New York Cottage Food Laws (2026)
✓ Verified against official sources · Aug 20, 2026Home Processor Exemption — 1 CRR-NY (NYCRR Title 1) § 276.4; exempt from Agriculture & Markets Law Article 20-C food processing license (and Article 28 retail food store license)
- License
- Registration
- Annual sales cap
- No sales cap
- Government fees
- $0
- Training
- Not required
What you can and can’t make
Allowed
- Baked goods (no cream/custard fillings)
- Double-crust fruit pies
- Jams & jellies (high-acid fruit)
- Dried fruit
- Dry baking/soup mixes
- Spices & seasoning blends
- Granola & cereal
- Trail mix
- Candy & untempered chocolate
- Popcorn & caramel corn
- Waffle cones & pizzelles
- Vegetable chips
- Crackers & pretzels
Not allowed
- Any food requiring refrigeration (TCS)
- Fresh dairy products
- Meat, fish & poultry
- Pickles & acidified sauces
- Cooked or canned produce
- Cream, custard & meringue fillings
- Buttercream & cream-cheese frosting
- Tempered / coating chocolate
- Raw nuts & nut butters
- Alcohol-infused foods
- No-bake items
- Vegetable breads (zucchini, pumpkin)
- Beverages & coffee drinks
- Freeze-dried foods
Label requirements
Every product label must include:
- Product name
- Business / operation name
- Operation address
- Ingredients, in descending order by weight
- Net weight in both US and metric units
- FDA major allergen declaration
- Home kitchen statement (exact wording below)
Required statement, word for word:
“Made in a Home Kitchen”
Where you can sell
| Online orders | Yes |
|---|---|
| Shipping within the state | Yes |
| Across state lines | No |
| Stores, cafés & other resellers | Yes |
| Third-party delivery apps | Not specified |
What it costs to start
- Permit / registration feeFree registration$0
- Food safety course (optional)Optional here, but markets often ask$10–$30
- Labels, bags & packaging (first batch)$30–$60
- LLC formation (optional)Plus your state's filing fee$39
- Liability insurance (optional)Per month, from FLIP$26
- Likely minimum to start (required items)from $30
Common questions
Do I need a license to sell food from home in New York?
You must register, but there is no inspection-based license. Registration is the main requirement.
How much can a cottage food business sell per year in New York?
New York currently has no annual sales cap for cottage food operations.
Can I sell my homemade food online in New York?
Yes, online orders are allowed, and you can ship within the state. Sales across state lines are not allowed.
What has to be on a cottage food label in New York?
7 required elements, including the exact statement: “Made in a Home Kitchen”. See the labeling section for the full list (1 CRR-NY § 276.4).
Who regulates cottage food in New York?
New York State Department of Agriculture and Markets — Division of Food Safety and Inspection ("Home Processor" is NY's official term; commonly referred to elsewhere as "cottage food").
Recent law changes
- 2018-04-30 — Added 19 new categories to the approved food list (e.g., dehydrated fruits/vegetables, trail mix, toffee/caramel apples) and, for the first time, allowed online sales within New York State (previously limited to direct sales, farmers markets, and farm stands); the agency said the list would be reviewed annually going forward.
- 2026-08-20 — Agency notice: due to high application volume, registration review times have been extended to up to 16 weeks, processed in the order received (an operational notice, not a rule change).
Official sources
This guide was compiled from the following primary sources, last reviewed on Aug 20, 2026:
- agencyNYS Dept. of Agriculture & Markets — Home Processing (official program page: overview, labeling example, food lists, registration)
- approved food listNYS Dept. of Agriculture & Markets — FSI-898D Home Processor fact sheet (approved/prohibited foods, sales venues, labeling)
- application formNYS Dept. of Agriculture & Markets — Home Processor Registration Request Form
- agencyNYS Dept. of Agriculture & Markets — News: State Agriculture Department Expands Business Opportunities for Home Food Processors (2018 policy expansion)