Registration
- Required
- Yes
- Type
- registration
- Cost
- FREE (no fee)
- Inspection
- No
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StatePermissive
New York cottage food rules
Review sales limits, online sales, registration, labeling, venues, shipping, foods, and source notes for this jurisdiction.
Sales limit
None
Online sales
Yes
Registration
Required
Training
Not required
Current law details
Start with the summary, then verify locally.
Very entrepreneur-friendly Home Processor Exemption with FREE registration only (no fees). No sales cap (unlimited revenue). Can sell wholesale to restaurants, cafes, grocery stores. In-state shipping allowed. UNIQUE RESTRICTION: chocolate and chocolate-covered items PROHIBITED (only state with this rule - due to lack of thermal kill step in tempering). Over 8,000+ registered processors (2021). 2018: Added online sales/shipping. 2020: Added wholesale/custom orders. Watch A5836, re-referred to Assembly Agriculture in January 2026, which would add an unwanted $12,500 cap for a proposed Homegrown Foods Act.
Setup requirements
Registration, training, and labeling details.
These are the common operating requirements sellers check before launching or changing sales channels.
Training
- Required
- No
Labeling
"Made in a Home Kitchen"
- Product name
- Complete ingredient list (in descending order by weight)
- Net quantity (weight or volume)
- Processor name and address
Sales channels
Allowed venues and fulfillment methods.
Confirm how customers are allowed to buy, receive, or pick up products before opening a sales channel.
Sales venues
Home sales
Allowed
Farmers markets
Allowed
Roadside stands
Allowed
Events
Allowed
Retail stores
Allowed
Restaurants
Allowed
Online
Allowed
EXCEPTIONAL ACCESS: agricultural farm venues, farmers markets/green markets, craft fairs/flea markets, home delivery within NY, internet sales with in-state shipping, WHOLESALE to restaurants (within NY), WHOLESALE to cafes (within NY), WHOLESALE to grocery stores (within NY), retail stores (within NY). All sales must occur within New York State. Custom orders allowed (birthday cakes, wedding cakes, graduation cakes, special occasion items - added April 2020).
Shipping and delivery
- In-state
- Allowed
- Out-of-state
- Not allowed
- Commercial carriers
- Allowed
- Third-party delivery
- Allowed
In-state shipping via mail/parcel service allowed (added April 2018). Home delivery within NY allowed. All wholesale buyers must be in NY. NO out-of-state shipping or interstate sales. Cannot ship across state lines.
Product categories
Allowed food categories.
Allowed and limited categories are only a planning aid. Check official guidance before selling a specific recipe.
Baked goods
Allowed
Candy and confections
Allowed
Jams and jellies
Allowed
Acidified foods
Not allowed
Canned goods
Not allowed
Dried goods
Allowed
Perishables
Not allowed
Meat products
Not allowed
Dairy products
Not allowed
CHOCOLATE PROHIBITION (UNIQUE TO NY): Tempered chocolate, melted chocolate for molding, chocolate-dipped items (fruit, pretzels), chocolate candy, cocoa bombs, candy melts for dipping/coating/drizzling, almond bark coatings, any product covered/dipped in chocolate ALL PROHIBITED. Reasoning: melting chocolate is not a thermal process (no control step), chocolate melts at low temps (~90-95°F) insufficient to kill pathogens, historical foodborne illness issues with chocolate products. ALLOWED: baked goods with chocolate chips (chips already processed), fudge (no tempering), peanut brittle, non-chocolate candy (toffee, caramels, hard candy). OTHER APPROVED: breads/rolls/biscuits, cookies/brownies, cakes/cupcakes (no cream cheese frosting), muffins/scones, pastries (Danish, croissants), pies (fruit only, no cream/custard), hard candy/toffee/caramels/marshmallows, fruit jams/jellies (high-acid fruits only), honey (if you are beekeeper), fruit syrups, popcorn (including caramel corn), granola/trail mix, vegetable chips, roasted nuts (using commercially roasted nuts), spice blends (using commercially processed spices), dried pasta (using commercial ingredients), baking mixes, soup mixes. PROHIBITED: chocolate items (tempering/melting/dipping), potentially hazardous requiring refrigeration, raw/home-processed nuts, meats/fish/poultry, dairy products, cream-based items (cream pies, cream cheese frosting), no-bake products (cheesecakes, icebox cakes), products with alcohol, most acidified/fermented foods, canned goods (low-acid canning), pickles/sauerkraut, sauces/marinades, fresh produce. Must use commercially-processed ingredients for: herbs/spices, baking mixes, soup mixes, dried produce, pasta, roasted nuts.
Updates and cautions
Check these notes before making changes.
Recent updates and warnings are included to help you spot issues that may need extra verification.
Recent legislative updates
Assembly Bill A5836 - 'Homegrown Foods Act' (PENDING)
Effective: Pending - not yet passed
PROPOSED (NOT YET PASSED): Would exempt certain homegrown food products from licensing but would add RESTRICTIVE $12,500 sales cap (currently no cap). Would expand to pickles, sauerkraut, fermented foods, dried fruits/vegetables, home-processed herbs/spices. Re-referred to Assembly Agriculture on January 7, 2026. CONCERN: This would be a step backward for existing cottage food producers due to the sales cap.
Rules Update
Effective: April 2020
Added indirect sales (wholesale to stores/restaurants), removed restrictions on custom orders, allowed wedding cakes/birthday cakes/special occasion items. No official announcement - rules quietly updated.
Rules Expansion
Effective: April 2018
Added online sales capability, allowed in-state shipping, expanded allowed food list, simplified registration process.
Important warnings
- CHOCOLATE PROHIBITION: Cannot temper, melt, or dip with chocolate - only state with this restriction (baked goods with chocolate chips OK)
- Chocolate restriction based on food safety: melting at 90-95°F provides no pathogen kill step
- Registration is location-specific - if you move, must re-register at new address
- Private well water requires test results submission with registration
- Municipal water requires no testing
- All products must be pre-packaged in home (no open/bulk sales)
- Cannot use commercial equipment (must maintain 'home' status)
- Must use commercially-processed ingredients for herbs, spices, nuts, dried produce
- Home kitchens typically NOT inspected (Department reserves right if issues arise)
- Registration has no expiration date (one-time, lasts indefinitely)
- Over 8,000 registered processors as of 2021 - massive growth post-COVID-19
- MONITOR HB A5836: proposed $12,500 cap would harm existing producers
Research sources
Sources used for this summary.
Last updated: 2026-05-07. Use these sources as a starting point for current verification.
- NY Department of Agriculture and Markets - Home Processing
- Form FSI-898c - Home Processor Registration
- Forrager.com - New York (verified 8,000+ producers)
- Institute for Justice - New York
- Pick Your Own - New York (chocolate prohibition reasoning)
- NY State Assembly Bill A5836 (2025-2026)
Important legal disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food rules change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
Next step
Turn New York rules into a clear ordering experience.
Use Cottage CMS to publish products, pickup windows, forms, disclosures, and order workflows after you verify the current local requirements.