Cottage Food Laws in New York (2026): Complete Guide for Home Bakers

New York calls its cottage food program the Home Processor Exemption. What it offers is genuinely strong: no revenue cap, free registration, wholesale allowed, in-state shipping allowed, and access to one of the best farmers market networks in the country.

The catch — and there is a real one — is that New York has some of the most specific ingredient-level restrictions you will find anywhere. And the rule that trips up more New York bakers than any other: chocolate is prohibited. Not cream cheese frosting. Not custard. Chocolate.

If you want to sell chocolate chip cookies with a chocolate drizzle, chocolate-dipped strawberries, or ganache-frosted cake at your farmers market booth, you cannot do it as a registered home processor in New York. This is not a rumor or an outdated rule. It is current, confirmed, and enforced.

Official source: NY Department of Agriculture and Markets — Home Processing

what the home processor exemption actually is

New York requires anyone selling commercially processed food to hold an Article 20-C food processing license. The Home Processor Exemption carves out an exception for low-risk foods made at home — no license required, just registration.

The exemption is governed by 1 CRR-NY 276.4. It is not a state law passed by the legislature. The Department of Agriculture and Markets manages and updates the approved food list through regulatory rules, which means it can change without a legislative session.

Registration is free and does not expire. You register with the Department of Agriculture and Markets, Division of Food Safety and Inspection. If you move, you must reapply. If you want to add new products later, you submit a supplemental registration.

Registration typically takes a few weeks to process. Apply before farmers market season, not the week it opens.

Source: NY Department of Agriculture and Markets — Home Processing

revenue cap

This makes New York one of the most scalable cottage food states in the country for bakers who want to grow.

One bill introduced in early 2025 (Assembly Bill A5836, the "Homegrown Foods Act") proposed adding a $12,500 cap, but this bill was referred to committee and had not passed as of early 2026. If you are building a serious business in New York, keep an eye on this legislation.

Source: NY Assembly Bill A5836 — NYSenate.gov

what you can sell

New York uses a specific approved list. If a product is not explicitly listed, you cannot sell it under the exemption.

Baked goods (no refrigeration required):

Breads, rolls, biscuits, bagels, scones, muffins, cookies, brownies, biscotti, double-crust fruit pies, cakes, cupcakes, cake pops, donuts, macarons, pizzelles, tortillas, and wedding and special occasion cakes.

Some restrictions within baked goods:

• Breads with vegetables (zucchini bread, carrot bread) are not allowed — vegetables increase moisture content
• Focaccia is specifically prohibited
• Baked goods containing alcohol are not allowed
• Fruit breads using commercially dried fruit are generally fine; fresh fruit breads are riskier — check with the department

Jams, jellies, and preserves:

High-acid fruit jams, jellies, marmalades, and fruit butters using high-acid fruits: apple, apricot, blackberry, blueberry, cherry, clementine, cranberry, currants, elderberry, grape, grapefruit, lemon, lime, nectarine, orange, peach, pear, pineapple, plum, raspberry, strawberry. Vegetables are not allowed in jams or preserves. Jam jars must use rigid metal covers.

Candy and confections:

Hard candy, fudge, toffee, brittle, caramel, caramel corn, and toffee/caramel apples are allowed. Chocolate is not allowed — see the dedicated section below.

Snack items:

Popcorn, kettle corn, caramel corn, crackers, pretzels, granola, granola bars, trail mix, peanut brittle, and vegetable chips (made from commercially dehydrated vegetables).

• All nuts used in any product must be commercially roasted or heat-treated — raw nuts are prohibited
• Commercially dried spices and herbs may be repackaged or blended
• Soup mixes using commercially dried and processed ingredients are allowed

Honey, maple syrup, and dried herbs (commercially processed, repackaged or blended) are allowed.

Source: NY Department of Agriculture and Markets — Home Processing

the chocolate rule — new york's most unique restriction

The reason: melting or tempering chocolate is not a thermal kill process. Chocolate melts at very low temperatures — not high enough to kill pathogens. New York views it as a safety risk without a licensed, inspected facility.

This does not mean you cannot have chocolate as a baked-in ingredient. Chocolate chips baked into a cookie go through a thermal process in the oven and are fine. The issue is melted or tempered chocolate used as a coating, topping, or dip after baking.

When in doubt: call the Department at (518) 457-4492 and ask before selling a specific product.

Workaround: For chocolate-dipped items, there is no clean substitute. Build your menu around products that do not depend on chocolate coatings. Caramel-dipped apples, peanut brittle, and vanilla-frosted items can anchor a strong market booth without chocolate.

what you cannot sell

Beyond the chocolate rule, New York also prohibits:

• Anything requiring refrigeration — cream pies, custard pies, meringue pies, cheesecake, cream-filled pastries
• Buttercream frosting made with butter, eggs, cream, or cream cheese
• Cream cheese frosting
• Vegetable breads — zucchini bread, carrot bread, pumpkin bread
• Raw nuts in any form — all nuts must be commercially roasted
• Alcohol-containing products — rum cakes, beer bread, liqueur-infused items
• Acidified foods — pickles, salsas, chutneys, ketchup, mustard
• Low-acid canned goods
• Juices and beverages
• Fermented foods — kombucha, kimchi, sauerkraut
• Nut butters
• Roasted coffee beans — roasting coffee is specifically prohibited in a home kitchen
• Meat, poultry, fish, seafood

alternatives for common restricted items

where you can sell

New York is broad on venues. You can sell at:

• Your home — direct pickup, porch sales, home delivery
• Farmers markets and green markets — New York has over 600 certified markets statewide
• Farm stands and roadside stands
• Craft fairs and flea markets
• Agricultural farm venues
• Online with in-state delivery or shipping
• Wholesale to restaurants, cafes, and grocery stores

All sales must remain within New York State.

Source: NY Department of Agriculture and Markets — Home Processing

porch stands and farm stands

Yes, both are allowed. Selling from your home property — a porch stand, a driveway table, a farm stand at the end of your road — counts as direct-to-consumer sales and is fully permitted.

Check with your local zoning office before setting up a regular stand. The Department of Agriculture and Markets itself says: "Be sure to consult with your local zoning officials for approval before commencing any home-based business." New York does not preempt local zoning the way Texas does.

online sales and shipping

New York allows online sales and in-state shipping. You can take orders through your website or social media and ship to buyers anywhere in New York via USPS, UPS, FedEx, or any carrier.

You cannot ship outside New York State. All products must be pre-packaged in your home before delivery or shipment — you cannot package products at an event or market.

wholesale — new york allows it

The same product restrictions apply regardless of whether you are selling direct or wholesale. A product you cannot sell at a farmers market you cannot sell to a restaurant either.

registration process

Registration is free and done through the NY Department of Agriculture and Markets, Division of Food Safety and Inspection.

Submit the Home Processor Registration Request form by mail or email to:

Plan for two to six weeks for processing. Apply well before you plan to start selling.

If you use a private well: you must include a water potability test showing negative results for Total Coliform and E. coli, performed by a certified lab. Municipal water customers do not need a water test.

Your registration does not expire but is location-specific. Moving means reapplying. To add products after your initial registration: submit a supplemental registration form noting it is an addition to your existing approval.

labeling requirements

Every product must be pre-packaged and labeled before sale. You cannot package at the point of sale.

Your label must include:

• The common name of the product
• Ingredients in descending order by weight
• Net weight or net volume
• Your name and full address (street address or P.O. Box, city, state, ZIP)
• Allergen information per federal requirements

Additional requirement for jams and jellies: rigid metal lids are required on glass jars. Plastic lids are not compliant.

New York does not require a specific "made in a home kitchen" disclaimer statement the way Texas and Florida do.

employees

The Home Processor Exemption is for individual producers. Family members living in the household can help you. Outside employees are generally not permitted under the exemption. If your business grows to the point where you need to hire outside help, you will likely need to move to a licensed commercial facility.

food safety training

New York does not require food safety training at the state level. However, many farmers markets and venues require a Food Handler Certificate from vendors. Getting a basic food handler card (online, about 90 minutes, $10 to $15) is a smart move regardless of whether it is mandatory.

quick reference: new york home processor exemption at a glance

a note on the pending legislation

As of early 2026, Assembly Bill A5836 (the "Homegrown Foods Act") is in committee. If passed, it would create a new category of home-based food operation with a $12,500 annual sales cap — significantly more restrictive than the current no-cap exemption.

This has not passed as of the writing of this post. The current Home Processor Exemption with no revenue cap remains in effect. Monitor the NY Senate website for updates if you are building a serious business in New York.

now that you know the rules, let's talk about pricing

No revenue cap means the ceiling on your New York home baking business is set by you, not the law. That is a real opportunity. Between the farmers market network, in-state shipping, and wholesale access to New York City and upstate restaurants, the potential market is enormous.

But knowing the rules does not tell you what to charge. And in a state with some of the highest cost of living in the country — ingredients cost more, packaging costs more, the gas to get to a market costs more — most cottage bakers still underprice badly because they never add it all up.

When you count your real costs: ingredients, packaging, labels, transportation, the time spent baking, decorating, packaging, messaging customers, and cleaning up — the hourly rate most bakers are actually earning tends to be a lot lower than they expect.

This post reflects the New York Home Processor Exemption under Agriculture and Markets Regulation 1 CRR-NY 276.4, current as of early 2026. The approved food list is updated periodically and can change without legislative action. Always verify the current approved list at agriculture.ny.gov/food-safety/home-processing or by calling (518) 457-4492. This is not legal advice.