New York cottage food laws

New York calls its cottage food path the Home Processor Exemption, a registration-only carve-out from the broader Article 20-C food processing license. It is administered by the New York State Department of Agriculture and Markets (NYS Ag & Markets) Division of Food Safety and Inspection. The exemption was reformed in 2018 to broaden the allowed foods and venues, and again in subsequent NYS Ag & Markets policy updates.

There is no fee to register and no annual gross-sales cap on approved Home Processors. Registrations are renewed every two years. The application is paper-based (Form FSI-898) and is submitted to NYS Ag & Markets; approval generally takes a few weeks. Home Processors must produce only the foods on the approved list, in their own home kitchen, and follow specific labeling rules.

Approved Home Processors may sell from home, online with in-state delivery and shipping, at farmers markets, at farm stands, and through some retail stores and restaurants within New York. In-state shipping by USPS or other common carrier is allowed. Out-of-state shipping is not allowed because it crosses into federal interstate commerce, which requires a commercial Article 20-C license and federal compliance.

The biggest catch is the product list. New York's Home Processor list is narrower than many states. Anything containing chocolate (truffles, chocolate-covered strawberries, cocoa bombs) is explicitly excluded. So are cheesecakes, custards, cream-filled pastries, salsas, ketchup, pickles, fermented foods, beverages, and any product containing alcohol, meat, fish, or poultry. Stick to plain baked goods, jams, jellies, candies, dry mixes, dried herbs, and similar items.

New York does not impose a state-level annual gross sales cap on Home Processors. You can grow as large as your home kitchen and product list support. Note that there is pending legislation (NY A5836) that would create a much smaller carve-out with a $12,500 cap for an additional homegrown food category; that bill is still in committee and does not change the existing Home Processor program.

New York does not require formal food handler or food manager training for Home Processors. Many counties and farmers markets still ask for a basic food safety course; ServSafe Food Handler and StateFoodSafety courses are common low-cost options. The Cornell Cooperative Extension also runs in-person and online food safety classes that are useful before you launch.

Submit Form FSI-898 (Home Processor Registration Request Form) to NYS Ag & Markets, Division of Food Safety and Inspection, by mail. Include a list of products and sample labels. There is no fee. Approval typically takes about two weeks. Re-register every two years. The Home Processor exemption is tied to the operator and the home address; if you move, you re-register.