New York — the rules
Selling Food From Home in New York: Cottage Food Rules (2026)
Yes — you can legally sell food made in your home kitchen in New York, under the Home Processor Exemption. There is no state sales cap on the books. Here is exactly what that means.
New York at a glance
| Home food sales | Allowed |
| Program | Home Processor Exemption |
| Annual sales cap | None specified |
| Sales channels | Direct to consumers AND through retail/indirect channels |
What foods are covered
non-potentially-hazardous only: shelf-stable baked goods (no cream fillings or cream cheese/buttercream frostings), high-acid fruit jams/jellies/marmalades, granola, crackers, popcorn, snack items; no refrigerated products; wholesale and retail sales allowed but all sales must stay within New York State
Permits and registration
Free registration with NYS Dept of Agriculture & Markets (Home Processor Registration Request form, no expiration); well-water coliform test required if on private well; kitchens reviewed on a complaint basis only (no routine inspection)
Going legal in New York: the plate-seller checklist
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.
Sources and verification
Verified 2026-07 against: agriculture.ny.gov · agriculture.ny.gov. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.
Questions people ask
Is it legal to sell food from home in New York?
Yes — under Home Processor Exemption. Allowed foods and channels are specific; check the primary source.
How much can you sell under New York's cottage food law?
New York does not specify a state sales cap in the current rules.
Do you need a permit to sell food from home in New York?
Free registration with NYS Dept of Agriculture & Markets (Home Processor Registration Request form, no expiration); well-water coliform test required if on private well; kitchens reviewed on a complaint basis only (no routine inspection)