Cottage food rules
Cottage Food Laws in Rochester, NY: What Home Bakers Need
The state rules, the county office, and what to sort out before your first Rochester sale.
On this page
What to remember
- Registration with the New York Department of Agriculture and Markets is free.
- No permit fee, no annual sales cap, and no renewal.
- Sell only within New York State.
- Package and label at home, never at the market.
- Your registration stays valid until you move.
If you bake in Rochester and want to sell what you make, the rules that matter come from the state rather than the city. New York’s framework for selling homemade food is called the Home Processor Exemption, and it is one of the friendlier ones to work with. It helps to read it alongside the wider picture in cottage food laws by state so you can see where New York sits.
What the exemption lets you sell
The exemption covers home cooks preparing foods such as certain baked goods, jellies, or snack mixes in their home kitchen. That word certain is doing real work in that sentence, so before you build a season of orders around one item, make sure that item is covered.
The rules are set out under New York Agriculture and Markets Law, 1 CRR-NY 276.4. Our guide to cottage food laws in NY State goes through the same exemption with more detail on how it plays out across the state.
Register once, then keep selling
New York lets home bakers sell homemade food under the Home Processor Exemption once they register for free with the Department of Agriculture and Markets. There is no permit fee, no annual sales cap, and no renewal. Registration stays valid until the operator moves, so a Rochester baker who stays in the same kitchen registers once and keeps selling.
Before your first sale
Confirm your bake is covered
The exemption names foods such as certain baked goods, jellies, or snack mixes. Check your item before you plan a menu around it.
Register with the state
Sign up with the New York Department of Agriculture and Markets. It is free, and there is no annual sales cap waiting for you on the other side.
Set up your labels at home
Home-processed items must be pre-packaged in the home and properly labeled, so every jar and box leaves your kitchen finished and marked.
Keep your selling inside New York
Home-processed items must be sold within New York State only. No shipping a box to a friend in another state.
Price so the baking pays you
Registration is free, but your ingredients and your hours are not. Work out a price before the first order lands.
Sell only in New York, and label before you leave the kitchen
Two conditions come with the exemption, and both catch people out. Home-processed items must be sold within New York State only, and they must be pre-packaged in the home and properly labeled. That shapes how you set up your table at a Saturday market as much as it shapes what you can ship.
Where Monroe County fits in
Monroe County runs its own food protection work. The county’s Food Protection program issues permits to food service establishments in Monroe County and enforces Subparts 14-1, 14-2, 14-4, and 14-5 of the New York State Sanitary Code. The home processor registration itself is handled by the state Department of Agriculture and Markets, so it helps to know which office does which job when you are reading forms.
Your paperwork is light, which means the ordinary habits are what protect you. Keep a record of what you made and when, label with the information the state asks for, and price so the baking pays you. Cottage food laws in New York covers the state picture in more depth if you sell beyond Rochester.
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Common questions
Do I need a permit to sell baked goods from my Rochester home?
New York lets home bakers sell homemade food under the Home Processor Exemption once they register for free with the Department of Agriculture and Markets. There is no permit fee, no annual sales cap, and no renewal.
Can I sell at a farmers market or craft fair?
You can sell there, but packaging of home-processed food items at an agricultural event such as a craft fair or farmers' market is not permitted. Everything has to be pre-packaged in the home and properly labeled before you arrive.
Can I ship an order to another state?
No. Home-processed items must be sold within New York State only.
How long does the registration last?
The registration carries no renewal and stays valid until the operator moves.
What does Monroe County handle?
Monroe County's Food Protection program issues permits to food service establishments in Monroe County and enforces Subparts 14-1, 14-2, 14-4, and 14-5 of the New York State Sanitary Code. The home processor registration itself goes through the state Department of Agriculture and Markets.
Sources
General information, not legal advice. Rules and local offices change, so confirm the details with the New York Department of Agriculture and Markets and with Monroe County before you sell.