LegalToOpen

Cottage Food Laws in New York

Last verified against official sources on by Amrit. How we verify

Yes. In New York you can make certain low-risk foods at home, like breads, cookies, cakes and fruit jams, if you register as a Home Processor with the Department of Agriculture and Markets. Registration is free. Everything must be packaged and labeled at home, and you can only sell within New York State.[1]

At a glance

Permit neededYes, a free Home Processor registration (not a license)[1]
FeeNo registration fee. If your home is on a private well, you also need a water test from a certified lab, which sets its own price.[1]
Wait timeUp to 16 weeks for review (as of October 2026)[1]
LabelsName of product, ingredients, net quantity, your name and full address, allergens. Adding "Made in a Home Kitchen" is recommended, not required.[1]
Where you can sellFarms, farm stands, farmers markets, craft fairs, flea markets, home delivery, and wholesale to New York shops and restaurants[1]
Online and shippingOnline sales are allowed within New York only. No shipping out of state.[1]
AgencyNYS Department of Agriculture and Markets[1]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that your foods are on the approved list

    Only foods on the state's approved list are allowed. Anything that needs refrigeration is not allowed.[1]

  2. Check local zoning

    Ask your town or city zoning office whether you can run a home-based business at your address.[1]

  3. Test your well water, if you have one

    If your home uses a private well, have a certified lab test it for Total Coliform and E. coli. Send the results with your application.[1]

    Fee: Set by the certified lab you use

  4. Send in the Home Processor Registration Request

    Fill out the Home Processor Registration Request form on the department's Home Processing page, and email or mail it with any water test results. There is no fee. Reviews can take up to 16 weeks.[1]

    Fee: FreeTime: Up to 16 weeks for approval

  5. Package and label at home

    Package everything at home. You cannot package food at a market or fair. The label must show the product name, the ingredients from most to least by weight, the net quantity, your name and full address, and every major allergen in the ingredient list. The state also recommends adding a phrase like "Made in a Home Kitchen".[1]

  6. Keep your registration up to date

    Your registration does not expire, but it is tied to your address. If you move, apply again. To add new products, send a new form marked "supplemental registration".[1]

What you can and can't sell[1]

Allowed

  • Breads, rolls, biscuits, bagels, muffins and scones (no vegetables)
  • Cookies, brownies, baklava and biscotti (no chocolate or candy melt topping on biscotti)
  • Cakes and cupcakes (no homemade buttercream or cream cheese frosting)
  • Doughnuts without cream fillings
  • Double-crust fruit pies
  • Jams, jellies and marmalades made with high-acid fruits
  • Fudge, sugar candies, peanut brittle, popcorn and caramel corn
  • Granola, granola bars and trail mix (made with commercially roasted nuts)
  • Crackers, pretzels, vegetable and potato chips
  • Repacked or blended commercially dried spices, herbs, soup mixes and baking mixes

Not allowed

  • Anything that needs refrigeration
  • Homemade buttercream or cream cheese frosting with dairy or eggs
  • Breads with vegetables
  • Cheesecake, cream-filled pastries, cream pies and meringue pies
  • Pickles, sauces, salsas, mustards and vinegars
  • Pepper, wine, vegetable and flower jellies
  • Tempered chocolate or candy melts for dipping or coating
  • Anything with raw nuts, and nut butters
  • No-bake products
  • Meat, fish and poultry products; cheese, yogurt, milk and butters; beverages
  • Freeze-dried foods
  • Products containing alcohol

Local rules

These places add their own requirements on top of the state rules.

What it costs

StepFee
Test your well water, if you have oneSet by the certified lab you use
Send in the Home Processor Registration RequestFree
Total if every fee applies to you$0

Not included in the total because the fee is set locally: Test your well water, if you have one.

Frequently asked questions

Can I ship my cookies to another state?

No. Home processed foods must be sold within New York State, and shipping out of state is not allowed.[1]

Can I sell to a cafe or grocery store?

Yes. You can sell wholesale to restaurants, cafes and grocery stores in New York, as long as the items are made, packaged and labeled correctly.[1]

Do I have to put my home address on the label?

Yes. The label must show a street address or PO Box, city, state and ZIP code.[1]

What frosting can I use if buttercream isn't allowed?

Use a shelf-stable frosting made without butter, eggs, cream or cream cheese, for example shortening, sugar and store-bought meringue powder. Or use store-bought frosting.[1]

I already have a restaurant or store. Can I make products at home for it?

No. The exemption is not available to anyone who holds a Department of Health permit or an Agriculture and Markets license.[1]

Do I have to collect sales tax?

The department says to ask the New York State Department of Taxation and Finance.[1]

Can I lose my registration?

Yes. It becomes void if you make or sell foods that aren't allowed, or if you open a licensed or permitted food business.[1]

Sources

  1. Home Processing (archived copy of agriculture.ny.gov/food-safety/home-processing, captured 2026-10-01), New York State Department of Agriculture and Markets. Checked October 24, 2026.

This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with New York State Department of Agriculture and Markets, Division of Food Safety and Inspection or your local health department. Spotted something wrong or out of date?Report it and we will check it.