from home helps you sort the safe list from the risky one. And if you bake near the city and also sell to family in another state, keep the state line in mind when you quote a delivery.
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Common questions
Can I sell my bakes outside New York State?
No. Home processed food items must be sold within New York State.
Can I package cookies at the farmers market?
No. Packaging of food items at an agricultural event such as a craft fair or farmers market is not permitted for home processors. Everything has to be pre-packaged in your home.
Do I need a license to make food in my home?
An Article 20C food processing establishment license is required for any business that makes food for people, and the type of license depends on the food processing done at the establishment. Ask the department what applies to your kitchen.
Where do I find the labeling rules?
The Department of Agriculture and Markets publishes a short official guide to New York labeling regulations. The guide notes that it is not all-inclusive, so confirm anything unusual before you print.
Does this cover rules for New York City itself?
The rules here come from the New York State Department of Agriculture and Markets. Confirm with the department what applies at your exact address before you sell.
Sources
- New York State Department of Agriculture and Markets: Home Processing
- New York State Department of Agriculture and Markets: Food Processing Establishment License (Article 20C)
- New York State Department of Agriculture and Markets: Food Business Licensing
- New York State Department of Agriculture and Markets: Food Labeling
This is general information about New York State rules, not legal advice. Confirm your own setup with the New York State Department of Agriculture and Markets before you sell.