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State Regulations › New York

New York cottage food law

Selling home-baked goods in New York

How home bakers in New York can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry.

At a glance

Sales limit
The state sets no yearly sales limit.
License or permit
Yes: Home processor registration (fee: No fee at this time (NYSDAM)).
Food safety training
No food safety training is required by the state.
Online orders
Allowed within New York State only.
Label statement
“Made in a Home Kitchen”

About this information. New York’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Home processor (exempt from Article 20-C licensing; registration with the Department of Agriculture and Markets)

Agriculture and Markets Law Article 20-C (sections 251-z-3 licensing, 251-z-4 exemptions by regulation); 1 NYCRR 276.3(b)(1), (b)(3) and 276.4(b), (h), (i) · Exemption created by regulation (1 NYCRR 276.4(b)) under AGM 251-z-4; 2018 Department policy change allowed online sales in New York and sales from home

Yearly sales limit
No state limit
No sales limit appears in 1 NYCRR 276.4 or on the NYSDAM home processing page.
Permit or registration
Yes
Home processor registration (exemption from the Article 20-C license)
New York State Department of Agriculture and Markets, Division of Food Safety and Inspection
Fee: No fee at this time (NYSDAM)
Official page
Food safety training
No
Where you make it
A private home or residence, using only the ordinary kitchen facilities of that home that are also used to prepare food for the household (1 NYCRR 276.3(b)(3)). Commercial equipment is not allowed. Homes on a private well must send a negative Total Coliform and E. coli test from a certified lab (NYSDAM). Registration is for one location; moving means applying again.
Selling in person
Allowed in New York: from home (NYSDAM 2018), farms, farm stands, farmers markets, green markets, craft fairs, flea markets. Products must be packaged and labeled at home; packaging at a market or event is not allowed.
Phone and online orders
Allowed within New York State only. Internet sales allowed in New York (NYSDAM); NYSDAM's 2018 announcement permits "all modes of delivery and sales within New York State". Websites and social media may not advertise prohibited foods.
Delivery and shipping
Allowed: home delivery within New York (NYSDAM)
Selling out of state
No
Stores and wholesale
Allowed: wholesale to local restaurants, cafes, and grocery stores in New York State, packaged and labeled (NYSDAM); sales to retail stores and through CSA subscriptions named in NYSDAM's 2018 announcement

Examples you can sell

Home processed foods that are not potentially hazardous, not low-acid canned foods, and not acidified foods (1 NYCRR 276.3(b)(3)); only products on the NYSDAM approved list and approved on your registration. Any finished food that needs refrigeration is prohibited.

  • Breads, biscuits, bagels, muffins, scones (may contain high-acid fruits, commercially dried fruits or commercially dried herbs; no vegetables)
  • Rolls and cinnamon rolls
  • Doughnuts (no cream fillings)
  • Cookies, baklava, brownies
  • Biscotti, cake pops (no chocolate or candy melts for topping)
  • Cakes and cupcakes (no homemade buttercream or cream cheese frostings; shelf-stable or commercially made frostings are allowed)
  • Double-crust fruit pies only
  • Fruit jams, jellies, and marmalades made with high-acid (low pH) fruits
  • Repacking or blending commercially dried spices or herbs; seasoning salt
  • Repackaging dried or dehydrated vegetables, dried fruit, dried soup mixes (drying herbs or fruit yourself is prohibited)

Not allowed

  • Any finished food that needs refrigeration
  • Potentially hazardous foods: perishable foods made with milk or milk products, eggs, poultry, fish, shellfish, or other ingredients that support rapid growth of harmful microorganisms (1 NYCRR 276.3(b)(1))
  • Low-acid canned foods and acidified foods, such as pickles and relishes (1 NYCRR 276.3(b)(3))
  • Homemade buttercream or cream cheese frosting containing dairy or eggs
  • Breads containing vegetables
  • Products containing alcohol
  • "No-bake" products
  • Pickles, relishes, jalapenos, sauerkraut
  • Sauces, salsas, marinades, mustards, ketchups, vinegars
  • Pepper, wine, vegetable, and flower jellies; chutneys; fruit syrups; simple syrups

The statement recommended on your labels

Made in a Home Kitchen

Common questions about New York’s cottage food law

Can I sell baked goods from home in New York?

Yes. New York lets home bakers sell food made in their own kitchen as a home processor (exempt from Article 20-C licensing; registration with the Department of Agriculture and Markets). Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in New York?

Yes: Home processor registration (fee: No fee at this time (NYSDAM)).

How much can I sell from home in New York?

The state sets no yearly sales limit.

Do I need food safety training in New York?

No food safety training is required by the state.

Can I sell online or ship my baked goods in New York?

Online and phone orders: Allowed within New York State only. Delivery and shipping: Allowed: home delivery within New York (NYSDAM). Selling to other states is not allowed.

What must a cottage food label say in New York?

Labels should carry this statement: “Made in a Home Kitchen”. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows New York’s rules

The program puts New York’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

Try it free for 30 daysSee what it does

Official sources

  1. NYSDAM: Home Processing
  2. NYSDAM: Home Processing (node 4011)
  3. NYSDAM FSI-898c Home Processor Registration Request (Rev. 03/20)
  4. NYSDAM: Home Processor Registration Request Form page
  5. NYSDAM press release 2018-04-30: Expands Business Opportunities for Home Food Processors
  6. NYSDAM press release 2020-12-17: Increase in New Home Processors
  7. NYSDAM: Jurisdiction table (2025-03)
  8. NYSDAM: Small food processors presentation
  9. NYSDAM: Maple and Honey Exemption Guidance (2024-07)
  10. NYSDAM FSI-303 Application for Food Processing Establishment License (rev. 03/07/2025)
  11. NYSDAM FSI-898d Home Processor Registration (Rev. 1/17, old version, Cayuga County copy)
  12. NY Senate: AGM 251-Z-4 Exemptions

Nearby states

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