New York Cottage Food Law (2026): Rules, Limits and How to Start
Do you need a license to sell homemade food in New York?
New York lets you sell homemade food from your own kitchen under the Home Processor Exemption once you register for free with the Department of Agriculture and Markets. There is no cap on how much you can sell, but every sale has to stay inside New York State and your label needs to say the food came from a home kitchen.
New York lets you sell homemade food once you register with New York State Department of Agriculture and Markets, Division of Food Safety and Inspection. There is no commercial-kitchen requirement, so foods like baked goods that do not require refrigeration and double-crust fruit pies can come straight from your own kitchen after you complete the registration and label step below.
New York sets no dollar limit on cottage food sales, so the ceiling on your growth is your own kitchen and time rather than a statutory cap. The other rules that matter, the label, the allowed foods and where you can sell, are in the tables below.
The parts new New York sellers most often get wrong are the label elements and the registration step. Each one has its own row below, with the official source beside it.
How much can you sell? The New York sales cap
The annual sales limit for a New York cottage food operation.
| Item | New York rule |
|---|---|
| Annual sales cap | No annual dollar cap in New York |
| How it works | No revenue or unit cap applies to registered home processors. A separate pending bill (A5836, as of January 2026 still in the Agriculture Committee) would create a different 'homegrown foods' category with a $12,500 cap; it is not current law and does not apply to the existing Home Processor Exemption. |
What foods can you sell in New York?
Allowed and prohibited categories under current New York law.
| Allowed (examples) | Prohibited |
|---|---|
| Baked goods that do not require refrigeration (breads, rolls, scones, bagels, muffins, cookies, biscotti, brownies, cakes); Double-crust fruit pies; Traditional fruit preserves (jams, jellies, marmalades) from high-acid fruits; Snack items (popcorn, caramel corn, crackers, pretzels, peanut brittle, granola bars, trail mix); Fudge; Repackaged dry spices and dried goods. | Buttercream and cream cheese frostings; Vegetable breads and other foods needing refrigeration; Alcohol-containing products; No-bake items; Pickles and other acidified/fermented foods; Sauces; Tempered chocolate; Raw nuts; Cheese and dairy products; Meats; Beverages; Nut butters. |
These lists follow New York State Department of Agriculture and Markets, Division of Food Safety and Inspection's published guidance. Confirm your own product against New York State Department of Agriculture and Markets, Division of Food Safety and Inspection before you commit to a batch.
New York cottage food label requirements
Every package you sell needs a label with the elements below in legible print.
- Product name
- Complete ingredient list in descending order by weight
- Net quantity
- Processor's business name and full address
- Allergen declarations for the major allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, sesame)
- A home-kitchen disclosure phrase (state guidance gives examples such as 'Made in a Home Kitchen' or 'Made at Home by [name]', minimum 1/16 inch type; exact wording is not fixed by a single mandated sentence)
No single statewide disclosure sentence. New York does not set one required disclosure line in the sources we checked. Put the required elements above on every label. Confirm the current wording with New York State Department of Agriculture and Markets, Division of Food Safety and Inspection before you print a run.
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Where can you sell in New York?
The venues and channels New York cottage food operators may use.
| Channel | Allowed in New York? |
|---|---|
| Farm stands, farmers markets, green markets | Yes |
| Craft fairs and flea markets | Yes |
| Home delivery within New York State | Yes |
| Internet sales | With conditions. Buyer must be within New York State |
| Wholesale to local restaurants, cafes and grocery stores | Yes |
| Interstate sales or shipping | No. Home Processor Exemption sales are restricted to within New York State |
Registration, training and inspection
Registration and permits. Every home processor must register with the Department of Agriculture and Markets before selling. Registration is free, tied to the specific address and does not currently expire, though it becomes void if the operator produces non-approved foods or opens a licensed food business.
Food safety training. No food safety training course is required to hold the Home Processor Exemption, based on official program materials reviewed. Not exhaustively confirmed for every product category.
Kitchen inspection. Home processor kitchens are not routinely inspected. The Department reviews a kitchen only in response to a complaint.
The fees a New York cottage food seller can expect.
| Item | Cost |
|---|---|
| Home Processor Registration | No state fee |
| Private well water test (only if applicable) | varies by certified lab |
Not published centrally. Confirm the current amount with New York State Department of Agriculture and Markets, Division of Food Safety and Inspection. Confirm the exact course or certificate New York State Department of Agriculture and Markets, Division of Food Safety and Inspection accepts before you enroll.
