2026 reference
New York Cottage Food Law
New York's cottage food law sets no statewide revenue cap and a permit (Home Processor Registration) is required before the first sale. Home processors may market "at wholesale and/or retail" within New York: farms, farm stands, farmers markets, green markets, craft fairs, flea markets, home delivery, and the internet. Wholesale to local restaurants, cafes, and grocery stores is allowed. Internet sales are allowed within New York only, and shipping out of state is not permitted (NY Agriculture & Markets). Products must be packaged and labeled in the home; packaging at an agricultural event is not permitted.
Watch for: No revenue cap, and wholesale to local restaurants, cafes, and grocery stores is allowed — but the approved-products list is narrow. Pickles, relishes, sauces, salsas, and other acidified foods, fermented vegetables, refrigerated items, and roasting or grinding coffee beans are out. Cakes and cupcakes are allowed, but not with homemade buttercream or cream cheese frosting containing dairy or eggs. Pies must be double-crust fruit only.
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
Home processors may market "at wholesale and/or retail" within New York: farms, farm stands, farmers markets, green markets, craft fairs, flea markets, home delivery, and the internet. Wholesale to local restaurants, cafes, and grocery stores is allowed. Internet sales are allowed within New York only, and shipping out of state is not permitted (NY Agriculture & Markets). Products must be packaged and labeled in the home; packaging at an agricultural event is not permitted.
- Direct (in-person)
- Farmers markets
- Online (in-state)
- In-state mail
- Retail / grocery
- Restaurants / food service
What's required before your first sale
Home Processor Registration with NY Agriculture & Markets (form FSI-898c, no fee) under 1 NYCRR 276.4. No required food handler course and no routine kitchen inspection. The registration covers the products you list at your location; file a supplemental registration to add products. If you are on a private well, submit certified lab results showing negative Total Coliform and E. coli with the application.
Allowed and excluded foods
Permitted under cottage food
- breads and rolls
- cookies and brownies
- cakes (no homemade buttercream or cream cheese frosting containing dairy or eggs)
- cupcakes
- fruit pies (double-crust only)
- sugar confections such as toffees, caramels, hard candies, and fudge
- fruit jams, jellies, and marmalades made with high-acid fruits
- repacked or blended commercially dried spices and herbs
- granola
Excluded from cottage food
- pickles, relishes, and sauerkraut
- sauces, salsas, marinades, mustards, ketchups, and vinegars
- fermented vegetables
- refrigerated items
- homemade buttercream or cream cheese frosting containing dairy or eggs
- custard pies
- meat pies
- roasting or grinding coffee beans
- dairy products
- meat and poultry
Label requirements
- Common or usual name of the product
- Ingredient list in order of predominance by weight
- All allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame) clearly identified in the ingredient statement
- Net quantity of contents (net weight, standard measure, or numerical count under 1 NYCRR 276.4)
- Processor name and full address (street address or P.O. box, city, state, and ZIP code)
- Agency guidance: add a phrase like "Made at Home by XYZ", "Made in the Home Kitchen of XYZ", or "Made in a Home Kitchen", in type 1/16 inch or larger — no exact wording is mandated
- Label in English (additional languages may be added)
Generate your New York disclosure label in one click
Ardent Seller assembles a print-ready cottage food label for New York from data you already track — the state's required disclosure statement rendered verbatim (and sized to meet the state's minimum type size where one applies), your operator info, ingredients in descending order by weight, the federal "Contains:" allergen line, net weight, and lot code. A validation checklist flags anything New York requires that's missing before you print. Included on every plan.
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 Registration. 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 sets no revenue cap on home processors. 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 approved list and sales stay within New York.
Do I need a permit or license to sell cottage food in New York?
You need a Home Processor Registration from the New York State Department of Agriculture and Markets before you start selling (form FSI-898c; no fee). The kitchen is not routinely inspected, but you must list the products you intend to make so the department can confirm they are on the approved list, and file a supplemental registration to add products. If you are on a private well, include certified water test results.
Can I sell hot sauce, pickles, or fermented foods under New York cottage food law?
No. Agriculture & Markets lists pickles, relishes, jalapenos, and sauerkraut, and sauces, salsas, marinades, mustards, ketchups, and vinegars, as products home processors may not make. Those products need a licensed food processing establishment.
Can I ship New York cottage food across state lines?
No. Agriculture & Markets says internet sales are allowed within New York State only and shipping products out of state is not permitted.
Can I sell cottage food to restaurants or grocery stores in New York?
Yes, within New York. Agriculture & Markets says home processors may sell wholesale to local facilities such as restaurants, cafes, and grocery stores that wish to carry their products, as well as at retail through farm stands, farmers markets, craft fairs, home delivery, and the internet.
Are NYC cottage food rules different from the rest of New York State?
Partially. The state Home Processor Registration 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 registered home processor 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
- NY Agriculture & Markets — Home Processor Registration Request (FSI-898c)
- Forrager — cottage food law database
- 1 NYCRR 276.4 — Home processor exemption and label requirements
- 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.
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