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Can I sell food from home in New York?
New York cottage food law at a glance
| Home food sales allowed | yes Home Processor Exemption (registration) |
|---|---|
| Law | 1 NYCRR 276.4 (exemption from Agriculture and Markets Law Article 20-C licensing) |
| Sales cap | No cap stated |
| Permit or registration | registration. Register with NYS Dept. of Agriculture and Markets (Food Safety and Inspection) via request form by email or mail; currently no fee; no expiration but location-specific; private-well users submit coliform/E. coli lab results. Inspection only on complaint. No training requirement stated. Processing up to about 16 weeks. |
| Sell in person | yes |
| Take online orders | yes |
| Ship within the state | unverified |
| Ship to other states | no |
| Sell to shops and cafes | yes |
| Where you can sell, details | Farms, farm stands, farmers/green markets, craft fairs, flea markets; home delivery and internet sales allowed within NYS only; shipping out of state prohibited (in-state shipping not explicitly addressed). Wholesale to local restaurants, cafes and grocery stores in NYS allowed. Registration voids if you open a licensed food business. |
yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.
What foods can you sell from home in New York?
Allowed: Non-potentially-hazardous foods: breads, rolls, bagels, muffins, scones, cookies, cakes, cupcakes, brownies, unfilled doughnuts, double-crust fruit pies, high-acid fruit jams/jellies/marmalades, fudge, popcorn, brittle, granola, crackers, pretzels, candy/sugar confections, repackaged commercially dried spices/mixes; many items carry restrictions (e.g., no homemade buttercream).
Not allowed: Anything needing refrigeration; dairy/egg frostings, cheesecake, cream pies, no-bake items, pickles, sauces, condiments, vinegars, most syrups, canned produce, oils/dressings, tempered chocolate, nut butters, coffee roasting, freeze-dried foods, meat, fish, poultry, beverages, alcohol-containing foods. Pet treats need separate registration.
Label requirements in New York
Home-kitchen statement: No mandatory statement. NY Agriculture and Markets recommends adding a phrase such as "Made at Home by XYZ", "Made in the Home Kitchen of XYZ" or "Made in a Home Kitchen", in type at least 1/16 inch tall; its sample label ends with "Made in a Home Kitchen". no statement required
Optional line: Made in a Home Kitchen
Other label items: Common name; ingredients in descending order by weight; net quantity; processor name and full address (street or PO box, city, state, ZIP); all major allergens (incl. sesame) identified; minimum type size 1/16 inch.
Selling from home in New York? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels and tells you that New York needs no home-kitchen statement on the package. It also has this guide for all 50 states and DC. One-time price, and it works offline.
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No sales cap or fee currently. Ag & Markets notes heavy application backlog. No recent regulatory changes listed on the official page. Label check (2026-10-25): the Ag & Markets Home Processing page was re-read; label items are the common name, ingredients by predominance, net quantity, and processor name and full address, with allergens identified in the ingredient statement; the home phrase is recommended, not required.
Sources
Last checked: 2026-10-25 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.
This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.