Which laws apply

• Cottage food law (home processor exemption)

Allowed foods

Allowed (non-potentially hazardous foods only, on the Department's approved list): breads (no fruits or vegetables), rolls, biscuits, bagels, doughnuts, cookies, cakes, cake pops (no chocolate or candy melts), cupcakes, brownies, double-crust fruit pies, scones, fruit jams/jellies/marmalades from high-acid/low-pH fruits, candy (excluding chocolate), repackaged commercially dried spices/herbs, repackaged dried soup mixes, dehydrated/dried fruits and vegetables, trail mix, toffee/caramel apples, and snack items (popcorn, caramel corn, peanut brittle). Not allowed: tempered/melted chocolate or chocolate-dipped items, breads with fruit or vegetables, pickles/relishes and other acidified foods, fermented foods (kombucha, sauerkraut, kimchi), sauces, salsas, marinades, ketchups, mustards, wine/vegetable/flower jellies, chutneys, fruit butters/syrups, compotes, cooked or canned fruits/vegetables, meat/fish/poultry products, dairy (cheese, yogurt, fluid dairy, butters), cheesecake, cream-filled or refrigerated baked goods, buttercream/cream-cheese frostings, beverages, nut butters, vegetable/blended oils and salad dressings, raw-nut products, freeze-dried foods, no-bake products, products with alcohol, garlic/herb-in-oil mixtures, and pet food.

Sales caps

No sales cap. The Department's home processor registration materials (registration form FSI-898c and the Home Processing FAQ) impose no annual revenue or sales limit, and the registration form collects no revenue information — New York is one of the states with no gross-sales ceiling on its cottage-food-style program. Note: the pending Homegrown Foods Act (2025-A5836A) is a separate proposed exemption that WOULD cap annual income at $12,500; it is not law. Some aggregators cite a $50,000 cap — that figure does not appear in the Department's primary-source materials.

Permit steps

1. Confirm your products are on the Department's approved list of non-potentially hazardous home-processed foods
2. Check with your city/town zoning or planning board for home-business approval
3. If you have a private well, attach a potable-water analysis no more than three months old (annual water testing is required for private supplies)
4. Complete the Home Processor Registration Request (FSI-898c) with owner, county, trade name, address, contact info, and a list of every product proposed; products are subject to department approval
5. Submit by email to agr.sm.hpregistrations@agriculture.ny.gov or mail to the Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235 — no application fee is listed on the registration materials
6. Design compliant labels before selling: common/usual product name, ingredient list in predominance by weight, net quantity of contents, and processor name with full address (street or PO Box, city, state, ZIP)
7. Receive Department approval; inspections are on a complaint basis only, and any new products or relocation require a supplemental or new registration

How to start in New York

1. Confirm your products are on the Department's approved non-potentially hazardous list (if in doubt, contact the Division of Food Safety and Inspection). 2. Check with your city/town zoning or planning board for home-business approval. 3. If your home uses a private well, get a potable-water bacteria test (must be no more than three months old). 4. Complete the Home Processor Registration Request (FSI-898c) listing every product you plan to make, and submit it by email to agr.sm.hpregistrations@agriculture.ny.gov or by mail to NYS Dept. of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235. 5. Create labels for each product (common name, ingredients in order of predominance by weight, net quantity, and your name with full street/PO Box, city, state, and ZIP). 6. Wait for Department review and approval; you must get approval before making additional products, and re-register if you move. 7. Sell within New York State only: from home, at farmers markets/craft fairs/flea markets, online to in-state customers, or wholesale to NY restaurants, cafes, and grocery stores. 8. Keep the kitchen sanitary per good manufacturing practices (Part 260); inspections happen on a complaint basis only.

Recent changes

No statutory changes to the Home Processor program were enacted in 2024-2026; the program continues to run on the Article 20-C exemption under NYS Department of Agriculture and Markets rules. The Department published an updated registered home-processor list current as of January 8, 2026. Pending bill: 2025-A5836A, the 'Homegrown Foods Act' (introduced Feb 24, 2025 by M. of A. Gray, amended), would add a new Agriculture and Markets Law § 251-z-13 creating a separate exemption for homegrown foods (fruits, vegetables, jams, jellies, baked goods, dried fruits, pickles, honey and similar non-potentially hazardous foods) grown/processed at a private residence and sold direct to consumers, capped at $12,500 total annual income; status is ACTIVE in the Assembly Agriculture Committee and it has not passed (2025-2026 session). A separate 2025-2026 bill, A1330/S3561, would require a study of the economic impact of kitchen incubators. New York has no MEHKO-style program and no food freedom act.

Official sources

• NYS Dept. of Agriculture and Markets — Home Processing (program page, FAQ: registration, online sales in-state only, wholesale allowed, complaint-basis inspections, labeling)
• NYS Dept. of Agriculture and Markets — Registered Home Processor list (current as of Jan 8, 2026)
• NY Senate Open Legislation — 2025-A5836A 'Homegrown Foods Act' bill page (status: ACTIVE in Assembly Agriculture Committee)
• NYS Dept. of Agriculture and Markets — Home Processor Registration Request (FSI-898c): products subject to approval, private-well water test, labeling fields, no fee listed