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.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

Checked against official New York sources on November 2, 2026: online sales and shipping. Anything not marked as checked is our summary — check with the New York State Department of Agriculture & Markets.

Fast facts

Permit
Home processor exemption required (summary)
Annual sales cap
No limit (summary)
Online sales
Allowed (checked)
Shipping
Limited (checked)

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

These lists describe what most cottage food laws allow and prohibit. They aren't New York's official product list: check the New York State Department of Agriculture & Markets for the foods New York actually allows.

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

Most states require the elements below. New York's exact list may differ, so confirm it with the New York State Department of Agriculture & Markets.

  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

The New York State Department of Agriculture & Markets administers cottage food rules in New York. Their page is the authoritative, current version of everything summarized here.

Visit the New York State Department of Agriculture & Markets

Sources we checked on November 2, 2026:

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Cottage food laws in other states