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Agriculture & Markets Law Article 20-C; 1 CRR-NY 276.4Medium confidence

Cottage food law · New York

New YorkCottage Food Laws

New York cottage food law — what actually applies when you sell from home.

New York's Home Processor Exemption has no revenue cap and requires only a free one-time registration that never expires — but it carries unusually specific product prohibitions, including chocolate, fruit and vegetable breads (banana, zucchini), and raw nuts.

Why this matters

What New York actually allows — and what it doesn't.

Agriculture & Markets Law Article 20-C; 1 CRR-NY 276.4 (Home Processor Exemption)

Annual revenue cap

New York sets no cap on cottage food revenue.

Annual gross cap

Unlimited

Agriculture & Markets Law Article 20-C; 1 CRR-NY 276.4

Sales channels

Where you can sell in New York — and where you can't.

Online ordering

YesYes

Shipping

No

Federal restriction on uninspected food crossing state lines.

Seller delivery

YesYes

Third-party delivery (DoorDash, Uber Eats)

ConditionalConditional

Interstate sales

NoNo

Wholesale to retail stores

NoNo

License, permit & registration

New York requires registration before you sell.

Do you need a cottage food license or permit in New York? Yes — New York wants you to register before selling. Here is what that path involves.

Registration

Required

Type: registration

Timeline

About 14 days

Labeling standard

Standard

Inspection

None

Food safety certification

Not required

Address privacy

Not available

Food categories

Foods the basic cottage food rules usually do not cover.

  • Tcs
  • Meat
  • Poultry
  • Dairy
  • Eggs
  • Fish
  • Shellfish
  • Cut Produce
  • Chocolate
  • Chocolate Dipped
  • Cream Filled Pastries
  • Fruit Vegetable Breads
  • Pickles
  • Fermented Foods
  • Acidified Foods
  • Raw Nuts
  • No Bake Items
  • Beverages

How to start

Steps to a legal first sale in New York.

  1. Confirm your products qualify

    Compare your menu against New York's cottage food rules. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories above.

  2. Register with your state agency

    New York requires cottage food operators to register before selling. Registration is free. Expect about 14 days for processing.

    New York registration portal
  3. Label every product correctly

    Every label must include your name (or registered ID), product name, ingredients, and allergens per New York rules.

  4. Start taking orders

    New York allows online orders, seller delivery. Route orders through your own channels.

Frequently asked

New York cottage food — your questions answered.

Do you need a permit to sell food in New York?

New York uses a free Home Processor Exemption (registration) under Agriculture & Markets Law Article 20-C, with no revenue cap. It covers shelf-stable foods; some items like certain chocolates are restricted. Registration keeps you compliant while selling direct and online.

Can you sell food out of your house in New York?

Yes, once your Home Processor Exemption is approved. Beyond direct sales, New York lets you wholesale to restaurants, stores, and cafes. Online sales guidance is ambiguous — some sources say pickup only, others allow in-state shipping — so the safe approach is to keep sales in-state until you confirm your situation.

What kind of food can I sell from home in New York?

New York is picky on product details: chocolate is explicitly prohibited, including chocolate-dipped items and chocolate melting or tempering, and fruit or vegetable breads like banana and zucchini bread are not allowed. Also off the list are raw nuts, cream-filled pastries, pickles, fermented and acidified foods, and "no-bake" items. Hard candy, toffee, and caramels are allowed, and there is no revenue cap.

How does New York's Home Processor Exemption registration work?

Registration is free and one-time — it never expires and is tied to your location — but the application is mail-only with no online option, and approval takes about two weeks. No inspection or training is required, though private well water testing is needed if that is your water source.

Which ingredients must be commercially processed for New York cottage foods?

New York requires commercially-processed ingredients for dried herbs and spices, baking mixes, soup mixes, dried fruit and vegetables, and roasted nuts — you cannot home-process these items. Raw nuts are prohibited outright, so any nuts you use must be commercially roasted.

New York cottage food laws: what is the short version?

New York requires registration before selling cottage food. The cited state sources do not list a revenue cap. New York allows online orders, seller delivery for cottage food sellers.

Do I need a cottage food license or permit in New York?

Yes. New York requires registration before selling cottage food. Check the official state source before selling because local zoning, food safety training, or label rules may still apply.

What foods can I sell from home in New York?

New York's cottage food rules mainly cover foods that do not need time or temperature control for safety. Common no-go categories include tcs, meat, poultry, dairy, eggs.

About VibeKitchen

An ordering tool built for home food sellers.

VibeKitchen is a storefront and order-management tool for home food sellers — your own ordering page, payments tied to your orders, and your own customers. This guide explains the local rules; the product helps organize the orders, pickup windows, payments, and customer records once you decide how you want to sell.