Is Cottage Food Legal in New York? (2026)
Yes. In New York, cottage food is legal. Cottage food operations are legal in New York, allowing home-based production and sale of certain low-risk foods without a commercial kitchen license, provided specific guidelines are followed.. A permit or license is required.
Key facts
- Status
- Legal
- Permit required
- Yes
- Jurisdiction
- New York
- Last reviewed
- 2026-02-26
Cottage Food laws in New York
New York State's Department of Agriculture and Markets regulates cottage food production. Since 2013, the state has allowed "Home Food Processors" to produce a variety of foods in their home kitchens for sale directly to consumers, online, or at farmers' markets and farm stands. These operations are exempt from the extensive regulations and licensing required for commercial food processing establishments, as long as they only produce specific types of "non-potentially hazardous" foods. The 2019 expansion of the law (S5578/A7067) broadened the types of food products permitted and increased the sales limit. To operate as a Home Food Processor, individuals must register with the New York State Department of Agriculture and Markets (NYSDAM) and comply with all applicable regulations, including labeling requirements and sales limits. The foods produced must generally be shelf-stable and not require refrigeration for safety. Examples of permitted foods include baked goods (excluding those requiring refrigeration), jams, jellies, honey, maple syrup, dried herbs, and candies. Foods that are considered potentially hazardous, such as those containing meat, dairy, or requiring refrigeration for safety, are typically not allowed. The annual sales limit for cottage food products is typically set and updated by NYSDAM; historically, it has been as high as $50,000. Compliance checks are conducted by NYSDAM to ensure home food processors adhere to the regulations. Failure to comply can result in fines, revocation of registration, and cessation of operations. While no specific statute number is usually provided for the entire cottage food law, it falls under the broader umbrella of the New York State Agriculture and Markets Law, with specific regulations detailed by the Department.
Frequently asked questions
Is cottage food legal in New York for travelers?
For travelers visiting New York, cottage food is currently legal. New York State's Department of Agriculture and Markets regulates cottage food production. Since 2013, the state has allowed "Home Food Processors" to produce a variety of foods in their home kitchens for sale directly to consumers, online, or at farmers' markets and farm stands. These operations are exempt from the extensive regulations and licensing required for commercial food processing establishments, as long as they only produce specific types of "non-potentially hazardous" foods. The 2019 expansion of the law (S5578/A7067) broadened the types of food products permitted and increased the sales limit. To operate as a Home Food Processor, individuals must register with the New York State Department of Agriculture and Markets (NYSDAM) and comply with all applicable regulations, including labeling requirements and sales limits. The foods produced must generally be shelf-stable and not require refrigeration for safety. Examples of permitted foods include baked goods (excluding those requiring refrigeration), jams, jellies, honey, maple syrup, dried herbs, and candies. Foods that are considered potentially hazardous, such as those containing meat, dairy, or requiring refrigeration for safety, are typically not allowed. The annual sales limit for cottage food products is typically set and updated by NYSDAM; historically, it has been as high as $50,000. Compliance checks are conducted by NYSDAM to ensure home food processors adhere to the regulations. Failure to comply can result in fines, revocation of registration, and cessation of operations. While no specific statute number is usually provided for the entire cottage food law, it falls under the broader umbrella of the New York State Agriculture and Markets Law, with specific regulations detailed by the Department.
Do I need a permit for cottage food in New York?
Yes, New York requires a permit or license for cottage food. Contact the relevant state agency for application details.
Can I transport cottage food through New York?
Transport laws for cottage food in New York depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for cottage food violations in New York?
Penalties for cottage food violations in New York vary based on the specific offense. Always verify current laws before traveling.