Cottage food rules
Cottage Food Laws Upstate NY: What Home Bakers Need
What upstate New York home bakers register for, what it costs, and what you can sell.
On this page
What to remember
- Register with the New York State Department of Agriculture and Markets before you sell.
- No permit fee, no annual sales cap, and no renewal.
- Your registration stays valid until you move.
- You are exempt from the Article 20-C food processing license and the Article 28 retail food store license.
- Only certain foods fit, such as certain baked goods, jellies, and snack mixes.
If you bake in Syracuse, Binghamton, Buffalo, or anywhere in between, the program you deal with is run at the state level by the New York State Department of Agriculture and Markets. That matters, because it means one set of paperwork rather than a patchwork of town rules. Read the full picture in cottage food laws in NY State before you print a single label.
Who the exemption is for
The exemption is built for home food processors. In New York, people who want to operate a cottage food business are typically required to have a home processor permit, and they have to meet certain qualifications to get it. Not every food fits under the umbrella. The state describes the exemption in terms of certain baked goods, jellies, and snack mixes, so check your own bakes against that before you build a menu around them.
What you do not have to get
Home processors are exempt from the Article 20-C food processing license and the Article 28 retail food store license. What you do need is registration with the Department of Agriculture and Markets. That is the piece to have in place before you take your first paid order.
What it costs and how long it lasts
This is the part that surprises most bakers. There is no permit fee, no annual sales cap, and no renewal, and your registration stays valid until you move. So getting set up properly costs you time and paperwork, not a yearly bill and not a slice of every sale.
Once you are registered and selling
Registration is a one time job. Selling is the ongoing one. Once orders start coming in you need a clear record of what you sold, what you charged, and what you have in the cupboard, especially if you are baking for shops as well as neighbors. If you are baking around Rochester or the Finger Lakes, cottage food laws in Rochester, NY goes into local detail. For the wider state view, start with cottage food laws in New York. And if you are still deciding whether this path is for you, cottage food laws by state shows how New York compares.
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Common questions
Do I need a permit to sell baked goods from my home upstate?
New York home processors are required to register with the Department of Agriculture and Markets, and people operating a cottage food business are typically required to have a home processor permit and meet certain qualifications to get it.
How much does it cost?
There is no permit fee. There is also no annual sales cap and no renewal.
Does my registration expire?
No. Registration stays valid until the operator moves.
Do I need a food processing license?
Home processors are exempt from the Article 20-C food processing license and the Article 28 retail food store license, but they still have to register with the Department of Agriculture and Markets.
What can I sell under the exemption?
The state describes the exemption as covering foods such as certain baked goods, jellies, and snack mixes. Check your specific products with the Department of Agriculture and Markets before you sell them.
Sources
This is general information, not legal or tax advice. Rules can change, so confirm your own situation with the New York State Department of Agriculture and Markets before you sell.