Start a Home Kitchen in New York

The steps, the costs, where to apply, and how to get inspection-ready — in New York's own program terms.

Cottage food law (home processor exemption)

Sales cap: 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.

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.

🥧 Cottage track in New York

🥧 Cottage Food — Shelf-Stable Cottage food law (home processor exemption) — the shelf-stable track: preorder / pickup, never reservations.

Prohibited foods: 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 cap (cottage track): 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.

Labeling (from the published steps):

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)

Where you may sell (from the published rules):

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
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

🌮 Street track in New York

🌮 Street Food — Sidewalk & Mobile

Street and mobile vendors do not cook from home kitchens — a different permit stack, and walk-up sales only.

No distinct street-vendor (sidewalk / mobile) regime is documented in New York's published data on this site yet — mobile food is permitted separately from home kitchens; check with the local health department.

The permit steps

Confirm your products are on the Department's approved list of non-potentially hazardous home-processed foods
Check with your city/town zoning or planning board for home-business approval
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)
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
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
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)
Receive Department approval; inspections are on a complaint basis only, and any new products or relocation require a supplemental or new registration

How it works, start to finish

Confirm your products are on the Department's approved non-potentially hazardous list (if in doubt, contact the Division of Food Safety and Inspection).
Check with your city/town zoning or planning board for home-business approval.
If your home uses a private well, get a potable-water bacteria test (must be no more than three months old).
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.
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).
Wait for Department review and approval; you must get approval before making additional products, and re-register if you move.
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.
Keep the kitchen sanitary per good manufacturing practices (Part 260); inspections happen on a complaint basis only.

Where to apply in New York

Official sources — start with the agency or department that runs New York's program:

Inspection prep (general)

General prep that applies in most programs — your law guide and health department have the specifics for New York:

Write your standard operating procedures: foods handled, prep methods, cleaning schedule, refuse disposal, and your time/temperature control plan.
Complete the food safety training your program requires and keep the certificate where an inspector can see it.
Have a calibrated food thermometer, proper cold storage, and labels that meet your program's rules.
Keep pets out of the kitchen during production, and separate household and business ingredients.

Read the full New York law guide → · Check your eligibility → · Ask the guide about New York →