New York's Cottage Food Law
New York's cottage food law allows individuals to produce and sell certain non-hazardous foods made in a home kitchen without a commercial license. The law applies to home-based producers selling directly to end consumers. Covered products are limited to non-potentially-hazardous foods, meaning items that don't require refrigeration to stay safe, such as baked goods, jams, and candies.
You can sell your products directly to consumers through farmers markets, roadside stands, farm stands, and your own home. Online orders are permitted, which means you can take orders through a website or social media. However, shipping is not allowed, so every transaction must result in an in-person handoff. You cannot sell through retail stores or wholesale channels.
Your annual gross sales cannot exceed $50,000. No permit, license, or registration is required before you start selling. Every product must carry the required disclaimer stating it was made in a home kitchen not subject to state or local health department inspection. New York's $50,000 revenue cap is relatively generous compared to many other states, giving your business meaningful room to grow.
Annual Limit
$50,000/year
Permit Required
No
Online Orders
Allowed
Shipping
Not Allowed
Permitted Foods
- ✓Baked goods (cakes, cookies, breads, muffins, pastries)
- ✓Jams, jellies, and preserves
- ✓Candies and confections
- ✓Dried herbs and herb blends
- ✓Roasted nuts and nut mixes
- ✓Granola and trail mix
- ✓Honey
- ✓Fruit pies and fruit empanadas
- ✓Dry baking mixes
Prohibited Foods
- ✗Meat and poultry products
- ✗Foods requiring refrigeration for safety
- ✗Dairy-based products (e.g., cheesecakes, cream-filled pastries)
- ✗Cut fresh fruits and vegetables
- ✗Canned low-acid vegetables
- ✗Fruit butters processed at home (unless tested and approved)
- ✗Alcoholic beverages
- ✗Wholesale or retail resale products
Labeling Requirements
- ✓Producer's full name and home address
- ✓Product name
- ✓Complete ingredient list in descending order by weight
- ✓Major food allergen disclosure
- ✓Net weight or net volume
- ✓Required disclaimer: 'This product was produced in a home kitchen that is not subject to New York State or local health department inspection.'
Required Label Disclaimer
“This product was produced in a home kitchen that is not subject to New York State or local health department inspection.”
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New York allows online orders
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Bill tracking data provided by LegiScan