Cottage food rules
Cottage Food Laws in New York: What Home Bakers Need
The New York home baking rules in plain words, from registration to the sales cap.
On this page
What to remember
- The state program is called the Home Processor Exemption.
- Registration with the Department of Agriculture and Markets is free.
- Certain baked goods, jellies, and snack mixes are named as allowed foods.
- Food made in a home kitchen can be sold wholesale under the exemption.
- The annual sales limit is $50,000.
Where your kitchen sits matters as much as what you bake. If you are inside the five boroughs, read cottage food laws in NYC first, because the city carries requirements that differ from the rest of the state. Out on the Island, cottage food laws on Long Island walks through the county side. And if you sell across a state line, New Jersey cottage food laws are a separate set of rules entirely.
What you can make and where you can sell it
The exemption covers approved products only, so check your bakes against the list before you take a single order. The rules also cover labeling, registration, and selling within the state. One detail that surprises a lot of home bakers: food prepared in a home kitchen under the exemption may be sold wholesale, not just at a market table or to a neighbor.
Getting set up as a home processor
Check your products against the approved list
The exemption covers certain foods, such as certain baked goods, jellies, and snack mixes. Confirm yours is on the list before anything else.
Register with the Department of Agriculture and Markets
Registration as a home processor is free. Do this before you sell, not after your first order.
Sort out your labels
Labeling is part of the state rules, so get your labels right before the first box leaves your kitchen.
Check for city requirements
If you bake in New York City, look at the city rules. They differ from the rest of the state.
Watch your yearly total
The exemption carries a $50,000 annual sales limit. Keep a running total so you know where you stand.
Labeling, limits, and the wholesale question
Two things trip people up. The first is labeling, which is part of the state rules and applies to what you make at home. The second is the $50,000 annual sales limit. That number is a ceiling on the year, so it pays to know how close you are before you say yes to a big wholesale order. Pricing your bakes properly matters here too, since a wholesale price and a market price are not the same number.
Once you are registered and labeled, the everyday work is the same as any home bakery: take orders, bake, get paid, and keep track of what you sold. Selling within the state is what the rules cover, so if an order would cross a state line, look at that state’s rules before you commit.
Start with the approved product list, then register, then label. That order keeps you out of trouble and gets you selling sooner.
Common questions
Do I need a license to bake at home in New York?
New York uses a free registration as a home processor with the Department of Agriculture and Markets. The rules cover approved products, labeling, registration, and selling within the state.
How much can I sell in a year?
The Home Processor Exemption carries a $50,000 annual sales limit.
Can I sell wholesale under the exemption?
Yes. The Home Processor Exemption permits food prepared in a home kitchen to be sold wholesale.
What foods are allowed?
The exemption names certain foods, such as certain baked goods, jellies, and snack mixes. Check your specific product against the approved list before you sell.
Do the same rules apply in New York City?
No. New York's home processor rules include city specific requirements that differ from the rest of the state, so check the NYC rules if you bake in the five boroughs.
Sources
This is general information about New York's home processor rules, not legal advice. Confirm your products, labels, and sales with the New York Department of Agriculture and Markets before you sell.