New York cottage food law: how the home processor exemption works
Updated October 20, 2026
New York doesn't issue a cottage food license; instead, the Department of Agriculture and Markets (NYSDAM) registers "home processors," who may make approved non-potentially hazardous foods such as breads, cookies, cakes, doughnuts and fruit jams at home and sell them retail or wholesale, including online and by home delivery, as long as every sale stays in New York State. Registration is free and doesn't expire, but NYSDAM currently asks applicants to allow up to 16 weeks for review. The approved list is strict: no homemade buttercream or cream cheese frosting, no dipped or tempered chocolate, and nothing that needs refrigeration.
In short
- Register first with NYSDAM's Home Processor Registration Request; no fee, no expiry, but up to 16 weeks to process.
- Approved foods only: a fixed list of baked goods, high-acid fruit jams, confections and repacked dry goods.
- Sell retail or wholesale: farm stands, markets, fairs, home delivery, the internet, and local restaurants, cafes and grocery stores.
- New York only. No shipping out of state.
- Label every package, packed at home, with a "Made in a Home Kitchen" style phrase at least 1/16 inch tall.
New York home processor rules at a glance (October 2026)
| Rule | What New York requires |
|---|---|
| Rule | Home processor exemption from Article 20-C licensing, Agriculture & Markets regulation 1 CRR-NY 276.4 |
| Regulator | New York State Department of Agriculture and Markets, Division of Food Safety and Inspection |
| Registration | Home Processor Registration Request by email or mail; free; no expiration; tied to your address |
| Processing time | NYSDAM asks applicants to allow up to 16 weeks |
| Water | Private wells need a certified lab test negative for total coliform and E. coli with the application |
| Inspection | Kitchens are reviewed on a complaint basis only |
| Equipment | Ordinary kitchen equipment only; no commercial equipment |
| Sales cap | NYSDAM doesn't publish one |
| Where you can sell | Retail and wholesale: farms, farm stands, farmers markets, green markets, craft fairs, flea markets, home delivery, the internet, and local restaurants, cafes and grocery stores |
| Out of state | Not allowed; no shipping out of state |
| Packaging | Pre-packaged and labeled at home; no packing at the market or fair |
| Who can't register | Anyone who holds a Department of Health permit or an Agriculture and Markets license |
| Label phrase | A phrase such as "Made in a Home Kitchen," at least 1/16 inch tall |
This is general information, not legal advice. Your local zoning office may also need to approve a home business.
Which foods are approved for New York home processors?
NYSDAM restricts the exemption to a set list. Highlights:
| Approved | Prohibited |
|---|---|
| Breads, rolls, cinnamon rolls, biscuits, bagels, muffins and scones (high-acid fruit, commercially dried fruit or dried herbs only; no vegetables) | Breads with vegetables |
| Cookies, brownies, baklava, biscotti, doughnuts without cream fillings | Cream-filled pastries, cheesecake, cream and meringue pies, quiche |
| Cakes and cupcakes without homemade buttercream or cream cheese frosting | Homemade buttercream or cream cheese frosting with dairy or eggs |
| Double-crust fruit pies | Single-crust, custard, nut, meat or refrigerated pies |
| Jams, jellies and marmalades from high-acid fruits (apple, berry, cherry, citrus, peach, plum, rhubarb and others) | Pepper, wine, vegetable and flower jellies; chutneys; fruit and simple syrups; compotes; spreads |
| Fudge, toffee, caramels, hard candy, peanut brittle (commercially roasted nuts), caramel apples without chocolate | Tempered chocolate, candy melts and dipped or drizzled treats; "no-bake" products; fudge and caramel sauces |
| Granola, trail mix, popcorn, crackers, pretzels, chips | Raw nuts, nut butters, freeze-dried foods, roasting or grinding coffee |
| Repacked or blended dried spices, herbs, soup mixes, dried fruit and baking mixes | Drying your own herbs or fruit; pickles, salsas, sauces, mustards, vinegars, beverages, dairy, meat and fish |
Frosting: NYSDAM allows a frosting with no butter, eggs, cream or cream cheese, made only from shelf-stable ingredients such as shortening, sugar and commercial meringue powder, or a store-bought frosting.
Can you sell home-processed food online in New York?
Yes, within the state. NYSDAM says internet sales are allowed within New York State only, and shipping products out of state is not permitted. Home delivery is one of the listed sales routes. Two related rules:
- Your website and social media can't advertise foods the exemption prohibits, even if you make them elsewhere.
- Interstate sales of any kind aren't allowed: every home-processed food must be sold within New York State.
New York City has its own health rules for food businesses; this page covers the state's home processor exemption only.
What goes on a New York home processor label?
- The common or usual name of the product.
- The ingredients in descending order by weight, with sub-ingredients.
- Net quantity of contents, for example NET WT 1 lb (453 g).
- The processor's name and full address: street address or PO Box, city, state and ZIP.
- Allergens clearly identified in the ingredient statement: eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat and sesame.
- A phrase such as "Made at Home by XYZ," "Made in the Home Kitchen of XYZ" or "Made in a Home Kitchen," at least 1/16 inch tall.
Everything must be packaged and labeled at home. Build labels with the food label maker.
Worked example: an apple cider doughnut baker in the Hudson Valley
Prices are illustrative, as of October 2026. A registered home processor sells dozens of apple cider doughnuts (no cream filling) for pickup and home delivery in the fall, and supplies a local cafe.
| Item | Amount |
|---|---|
| Price per dozen | US$16.00 |
| Online orders a month in the fall | 70 |
| Fall online sales (70 × 3 months × US$16) | US$3,360 |
| Cafe order | 40 dozen a month at US$11.00 for three months = US$1,320 |
| New York sales cap | None published |
| Menuthere plan | Lite, US$17 a month: 70 orders a month is over the Free plan's 50, and Lite adds pre-orders and card payments |
| Stripe fee per US$16 order (2.9% + 30¢) | about US$0.76 |
| Menuthere commission | US$0.00 |
She registered in spring, because NYSDAM asks for up to 16 weeks, and listed doughnuts, cider bread and apple butter. NYSDAM's list approves apple jam and jelly, not fruit butters, so she dropped the apple butter. Price each dozen in US dollars with the menu price calculator.
How to set up a Menuthere ordering page for New York rules
- List only the products on your registration, with allergens ticked (allergens and nutrition, every plan). Don't list prohibited items, because NYSDAM bars advertising them.
- Offer pickup and home delivery in
Settings → Ordering → Order types(order types), with a delivery radius that stays inside New York if you live near New Jersey, Pennsylvania, Connecticut or Vermont. - Take orders for a set day with pre-orders on Lite and dishes that need notice, and connect Stripe to take cards.
- Invoice cafes and stores directly for wholesale orders; the ordering page is for consumers.
Menuthere doesn't check New York rules for you; you choose the products and options. NYSDAM refers sales tax questions to the Department of Taxation and Finance; see also our guide to sales tax on restaurant food.
Other states
Pennsylvania registers home food processors after an inspection, California allows mail delivery anywhere in the state, and Michigan caps sales at US$50,000. Compare them all on the cottage food laws hub.
FAQs
Does New York have a cottage food law?
New York uses a home processor exemption instead: once registered with the Department of Agriculture and Markets, you can make approved non-potentially hazardous foods at home without an Article 20-C food processing license. Registration is free and doesn't expire.
How long does New York home processor registration take?
NYSDAM currently asks applicants to allow up to 16 weeks for review because of a high volume of requests. Requests are handled in the order received. If you move, you need to register again, because registration is tied to your address.
Can I sell home-baked goods online in New York?
Yes, within New York State. Internet sales and home delivery are allowed, but shipping out of state isn't, and your website can't advertise foods the exemption prohibits.
Can I sell buttercream cakes as a New York home processor?
Not with homemade buttercream or cream cheese frosting containing dairy or eggs. NYSDAM allows a shelf-stable frosting made from ingredients such as shortening, sugar and commercial meringue powder, or a store-bought frosting.
Can I sell to cafes and restaurants as a New York home processor?
Yes. NYSDAM says home processors may sell wholesale to local restaurants, cafes and grocery stores within New York State, as long as the products are made, packaged and labeled at home.
Can I take New York home processor orders through Menuthere?
Yes. A free Menuthere ordering page takes up to 50 orders a month with 0% commission, and Lite (US$17 a month) adds pre-orders and card payments through your own Stripe account. List only your registered products and deliver within New York.
Sources (2)
- New York State Department of Agriculture and Markets, Home Processing (notice: allow up to 16 weeks; Article 20-C exemption; 1 CRR-NY 276.4; sales venues incl. home delivery and the internet; within New York State only; pre-packaged at home; private well test; label contents and the 1/16-inch phrase; prohibited and approved foods; FAQ on wholesale to local facilities, location-specific registration, complaint-only kitchen review, internet sales and no shipping out of state, no advertising of prohibited foods, PO Box allowed, shelf-stable frosting, raw nuts, no commercial equipment, license holders excluded, sales tax referral; no fee and no expiration): agriculture.ny.gov/food-safety/home-processing (read in a browser, accessed 20 Oct 2026)
- Stripe, US card pricing 2.9% + 30¢ per successful domestic card transaction (stripe.com geo-redirects to India from our location; figure taken from Stripe's US support pages): stripe.com/pricing (accessed 20 Oct 2026)