New York Cottage Laws

Want to turn your home kitchen into a food business? New York's “Home Processor Exemption” makes it possible! Here's everything you need to know in simple terms.

What Makes New York Special?

New York has some unique advantages compared to other states:

• No sales limit – You can make as much money as you want
• Online sales allowed – You can sell on websites and ship within New York
• Wholesale permitted – You can sell to restaurants, cafes, and grocery stores
• Free registration – No fees to get started

However, New York also has some quirky restrictions you won't find elsewhere, so read carefully!

What Can You Make and Sell?

New York allows a good variety of shelf-stable foods, but with some unique twists:

Baked Goods

• Breads, rolls, biscuits, bagels
• Muffins, doughnuts, cookies
• Cakes, cupcakes, brownies
• Double-crust fruit pies, scones
• Baklava, biscotti, cake pops

Important exception: NO fruit or vegetable breads (like banana bread or zucchini bread) – this is unique to New York!

Preserves and Jams

• Traditional fruit jams, jellies, and marmalades
• Must be made with high-acid fruits like apples, berries, citrus, peaches, etc.

Snacks and Confections

• Granola and trail mix (using commercially roasted nuts only)
• Popcorn/caramel corn, peanut brittle
• Fudge, toffee, caramels, hard candies
• Rice Krispies treats
• Vegetable chips (including potato chips)
• Crackers, pretzels
• Waffle cones, pizzelle

Repackaging Items

• Commercially dried spices or herbs
• Dried soup mixes, dried fruit
• Dried pasta (but you can't make the pasta yourself)
• Dry baking mixes

What You CAN'T Make (New York's Unique Restrictions)

New York has some unusual prohibitions:

Absolutely Prohibited

• Chocolate anything – No melting, dipping, or tempering chocolate (unique to NY!)
• Fruit/vegetable breads – Banana bread, zucchini bread, etc. are banned
• Raw nuts – Must use commercially processed nuts only
• Buttercream or cream cheese frosting – No dairy-based frostings
• Any refrigerated items – Cheesecakes, cream pies, etc.
• Custom orders – You can only sell pre-approved items on your registration

Also Not Allowed

• Pickles, salsas, sauces, ketchup
• Products containing alcohol
• “No-bake” products (everything must be baked)
• Beverages, roasted coffee beans
• Meat, fish, poultry, or dairy products
• Nut butters, oils, spreads

The Money Side: No Limits!

Unlike many states, New York has no annual sales cap. You can make as much money as your business can generate without being forced to upgrade to a commercial kitchen.

Where Can You Sell?

New York is generous with selling venues:

Direct Sales

• Farmers markets, craft fairs, flea markets
• Farm stands and agricultural venues
• Home delivery (but not directly from your home)

Online Sales

• Websites and social media platforms
• Can ship anywhere within New York State
• Cannot ship out of state

Wholesale

• Restaurants, cafes, grocery stores
• Any retail establishment within New York
• Must be properly packaged and labeled

What you CAN'T do: Sell directly from your home residence or package items at events.

Registration Requirements

The Application Process

1. Download the form from the NY Department of Agriculture website
2. List all products you want to make (you're limited to these specific items)
3. Submit via email to [email protected] or mail it in
4. Wait about 2 weeks for approval

Special Requirements

• Water testing: If you have a private well, you must test for coliform bacteria
• No fees: Registration is completely free
• No expiration: Once approved, it doesn't expire (but it's location-specific)

Adding New Products

You can add items later by submitting a supplemental registration form with your new products listed.

Labeling Requirements

Every package must include:

1. Product name (common/usual name)
2. Ingredient list in order by weight (heaviest first)
3. Net weight of the contents
4. Your name and full address (street address or PO Box required)
5. Allergen warnings clearly identified
6. “Made in a Home Kitchen” statement (recommended)

Getting Started: Your Action Plan

Step 1: Check local zoning laws – make sure your area allows home-based businesses

Step 2: Decide what products you want to make (remember, you're limited to your approved list)

Step 3: If you have a private well, get your water tested for coliform

Step 4: Complete the Home Processor Registration Request form

Step 5: Submit your application and wait for approval

Step 6: Create proper labels with all required information

Step 7: Start small and build your customer base

Important Things to Remember

Kitchen Rules

• Use only “ordinary kitchen facilities” – no commercial equipment
• Kitchen inspections happen only on a complaint basis
• Everything must be pre-packaged at home

Business Restrictions

• If you get any other food license or permit, this exemption becomes void
• You cannot hold this exemption if you have a restaurant or other food business
• Registration is location-specific – if you move, you must re-register

Custom Orders

Unlike most states, you cannot take custom orders for special occasions. You can only sell the specific products listed on your registration. So while you can sell “wedding cakes,” you can't customize them for specific customers.

The Bottom Line

New York's cottage food law offers great opportunities with some unique challenges. The ability to sell online, wholesale to stores, and make unlimited income is fantastic. However, the restrictions on chocolate, fruit breads, and custom orders set New York apart from other states.

Best for: Bakers who love traditional baked goods, jam makers, and snack food entrepreneurs who don't mind working within specific guidelines.

Not ideal for: Custom cake decorators, chocolatiers, or anyone wanting to make fresh/refrigerated items.

The key to success in New York is understanding and embracing these unique rules rather than fighting them. Focus on perfecting the allowed items, build your brand around what you CAN do, and take advantage of the generous selling opportunities.

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Ready to get started? Visit agriculture.ny.gov/food-safety/home-processing for the registration form and complete product lists. Questions? Contact the NY Department of Agriculture at [email protected]. Happy baking!