New York Cottage Food Laws

New York calls home food makers "home processors." A home processor who makes foods on the state's approved list is exempt from the Article 20-C food processing license but must register with the New York State Department of Agriculture and Markets, or NYSDAM. Registration is free. Home processors may sell at retail or wholesale, online and by home delivery, but only within New York. This guide covers what you can sell, how you can sell, labeling and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with NYSDAM's Division of Food Safety and Inspection, or with an attorney, before you start selling.

Quick facts

• Home processors are exempt from Article 20-C licensing under 1 NYCRR 276.4 but must register with NYSDAM. NYSDAM Home Processing page
• There is currently no registration fee, and registrations do not expire. They are tied to one location. NYSDAM Home Processing page
• Only foods on NYSDAM's approved list may be made, and any product that needs refrigeration is prohibited. NYSDAM Home Processing page
• Sales may be retail or wholesale, including at farms and farmers markets, by home delivery and online, but only within New York. NYSDAM Home Processing page
• Kitchens are reviewed on a complaint basis only. NYSDAM Home Processing page
• No sales cap was found in NYSDAM's guidance. NYSDAM Home Processing page

What the law calls it

• NYSDAM uses "home processor" and "home processed food," meaning food processed in a private home using only its ordinary kitchen facilities. "Cottage food" and "home bakery" are everyday names, not New York legal terms. NYSDAM Home Processing page

Foods you can sell

• Approved foods include breads, rolls, biscuits, bagels and muffins without vegetables; doughnuts without cream fillings; cookies; baklava; biscotti; cakes and cupcakes without homemade buttercream or cream cheese frosting; cake pops; brownies; double-crust fruit pies; scones; jams, jellies and marmalades from high-acid fruits; repacked commercially dried spices, herbs, vegetables, fruit and soup mixes; dry baking mixes; seasoning salt; fudge; popcorn and caramel corn; peanut brittle, granola and trail mix with commercially roasted nuts; waffle cones and pizzelles; toffee and caramel apples; sugar confections; vegetable chips; crackers; and pretzels. Some items may not use chocolate or candy melts. NYSDAM Home Processing page

Foods you cannot sell

• Prohibited items include homemade buttercream or cream cheese frosting with dairy or eggs; vegetable breads; products with alcohol; no-bake products; pickles, relishes and sauerkraut; sauces, salsas and condiments; pepper, wine and vegetable jellies; canned fruits or vegetables; cheesecake and cream, custard and meringue pies; tempered or melted chocolate for dipping or coating; raw nuts; dairy products; meat, fish and poultry; beverages; roasted coffee; nut butters; and freeze-dried foods. NYSDAM Home Processing page

Sales limit

• No sales cap was found in NYSDAM's guidance. NYSDAM Home Processing page

Where and how you can sell

• Retail and wholesale, including at farms, farm stands, farmers markets, green markets, craft fairs and flea markets. NYSDAM Home Processing page
• Online and home delivery: allowed within New York. NYSDAM Home Processing page
• Wholesale: allowed to restaurants, cafes, grocery stores and other facilities in New York. NYSDAM Home Processing page
• Out of state: not allowed. Shipping products out of state is not permitted. NYSDAM Home Processing page
• Products must be prepackaged and labeled at home. Packaging at a market or event is not permitted. NYSDAM Home Processing page

Labeling rules

• Labels must show the common name of the product, ingredients by predominance of weight, net quantity, the processor's name and full address, and all major allergens. NYSDAM Home Processing page
• The address must include the street address or post office box, city, state and ZIP code. NYSDAM Home Processing page
• NYSDAM recommends adding a phrase such as "Made in a Home Kitchen" in letters at least 1/16 inch tall. NYSDAM Home Processing page

Registration and kitchen rules

• Submit the Home Processor Registration Request by email or mail. Private well users must include a certified lab test for total coliform and E. coli. NYSDAM Home Processing page
• Commercial equipment is not allowed. NYSDAM Home Processing page
• The exemption is not available to anyone who holds a Department of Health permit or NYSDAM license. NYSDAM Home Processing page

Zoning, HOAs and local rules

• NYSDAM tells home processors to get local zoning approval before starting. NYSDAM Home Processing page
• Check your HOA documents, since NYSDAM does not review private covenants.

Inspections

• Home kitchens are reviewed on a complaint basis only. NYSDAM Home Processing page

When you need a license instead

• Foods that are not on the approved list, or that need refrigeration, must be made in a facility licensed by NYSDAM or permitted by the Department of Health. NYSDAM Home Processing page

Timeline

• The home processor exemption is in 1 NYCRR 276.4. NYSDAM's page does not give dates for its list changes. NYSDAM Home Processing page
• Oct. 13, 2026: this page was last reviewed against NYSDAM guidance.

Frequently asked questions

Do I need a license to sell baked goods from home in New York?

No license, but you must register with NYSDAM as a home processor and make only approved foods. Source: NYSDAM Home Processing page.

How much does home processor registration cost?

There is currently no fee, and registration does not expire. Source: NYSDAM Home Processing page.

Is there a sales cap in New York?

No sales cap was found in NYSDAM's guidance. Source: NYSDAM Home Processing page.

Can I sell homemade food online in New York?

Yes, within New York. Source: NYSDAM Home Processing page.

Can I ship homemade food to other states from New York?

No. Shipping products out of state is not permitted. Source: NYSDAM Home Processing page.

Can I sell to coffee shops and grocery stores?

Yes, wholesale to facilities in New York. Source: NYSDAM Home Processing page.

Can I use buttercream frosting?

Not homemade buttercream or cream cheese frosting containing dairy or eggs. Source: NYSDAM Home Processing page.

Can I sell birthday or wedding cakes?

Cakes are on the approved list, but homemade buttercream and cream cheese frostings are not. Ask NYSDAM about decorated cakes. Source: NYSDAM Home Processing page.

What does a New York home processor label need?

Product name, ingredients, net quantity, your name and full address and allergens. NYSDAM recommends "Made in a Home Kitchen." Source: NYSDAM Home Processing page.

Will NYSDAM inspect my kitchen?

Only after a complaint. Source: NYSDAM Home Processing page.

Official sources

• NYSDAM: Home Processing

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with NYSDAM's Division of Food Safety and Inspection, or with an attorney, before you start selling.