New York Cottage Food Law
A complete guide to cottage food regulations in New York (NY) — revenue limits, allowed products, labeling, and permitting requirements.
Annual Revenue LimitNo stated limit
Food Handler CertNot Required
Business LicenseNot Required
RegistrationRequired
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Required — New York State Department of Agriculture and Markets
Where You Can Sell
- Farms
- Farm stands
- Farmers markets
- Green markets
- Craft fairs
- Flea markets
- Home delivery
- Internet (online sales)
Allowed Products
- Breads (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited)
- Rolls and/or cinnamon rolls
- Biscuits (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited)
- Bagels (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited)
- Muffins (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited)
- Doughnuts (no cream fillings)
- Cookies
- Baklava
- Biscotti (no chocolate or candy melts for topping)
- Cakes (no homemade buttercream or cream cheese frostings)
- Cake pops (no chocolate or candy melts for topping)
- Cupcakes (no homemade buttercream or cream cheese frostings)
- Brownies
- Double-crust fruit pies (single crust, custard, nut, meat and/or refrigeration required pies are prohibited)
- Scones (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited)
- Fruit jams, jellies, and marmalades made with high acid/low pH fruits (apple, apricot, blackberry, blueberry, cherry, clementine, cranberry, currants, elderberry, grape, grapefruit, lemon, lime, nectarine, orange, peach, pear, pineapple, plum, raspberry, rhubarb, strawberry)
- Repacking/blending of commercially dried spices or herbs
- Repackaging dried or dehydrated vegetables (drying of herbs prohibited)
- Repackaging dried soup mixes
- Repackaging roasted coffee beans or grounds (roasting or grinding prohibited)
- Repackaging dried fruit (drying of fruits prohibited)
- Repackaging of dried pasta (manufacturing and drying prohibited)
- Repackaging dry baking mixes
- Seasoning salt
- Fudge
- Popcorn/caramel corn (no chocolate or candy melts for topping)
- Peanut brittle (using commercially roasted nuts)
- Rice Krispies treats (no chocolate or candy melts for topping)
- Granola and trail mix (using commercially roasted nuts)
- Granola bars (using commercially roasted nuts)
- Repacking candy (excluding chocolate; melting/repacking of exposed chocolates or chocolate-like candies prohibited)
- Waffle cones and Pizzelle (no chocolate or candy melts for topping)
- Toffee/caramel apples (chocolate or candy melts prohibited)
Prohibited Products
- TCS Foods as regulated by FDA
- Examples as given in legislation:
- Homemade buttercream/cream cheese frosting containing dairy or eggs
- Breads containing vegetables
- Products containing alcohol
- No-bake products (all products must be baked to ensure product stability)
- Pickles, relishes, jalapenos or sauerkraut
- Sauces, salsas, marinades, mustards, ketchups, vinegars
- Pepper jellies, wine jellies, vegetable jellies, flower jellies, chutneys, fruit syrups, simple syrups
- Cooked or canned fruits or vegetables
- Vegetable oils, blended oils, salad dressings
- Cheesecake, cream filled pastries, cream pies, meringue pies
- Tempered chocolate/candy melt/almond bark for dipping/coating/drizzling (cocoa bombs, chocolate candy, chocolate/candy melt covered fruits, etc.)
- Any products containing raw nuts
- Cheese, yogurt, fluid dairy products, butters
- Meat, fish, or poultry products
- Beverages
- Roasting/grinding coffee beans
- Nut butters
- Freeze-dried foods
- Compotes
- Spreads
- Quiche
- Fudge/caramel sauces
- Any finished food product that requires refrigeration
Labeling Requirements
The following information must appear on every cottage food product label sold in New York:
Required Disclaimer
Home processors should add a phrase like “Made at Home by XYZ,” or “Made in the Home Kitchen of XYZ,” or “Made in a Home Kitchen,” to their label in addition to the other label requirements. Font must be 1/16th inch size or larger.
Additional Notes
1) No annual revenue/sales cap is stated anywhere on the official source page. 2) Registration is free and required before selling; governed by 1 CRR-NY 276.4 (Home Processor Exemption from Article 20-C licensing). 3) All products must be pre-packaged in the home before the event — packaging at a farmers market or craft fair is not permitted. 4) All items must be sold within New York State. 5) If the home is on a private well, a water potability test (negative for Total Coliform and E. coli, by a certified lab) must be submitted with the registration application. 6) Label must include a phrase such as 'Made at Home by XYZ,' 'Made in the Home Kitchen of XYZ,' or 'Made in a Home Kitchen' in font size 1/16 inch or larger; the official source gives these as example phrasings, not a single mandated verbatim text, so disclaimerText is set to null. 7) Allergens explicitly listed by the source: eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame — consistent with FDA Big 9. 8) Ingredient list must be listed in predominance by weight. 9) Local zoning approval is advised before commencing a home-based business. 10) Pet foods and pet treats may be made at home but require a separate registration.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in New York?
- New York does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in New York?
- No. New York does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in New York?
- No. New York does not require a business license to operate a cottage food business.
- Does New York require cottage food producers to register with the state?
- Yes. New York requires cottage food businesses to register with New York State Department of Agriculture and Markets.
- Where can I legally sell cottage food products in New York?
- In New York, cottage food products may be sold at: Farms, Farm stands, Farmers markets, Green markets, Craft fairs, Flea markets, Home delivery, Internet (online sales).
- What allergen labeling standard applies to cottage food in New York?
- New York follows the FDA Big Nine allergen standard for cottage food labeling.
- What products are allowed under New York cottage food law?
- The following product categories are permitted for cottage food production in New York: Breads (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited), Rolls and/or cinnamon rolls, Biscuits (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited), Bagels (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited), Muffins (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited), Doughnuts (no cream fillings), Cookies, Baklava, Biscotti (no chocolate or candy melts for topping), Cakes (no homemade buttercream or cream cheese frostings), Cake pops (no chocolate or candy melts for topping), Cupcakes (no homemade buttercream or cream cheese frostings), Brownies, Double-crust fruit pies (single crust, custard, nut, meat and/or refrigeration required pies are prohibited), Scones (may contain high acid fruits, commercially dried fruits and/or commercially dried herbs; vegetables prohibited), Fruit jams, jellies, and marmalades made with high acid/low pH fruits (apple, apricot, blackberry, blueberry, cherry, clementine, cranberry, currants, elderberry, grape, grapefruit, lemon, lime, nectarine, orange, peach, pear, pineapple, plum, raspberry, rhubarb, strawberry), Repacking/blending of commercially dried spices or herbs, Repackaging dried or dehydrated vegetables (drying of herbs prohibited), Repackaging dried soup mixes, Repackaging roasted coffee beans or grounds (roasting or grinding prohibited), Repackaging dried fruit (drying of fruits prohibited), Repackaging of dried pasta (manufacturing and drying prohibited), Repackaging dry baking mixes, Seasoning salt, Fudge, Popcorn/caramel corn (no chocolate or candy melts for topping), Peanut brittle (using commercially roasted nuts), Rice Krispies treats (no chocolate or candy melts for topping), Granola and trail mix (using commercially roasted nuts), Granola bars (using commercially roasted nuts), Repacking candy (excluding chocolate; melting/repacking of exposed chocolates or chocolate-like candies prohibited), Waffle cones and Pizzelle (no chocolate or candy melts for topping), Toffee/caramel apples (chocolate or candy melts prohibited).
- What products are prohibited under New York cottage food law?
- The following products may not be sold under New York's cottage food exemption: TCS Foods as regulated by FDA, Examples as given in legislation:, Homemade buttercream/cream cheese frosting containing dairy or eggs, Breads containing vegetables, Products containing alcohol, No-bake products (all products must be baked to ensure product stability), Pickles, relishes, jalapenos or sauerkraut, Sauces, salsas, marinades, mustards, ketchups, vinegars, Pepper jellies, wine jellies, vegetable jellies, flower jellies, chutneys, fruit syrups, simple syrups, Cooked or canned fruits or vegetables, Vegetable oils, blended oils, salad dressings, Cheesecake, cream filled pastries, cream pies, meringue pies, Tempered chocolate/candy melt/almond bark for dipping/coating/drizzling (cocoa bombs, chocolate candy, chocolate/candy melt covered fruits, etc.), Any products containing raw nuts, Cheese, yogurt, fluid dairy products, butters, Meat, fish, or poultry products, Beverages, Roasting/grinding coffee beans, Nut butters, Freeze-dried foods, Compotes, Spreads, Quiche, Fudge/caramel sauces, Any finished food product that requires refrigeration.