New York Cottage Food Laws

The Home Processor exemption is one of the most commercially useful in the country because it permits wholesale. NYC residents should confirm rules with the city before starting.

Fast facts

Permit
Home processor exemption required
Annual sales cap
No limit
Online sales
Allowed
Shipping
Limited

What makes New York different

  • New York issues a Home Processor exemption rather than a cottage food permit
  • There is no sales cap, and you can sell wholesale into retail stores
  • New York City has additional restrictions and is administered separately

Where you can sell in New York

  • Direct to consumer
  • Farmers markets
  • Retail stores
  • Online
  • Wholesale

What you can and can't make

New York follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the New York State Department of Agriculture & Markets product list for state-specific exceptions.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

New York labeling requirements

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for New York

New York State Department of Agriculture & Markets administers cottage food rules in New York.

Last verified:

Visit New York State Department of Agriculture & Markets

Not legal advice. This summary is for general education. Confirm with New York State Department of Agriculture & Markets before you start selling.

Cottage food laws in other states