New York Cottage Food Laws (2026): Selling Homemade Food Legally
This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-11
Quick answer
- Law / program
- Home Processor Exemption (NY Agriculture and Markets Law, 1 CRR-NY 276.4)
- Annual sales cap
- None
- Official details
- State cottage food page
Do you need a license to sell homemade food in New York?
No license: New York uses a free Home Processor Registration instead. Submit the registration request form by email or mail (plus a water test if on a private well). No fee, no routine inspection (complaint basis only), and the registration never expires, though it is tied to your address.
None required.
What foods are allowed
Only foods on the state's approved list: breads, rolls, muffins, cookies, cakes, brownies, scones, double-crust fruit pies, high-acid fruit jams and jellies, fudge, popcorn, brittle, granola, trail mix, crackers, pretzels, plus repacking of commercially dried spices, dried fruit, coffee, pasta, and candy.
Anything refrigerated, plus New York's famous quirks: no cheesecake, no cream or meringue pies, no pumpkin pie (only double-crust fruit pies allowed), no buttercream or cream cheese frosting with dairy or eggs, no pickles, salsas, sauces, vinegars, pepper jellies, chocolate-dipped items, nut butters, beverages, or freeze-dried foods.
Where you can sell
Very broad but in-state only: from home, farms, farmers markets, craft fairs, and flea markets, via home delivery and internet sales, and even wholesale to restaurants, cafes, and grocery stores. All sales and shipping must stay within New York State.
In-person events are where most cottage food sellers move product. Browse upcoming craft fairs in New York to find shows with dates, booth fees, and application deadlines.
Labeling requirements
Labels need the product's common name, ingredients in descending order by weight, net quantity, your name and full address, clear identification of all major allergens, and a phrase like 'Made in a Home Kitchen' in font at least 1/16 inch tall.
Sales tax and local rules
Bakery products and jams are exempt from New York sales tax when sold unheated for off-premises consumption, but candy and confectionery are taxable, which catches fudge, brittle, and caramel corn. Selling any taxable item, even once a year at a craft fair, requires a Certificate of Authority.
Food processing is regulated statewide by Agriculture and Markets; NYC residents register through the same statewide process, though individual markets and event organizers can impose their own vendor rules.
Making or selling foods outside the exemption voids your registration and puts you under full Article 20-C licensing, with daily violations and escalating fines for unlicensed operation.
Selling non-food crafts too? See the New York craft fair permit and sales tax guide.
New York cottage food FAQ
Can I sell homemade food in New York?
Yes, under Home Processor Exemption (NY Agriculture and Markets Law, 1 CRR-NY 276.4). No license: New York uses a free Home Processor Registration instead. Submit the registration request form by email or mail (plus a water test if on a private well). No fee, no routine inspection (complaint basis only), and the registration never expires, though it is tied to your address.
What foods can I sell under New York's cottage food law?
Only foods on the state's approved list: breads, rolls, muffins, cookies, cakes, brownies, scones, double-crust fruit pies, high-acid fruit jams and jellies, fudge, popcorn, brittle, granola, trail mix, crackers, pretzels, plus repacking of commercially dried spices, dried fruit, coffee, pasta, and candy. Anything refrigerated, plus New York's famous quirks: no cheesecake, no cream or meringue pies, no pumpkin pie (only double-crust fruit pies allowed), no buttercream or cream cheese frosting with dairy or eggs, no pickles, salsas, sauces, vinegars, pepper jellies, chocolate-dipped items, nut butters, beverages, or freeze-dried foods.
Is there a sales limit for cottage food in New York?
No. New York places no annual cap on cottage food sales.
Where can I sell cottage food in New York?
Very broad but in-state only: from home, farms, farmers markets, craft fairs, and flea markets, via home delivery and internet sales, and even wholesale to restaurants, cafes, and grocery stores. All sales and shipping must stay within New York State.
What has to be on my label in New York?
Labels need the product's common name, ingredients in descending order by weight, net quantity, your name and full address, clear identification of all major allergens, and a phrase like 'Made in a Home Kitchen' in font at least 1/16 inch tall.
Do I charge sales tax on cottage food in New York?
Bakery products and jams are exempt from New York sales tax when sold unheated for off-premises consumption, but candy and confectionery are taxable, which catches fudge, brittle, and caramel corn. Selling any taxable item, even once a year at a craft fair, requires a Certificate of Authority.
Find places to sell in New York
Browse upcoming craft fairs and markets in New York with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Official sources
- Home Processing, NYS Department of Agriculture and Markets
- Home Processor Registration Request (FSI-898c)
- Tax Bulletin ST-525, Taxable and Exempt Foods
- NY Agriculture and Markets Law 251-z-10, Penalties
Last verified: 2026-06-11. Spotted something out of date? Let us know.