Selling food from home in New York: the Home Processor Exemption
General information, not legal advice. Rules change, and counties add their own. Check with your state and county before you start selling.
"Cottage food" is the term most states use for food made in a home kitchen and sold directly to customers. What it covers, and whether your state uses the phrase at all, differs by state.
The short answer
Yes, and the thing to know first is that New York does not call it "cottage food". What you need is a Home Processor Exemption from the Department of Agriculture and Markets, which exempts you from Article 20-C food processing licensing.
It costs nothing, there is no limit on what you may earn, and it lets you sell at markets, fairs, by home delivery, online and wholesale to New York shops and restaurants. Two hard edges: everything must be sold inside New York State, and refrigerated products are out. The Department asks you to allow up to 16 weeks to review your request — that is how long the paperwork takes before you may sell, not a limit on how long you may sell for.
What you can and cannot sell
Approved non-potentially-hazardous items: certain breads, cookies, cakes, brownies, double-crust pies, jams and jellies made from high-acid fruits, crackers and pretzels. Some have conditions attached — for example, no homemade buttercream frosting on cakes.
Out, clearly:
- Anything requiring refrigeration
- Cheese and dairy
- Meat
- Beverages
- Raw-nut products
- Sauces
- Pickles
The department states the principle plainly: "Any finished food product that requires refrigeration is prohibited from being produced as a Home Processor." NY Department of Agriculture and Markets
Check the exact product with the department before you build a menu around it. The allowed list is specific, and "it is a cookie" is not the test.
How to get the exemption
- What it is
- An exemption from Article 20-C licensing, letting you "prepare food in your home kitchen for wholesale or retail sale at agricultural farm venues."
- Cost
- Nothing. "Currently there is no fee associated with" the registration.
- How to apply
- Submit the Home Processor Registration Request form by email or post to the Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235.
- How long
- "Please allow up to 16 weeks to review the request." That is the wait for the exemption itself; once you hold it, it does not expire on a clock — it is tied to the address, so you reapply if you move.
- Private well?
- You must include a water analysis for total coliforms from a certified laboratory.
- Tied to the address
- The exemption is location-specific. If you move, you reapply.
- Not for everyone
- Not available if you already hold a Department of Health permit or an Ag & Markets license.
Sixteen weeks is the number that catches people out. If you want to be selling for the holidays, apply in the summer.
How much can you sell, and where
- Annual limit
- None published. The department’s page sets no revenue cap.
- Where
- Farms, farm stands, farmers’ markets, craft fairs, flea markets, home delivery, the internet, and wholesale to New York facilities such as restaurants and grocery stores.
- Online
- Allowed — within New York State only.
- Out of state
- No. Shipping out of state is not permitted. "All items must be sold within New York State."
- Packaging
- Everything must be pre-packaged and labeled at home. Packaging at a craft fair or farmers’ market is not permitted.
Note what that combination means in practice: New York lets you wholesale to shops, which Florida forbids, but will not let you post a box across a state line, which Florida allows. The two states are near mirror images.
One more rule worth repeating because it is easy to break by accident: your website and social media may not advertise foods the exemption does not allow — even if you were planning to make them under some other arrangement.
What has to be on the label
- the common name of the food;
- the ingredients, in order of predominance;
- the net quantity;
- the processor’s name and full address;
- allergens, clearly identified;
- and a phrase such as "Made in a Home Kitchen", at a font size of 1/16th inch or larger.
Will anyone inspect your kitchen?
"Kitchens are reviewed on a complaint basis only." There is no routine inspection schedule under the exemption. NY Department of Agriculture and Markets
Sales tax
Whether you need to register as a sales tax vendor, and whether your products are taxable, is a question for the New York State Department of Taxation and Finance. Ask before the first sale rather than after the first year.
Official sources
- Home Processor ExemptionNew York State Department of Agriculture and Markets
- Sales taxNew York State Department of Taxation and Finance
Last verified: 30 October 2026. Every number on this page is linked to the official page it comes from.
Questions people actually ask
Does New York have a cottage food law?
Not under that name, which is why it is hard to find. New York has the Home Processor Exemption, run by the Department of Agriculture and Markets, which exempts a home kitchen from Article 20-C food processing licensing for a specific list of shelf-stable foods.
How much does the Home Processor Exemption cost?
Nothing. The department says there is currently no fee for the registration. The cost is time: allow up to 16 weeks for your request to be reviewed before you can start selling.
Is there a limit on how much I can sell?
The department publishes no revenue cap for the Home Processor Exemption. That is unusual — Texas caps cottage food at $150,000 and Florida at $250,000.
Can I ship my baked goods to another state?
No. All items must be sold within New York State, and shipping out of state is not permitted under the exemption. Online sales are allowed inside New York.
Can I sell to a restaurant or a grocery store?
Yes. The exemption covers wholesale to New York facilities such as restaurants and grocery stores, as well as retail at farms, farm stands, farmers’ markets, craft fairs and flea markets, plus home delivery and the internet.
Can I package my products at the farmers’ market?
No. Everything must be pre-packaged and labeled in your home kitchen. Packaging at an agricultural event is specifically not permitted.
I am on a well. Does that change anything?
Yes. You must have a water analysis for total coliforms carried out by a certified laboratory and include the results with your application.
Other states
- GeorgiaNo state license since July 2025 · no revenue cap
- TexasNo permit · $150,000 cap · you must deliver online orders yourself
- CaliforniaCounty registration · $88,878 or $177,756 in 2026
- FloridaNo permit · $250,000 cap · mail order allowed by statute
- IllinoisRegister locally · no sales cap · online sales and in-state shipping allowed
- North CarolinaHome Processor program · kitchen inspected before you sell · an indoor pet disqualifies the kitchen
- New Jersey$100 permit for 2 years · $50,000 cap · NJ residents only, nothing in the post
- PennsylvaniaLimited Food Establishment · $35 a year · inspected · internet sales included
- ArizonaNo sales cap · refrigerated foods allowed · Arizona only, and TCS goes hand to hand
Tools
- Pricing calculator for home bakersWhat to charge, with your own numbers
- Price list templateFill it in, print it, hand it over — free, nothing saved
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