Cottage food rules
New York State Cottage Food Laws: Home Processor Exemption
A plain guide to New York's Home Processor Exemption, from free registration to labels and sales limits.
On this page
What to remember
- Register for free with the New York State Department of Agriculture and Markets.
- Sell only within New York State.
- Pre-package and properly label every item in your home.
- There is no permit fee, no annual sales cap, and no renewal.
- The registration stays valid until you move.
If you are searching for New York State cottage food laws, the program you want is the Home Processor Exemption. It is the route for home-processed foods made in your own kitchen. The rules are specific, so read them before you take your first order. For a quick yes or no answer, see Does New York have a cottage food law?. When you are ready to file, how to apply for cottage food law step by step walks through the paperwork. If you are still deciding whether this is the right path, license to sell baked goods from home helps you compare your options.
What the Home Processor Exemption covers
The exemption lets people make foods such as certain baked goods, jellies, or snack mixes in their home kitchen for sale. Under 1 NYCRR section 276.4, processors of home-processed foods who sell or offer such foods for sale are exempt from the licensing requirements of article 20-C when the conditions are met. The exemption has conditions, including labeling and water testing requirements. The name matters when you search or call, because New York’s home food rules are called the Home Processor Exemption.
How to register and stay within the rules
Check that your food fits
The exemption covers foods such as certain baked goods, jellies, or snack mixes made in your home kitchen.
Register for free
Register with the New York State Department of Agriculture and Markets. There is no permit fee.
Keep your registration valid
The registration stays valid until you move. There is no renewal.
Package in your home
Pre-package every item in your home before you sell it.
Label every item
Follow New York’s labeling requirements for home-processed foods. The exemption includes labeling requirements.
Plan for water testing
The Home Processor Exemption includes water testing requirements. Plan for this before your first sale.
Sell inside New York
All home-processed items must be sold within New York State.
Labels, water testing, and where you can sell
Labeling is not optional. Home-processed items must be pre-packaged in the home and properly labeled. New York’s Home Processor Exemption includes labeling and water testing requirements, so build both into your routine before you sell. All home-processed items must be sold within New York State. Plan your sales so every item stays in state.
What you do not have to pay or renew
New York’s Home Processor Exemption has no permit fee, no annual sales cap, and no renewal. The registration stays valid until you move. That means you can start without a permit fee and without a yearly renewal. There is no annual sales cap, so you do not have to stop at a set dollar amount.
The free registration and the lack of a sales cap are part of the exemption. The trade-off is that you must stay within the rules on packaging, labels, water testing, and in-state sales. Keep a copy of your registration and your labels in one place so you can find them when you need them.
Common questions
Is there a cottage food law in New York?
New York uses the Home Processor Exemption for home-processed foods such as certain baked goods. You register for free with the New York State Department of Agriculture and Markets.
How much does it cost to register?
There is no permit fee. The registration is free.
Is there a sales cap?
No. New York's Home Processor Exemption has no annual sales cap.
Can I sell my bakes outside New York?
No. All home-processed items must be sold within New York State.
Do I need to renew?
No. There is no renewal. The registration stays valid until you move.
What labeling do I need?
Home-processed items must be pre-packaged in your home and properly labeled. The exemption includes labeling and water testing requirements.
Sources
General information, not legal or tax advice. Check with the New York State Department of Agriculture and Markets for your situation.