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

Cottage food law · New York

New YorkCottage Food Law

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

Registration & permits

New York requires registration before you sell.

Registration

Required

Type: registration

Timeline

About 14 days

Labeling standard

Standard

Inspection

None

Food safety certification

Not required

Address privacy

Not available

Food categories

What usually sits outside this cottage food lane.

  • 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 lane. 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 I need to register with New York to sell cottage food?

Yes — but it's free, mail-only, and one-time. The Home Processor Exemption registration is filed with the New York Department of Agriculture & Markets, takes about two weeks to approve, and never expires. There's no online application, no renewal, and no fee. You do need to submit it before your first sale.

Is there a revenue cap on Home Processor Exemption sales?

No. The exemption has no sales cap — you can scale as large as your kitchen allows. Note: A5836 (2025), the proposed "Homegrown Foods Act," would ADD a $12,500 cap in exchange for expanding allowed foods to include pickles, sauerkraut, and dried produce. It's been referred to the Agriculture Committee but hasn't advanced. For existing sellers, this bill would be a step backward.

Can I sell chocolate or chocolate-covered items?

No. Chocolate is explicitly prohibited under the Home Processor Exemption because of foodborne illness risk from unmonitored melting and tempering. You can sell hard candy, toffee, and caramels, but nothing involving melted or tempered chocolate — including chocolate-dipped strawberries, bark, bonbons, or chocolate-covered pretzels.

What other unusual things can't I sell in New York?

Fruit and vegetable breads (banana bread, zucchini bread) are prohibited — they're treated as potentially hazardous because of moisture content. Raw nuts are prohibited; if your recipe calls for nuts, they must be commercially roasted. You also must use commercially processed versions of dried herbs and spices, baking mixes, soup mixes, dried fruits and vegetables. No-bake items and fresh-squeezed beverages are out. All standard TCS categories (meat, dairy, eggs, fish) are also prohibited.

Can I sell my products online or ship them?

Online sales are a known ambiguity — official New York guidance is inconsistent about whether online/shipped sales are allowed or pickup-only is required. Some published sources say in-state shipping is allowed; others say sales must be pickup at the processor's home or a farmers' market. Check with Ag & Markets directly before scaling online. Wholesale to restaurants, stores, and cafes IS allowed under the Home Processor Exemption.

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

New York requires registration before selling cottage food. There is no state revenue cap in the current data. New York allows online orders, seller delivery for cottage food sellers in the current data.

Do I need a cottage food registration 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 lane is mainly for foods that do not need time or temperature control for safety. Common no-go categories include tcs, meat, poultry, dairy, eggs.

About VibeKitchen

The storefront tool this guide comes from.

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