2026 reference
New York Cottage Food Law
New York's cottage food law sets no statewide revenue cap and a permit (Home Processor Exemption letter) is required before the first sale. Direct sales, farmers markets, in-state online sales, in-state mail order, and home delivery within New York all permitted. Wholesale to retailers and out-of-state shipping are prohibited.
Watch for: No revenue cap, but the approved-products list excludes acidified foods, fermented vegetables, and refrigerated items. Cakes, cake pops, and cupcakes ARE allowed (no homemade buttercream or cream cheese frostings). Pies must be double-crust fruit only — single-crust, custard, nut, and meat pies are out.
Key facts
Read the full New York cottage food law guide
Editorial guide with statute citations, special-program details, label requirements, and complete FAQ coverage.
Where you can sell
Direct sales, farmers markets, in-state online sales, in-state mail order, and home delivery within New York all permitted. Wholesale to retailers and out-of-state shipping are prohibited.
- Direct (in-person)
- Farmers markets
- Online (in-state)
- In-state mail
What's required before your first sale
Home Processor Exemption letter required from NY Dept of Agriculture & Markets (free, one-page application). No required food handler course. Kitchens reviewed on a complaint basis only — no routine inspection. The exemption letter is product-specific; amend it when adding new products.
Allowed and excluded foods
Permitted under cottage food
- breads and rolls
- cookies and brownies
- cakes (without cream-cheese or buttercream frosting)
- cupcakes
- fruit pies (double-crust only)
- candies and confections
- jams and jellies
- fruit butters
- dried herbs and seasonings
- granola
- roasted coffee
Excluded from cottage food
- acidified foods (hot sauce, salsa, pickles)
- fermented vegetables
- refrigerated items
- cream-cheese and buttercream frostings
- custard pies
- meat pies
- dairy products
- meat and poultry
Label requirements
- Product name
- Producer's name and address
- Full ingredient statement (descending order by weight, with sub-ingredients)
- Allergen disclosure for the major nine allergens
- Net weight or volume (US customary AND metric)
- State-required disclosure as worded in the exemption letter (do not paraphrase)
- Label in English (additional languages may be added)
Adjacent programs
NYC Department of Health temporary food vendor permit
New York City operators face a separate DOHMH permit layer for street vending and certain temporary food venues — on top of the state Home Processor Exemption. GreenMarkets and organized farmers markets typically handle this at the market level.
Frequently asked questions
Is there a revenue cap on New York cottage food sales?
No. New York is one of a small number of states with no statutory revenue cap on home-based food production under the Home Processor Exemption. A producer can sell $5,000 a year or $500,000 a year from a home kitchen, as long as the products stay on the allowed list and the sales channels stay within the rules.
Do I need a permit or license to sell cottage food in New York?
You need to apply for a Home Processor Exemption from the New York State Department of Agriculture and Markets before you start selling. The exemption itself is free, the form is short, and the kitchen is generally not inspected as a condition of the exemption — but you must describe the products you intend to make so the department can confirm they are non-hazardous and on the allowed list.
Can I sell hot sauce, pickles, or fermented foods under New York cottage food law?
Generally no, with narrow exceptions. The Home Processor Exemption is designed for non-hazardous, shelf-stable foods. Most acidified products (hot sauce, salsa, relishes, pickles) and fermented vegetables (sauerkraut, kimchi) are not eligible for the exemption by default. Some pickled and acidified products can be approved on a case-by-case basis if the producer submits a recipe with pH testing.
Can I ship New York cottage food across state lines?
No. The Home Processor Exemption authorizes sales within New York State only. Interstate shipping triggers federal jurisdiction (FDA), which does not recognize state cottage food exemptions. Online sales within New York are permitted as long as the buyer is in New York and the delivery is in-state.
Can I sell cottage food to restaurants or grocery stores in New York?
No. The Home Processor Exemption is for direct-to-consumer sales only. A producer can sell at the home, at farmers markets, at fairs, by online order with in-state delivery, and at community events — but not to restaurants, cafes, grocery stores, gift shops, or any other retailer that resells the product.
Are NYC cottage food rules different from the rest of New York State?
Partially. The state Home Processor Exemption applies inside the five boroughs the same way it applies upstate. The difference is the layer of New York City Department of Health and Mental Hygiene (DOHMH) rules that govern selling on public property, at certain temporary food venues, and at city-managed markets. A Home Processor with state exemption who wants to vend on a street, at a NYC special event, or at a temporary food service location typically needs an additional NYC permit.
Sources
- NY Department of Agriculture & Markets — Home Processing
- Forrager — cottage food law database
- NY Agriculture & Markets Law Article 20-C — Food Processing Establishments
Reference content only — not legal advice. State laws change frequently. Verify against the official source before launching.
Tools that work with New York
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Run your New York cottage food business in one place
Ardent Seller tracks ingredients, batches, labels, and revenue against your state's cap — built for cottage food producers.