Cottage Food Law Map › State guides › New York

Home food business guide · Last reviewed October 2026

Cottage Food Laws in New York

New York doesn't state a sales cap in its guidance. Getting started: Home Processor registration (no fee). Foods that need refrigeration have to be made in a commercial kitchen. Of the 40 common products in our finder, 8 can be made in a home kitchen in New York, many with conditions.

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A food scientist's take on New York

New York's home processor registration has an unusual benefit. Registered home processors can sell wholesale to local restaurants, cafés, and grocers, which most states don't allow. Registration is free, and no sales cap is stated.

The trade-off is a short list of allowed products and a review that can take up to 16 weeks, so it is worth applying well before the first market. Many products allowed in other states are prohibited here, including roasted coffee, nut butters, tempered chocolate, freeze-dried foods, and buttercream made with dairy or eggs. Checking a product against the allowed list should come before designing a label.

Quick facts

Sales cap
No cap stated
Permit or registration
Home Processor registration (no fee)
Online & shipping
Online with delivery in New York; no out-of-state sales
Sell through stores
Local restaurants, cafés, and grocers in New York
Refrigerated & TCS foods
No

Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.

Check a product in the interactive mapPrint a one-page handout

New York ranks 22nd of 51 in our Cottage Food State Rankings, with a score of 64 out of 100.

To see how many items you can sell before the cap, try the pricing and sales cap calculator. When you're ready to grow, read Outgrowing cottage food.

What can you make at home in New York?

How 40 common products are treated in New York, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.

Allowed from a home kitchen

  • Sourdough bread. Breads, cookies, cakes, brownies, and similar baked goods are allowed. Vegetables in breads aren't.
  • Cookies & brownies. Breads, cookies, cakes, brownies, and similar baked goods are allowed. Vegetables in breads aren't.
  • Fruit pie. Double-crust fruit pies are allowed.
  • Strawberry jam. Jams, jellies, and marmalades from listed high-acid fruits are allowed.
  • Granola. Granola, trail mix, and blends of commercially dried spices are allowed.
  • Spice rubs & seasoning blends. Granola, trail mix, and blends of commercially dried spices are allowed.
  • Loose-leaf tea blends. Repacking and blending commercially dried herbs is allowed.
  • Toffee, fudge & caramels. Fudge, toffee, peanut brittle, and sugar confections are allowed.

Needs a commercial kitchen

Needs a canning license

Regulated separately

  • Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
  • Cheese & yogurt. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Dairy products are licensed separately, through the state's dairy program.
  • Cold-pressed juice. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Juices aren't home-kitchen foods. Wholesale juice needs a Juice HACCP plan with a 5-log pathogen reduction.

Ask the agency first

How to start selling from home

  1. Check that each product is on Agriculture and Markets' allowed list.
  2. Submit a Home Processor Registration Request. There's no fee, but review can take up to 16 weeks.
  3. If you use a private well, send a certified lab potability test.
  4. Package and label everything at home before it goes to market (see the checklist below).

Legal paths

Home processor

Where
Your home kitchen, with no commercial equipment
Sell
Farm stands, farmers markets, craft fairs, online with delivery in New York, and wholesale to local restaurants, cafés, and grocers. No out-of-state sales.
Sales cap
None stated
Paperwork
Registration with Agriculture and Markets; no fee

Commercial kitchen

Where
A licensed food processing facility
Sell
Wholesale and retail, any properly processed food
Sales cap
None
Paperwork
Article 20-C license; usually FDA registration

Commercial canning

Where
Licensed commercial facility
Sell
Pickles, salsas, sauces, and canned foods
Sales cap
None
Paperwork
20-C license, process authority review, FDA scheduled-process filing

Label requirements

Required by Agriculture and Markets on home-processed foods.

Turning a recipe into a product?

Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.

Sources

Based on: NY Agriculture and Markets. Reviewed October 2026; rules may have changed since.

Other states: New Mexico · North Carolina · all 50 states + DC

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