Cottage food rules
Does New York Have a Cottage Food Law?
What New York actually requires, and how to sell bakes from your home kitchen legally.
On this page
What to remember
- New York’s route is the Home Processor Exemption, not a cottage food law by that name.
- Certain baked goods, jellies, and snack mixes may qualify.
- There is no permit fee, no annual sales cap, and no renewal.
- The registration stays valid until you move.
- Sell only in New York, pre-packaged and labeled at home.
If you bake from your home kitchen and want to sell, start with the state rule, then check your menu. Does New York Have Cottage Food Laws? covers the basics, and Cottage Food Law: What Can You Sell From Home? helps you sort the items you want to make.
What the Home Processor Exemption covers
The exemption is for home cooks who plan to make foods such as certain baked goods, jellies, or snack mixes. It lets you prepare food in your home kitchen. The list is specific, so check your items before you print labels or take orders. If you are near the city, Cottage Food Laws Near New York, NY: What to Check First covers the local questions.
The rules that trip up home bakers
Three rules matter most. All items must be sold within New York State. Everything must be pre-packaged in your home and properly labeled. And you cannot package food at an agricultural event such as a craft fair or farmers market. That last one catches people who plan to wrap cookies at the market table. Pack and label at home, then bring the finished items with you.
License, fee, and renewal questions
The Home Processor Exemption carries no permit fee, no annual sales cap, and no renewal. The registration stays valid until you move. Separately, an Article 20C food processing establishment license is required for a business that makes food for people. If your plan does not fit the exemption, ask the Department of Agriculture and Markets which route applies before you sell. For sales tax, see Cottage Food Laws and Sales Tax: What to Expect.
What to do before you sell
Use this order so you do not miss a step.
Check your food against the exemption
The exemption covers home cooks who plan to make foods such as certain baked goods, jellies, or snack mixes. Ask the Department of Agriculture and Markets if your item fits.
Plan to package at home
All items must be pre-packaged in your home and properly labeled.
Keep sales inside New York
All items must be sold within New York State.
Do not package at the event
Packaging food items at an agricultural event such as a craft fair or farmers market is not permitted. Pack and label before you go.
Know the fee and renewal answer
The exemption has no permit fee, no annual sales cap, and no renewal. It stays valid until you move.
Ask about Article 20C if you do not fit
An Article 20C food processing establishment license is required for a business that makes food for people. Confirm which route applies to you.
Try the free bake pricing calculator
Free, no signup.
Common questions
Does New York have a cottage food law?
New York does not use the name cottage food law. The route for home bakers is the Home Processor Exemption, run by the Department of Agriculture and Markets.
Do I need to pay a fee or renew?
The Home Processor Exemption has no permit fee, no annual sales cap, and no renewal. The registration stays valid until you move.
Can I sell at a farmers market or craft fair?
You cannot package food at an agricultural event such as a craft fair or farmers market. All items must be pre-packaged in your home and properly labeled, and all sales must be within New York State.
What foods may qualify?
Home cooks who plan to make foods such as certain baked goods, jellies, or snack mixes may qualify for the Home Processor Exemption. Check your specific items with the Department of Agriculture and Markets.
Do I need an Article 20C license?
An Article 20C food processing establishment license is required for a business that makes food for people. Ask the Department of Agriculture and Markets if your plan fits the Home Processor Exemption or needs the license.
Can I sell my bakes outside New York?
All items must be sold within New York State under the home processing rules.
Sources
General information, not legal or tax advice. Rules can change. Check with the New York State Department of Agriculture and Markets before you sell.