New York Cottage Food Rules (2026): The Home Processor Exemption

New York doesn't call it "cottage food". The state's program is the Home Processor Exemption from Article 20-C food processing licensing, run by the New York State Department of Agriculture and Markets. It's free, it has no sales cap, and it allows wholesale to local shops. But its food list is strict, and the department spells out a long list of prohibited items.

Registration: free, but allow time

• Send the one-page Home Processor Registration Request by email or mail to the department's Division of Food Safety and Inspection.
• There's currently no fee, and the registration doesn't expire.
• If you're on a private well, include certified lab results showing negative or absent Total Coliform and E. coli.
• In 2026 the department warned of high demand: allow up to 16 weeks for review.
• Registration is tied to your address. If you move, apply again. To add products, file a supplemental request.
• The department reviews kitchens on complaint only. Check with local zoning before starting a home business.

What you can and can't make

The approved list is specific, and the details matter. Allowed items include breads, rolls, biscuits, bagels, muffins, and scones (with high-acid or commercially dried fruit, but no vegetables); cookies, brownies, baklava, and biscotti; cakes and cupcakes (no homemade buttercream or cream cheese frosting); double-crust fruit pies; high-acid fruit jams, jellies, and marmalades; fudge and sugar confections; popcorn and caramel corn; granola and trail mix made with commercially roasted nuts; crackers, pretzels, and vegetable chips; and repacked dried spices, soup mixes, and baking mixes.

Prohibited items include:

• Anything that needs refrigeration
• "No-bake" products
• Tempered chocolate, candy melts, or coatings (so no cocoa bombs or dipped fruit)
• Raw nuts
• Pickles, sauces, salsas, and pepper or wine jellies
• Cheesecake and cream pies
• Beverages
• Coffee roasting
• Nut butters
• Freeze-dried foods
• Meat, fish, and dairy

Pet treats need a separate registration.

Where you can sell

Home processors can sell retail and wholesale: at farms, farm stands, farmers' markets, green markets, craft fairs, and flea markets, by home delivery, and over the internet. Restaurants, cafés, and grocery stores in New York can carry your products. Everything must be sold within New York State. No out-of-state shipping is allowed. Items must be prepackaged and labeled at home, not at the market.

The New York label

Required on every package:

• The common or usual name of the product
• An ingredient list in order of predominance by weight
• Net quantity of contents
• Processor name and full address (street or PO Box, city, state, ZIP)
• Allergens clearly identified in the ingredient statement: eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame

The department also recommends a phrase like "Made in a Home Kitchen" or "Made at Home by XYZ", in type at least 1/16 inch tall. It's listed as a recommendation, not a statutory sentence, but it costs nothing to include.

Nutrition Facts

New York's home processor page doesn't require a Nutrition Facts panel. The federal rule of thumb still applies: once you make a nutrient or health claim, the small business exemption no longer protects you. Wholesale buyers may also ask for a panel. If they do, our standard vertical or simplified format will fit most baked goods.

Official source

NYS Department of Agriculture and Markets — Home Processing.