New York Cottage Food Law: Labeling and Sales Guide
Cottage food regulations for New York — sales limits, allowed and prohibited products, labeling requirements, and where you can sell direct-to-consumer.
Quick Answer
New York has two paths for home-based food businesses. The Home Processor exemption allows direct-to-consumer sales of certain shelf-stable foods up to $50,000 annually with no fee but with NYSDAM notification. The Article 20-C license is more formal — required for higher-volume operations, indirect sales to retail, and a broader product range. Both require labels with producer information, ingredient list, allergens, and the New York-specific "Home Processed" disclaimer. NYSDAM actively enforces and inspects 20-C licensees.
New York Cottage Food Law: At a Glance
| Law / Program | New York Home Processor Exemption / Article 20-C |
| Enacted / Last Amended | 1996 (Home Processor); periodic updates through 2024 |
| Annual Sales Limit | $50,000 annually (Home Processor exemption); higher limits with 20-C license |
| Statute Citation | NY Agriculture & Markets Law Article 20-C; 1 NYCRR §276 |
| Enforcing Agency | New York State Department of Agriculture and Markets (NYSDAM) |
Allowed Cottage Food Products
- ✓Baked goods (bread, cookies, cakes, pies, biscuits — no cream or custard fillings)
- ✓Candy and confections
- ✓Honey, syrups, fruit butters
- ✓Jams, jellies, preserves with high-acid fruits
- ✓Dried fruits, dried herbs, dried vegetables
- ✓Dry mixes (cake, pancake, dry seasonings)
- ✓Roasted coffee beans, dry tea blends
- ✓Granola, popcorn, trail mixes
- ✓Vinegars and flavored vinegars
- ✓Some snack foods (chips, pretzels under specific conditions)
Products NOT Permitted Under Cottage Food
- ✗Meat, poultry, fish products
- ✗Dairy products requiring refrigeration
- ✗Cream- or custard-filled baked goods
- ✗Low-acid canned vegetables
- ✗Pickled products without proper acidification
- ✗Fermented beverages
- ✗Pet treats
Where You Can Sell
- •Farmers markets within New York State
- •Roadside stands and similar direct venues
- •Home-based sales (in-person pickup)
- •Limited sales at festivals, fairs, and food events
- •Online sales within New York (with 20-C license)
- •Home Processor exemption typically restricts to direct sales only
- •20-C license permits indirect sales to retail outlets
New York Cottage Food Labeling Requirements
- 1Product name
- 2Producer's name and address
- 3Net weight or volume statement
- 4Ingredient list in descending order by weight
- 5Allergen disclosure per FALCPA + FASTER Act
- 6Disclaimer: "Home Processed and Prepared. This product has been prepared and packaged in a kitchen exempt under New York State Agriculture and Markets Law."
- 7For 20-C license holders: license number must appear on label
New York Cottage Food FAQs
What's the difference between Home Processor exemption and 20-C license?
The Home Processor exemption is a notification-based program for low-volume direct-to-consumer cottage food sales (up to $50K/year). No fee, no inspection, but limited product range. The Article 20-C license is a formal license that permits higher-volume operations, indirect sales to retail, and a broader product list — but requires application fees, kitchen inspections, and ongoing NYSDAM oversight.
How do I apply for the New York Home Processor exemption?
Submit a notification form to NYSDAM with your name, address, products to be made, and intended sales venues. No fee is required for the basic exemption. NYSDAM responds within 30 days. You'll receive a notification number that should appear on customer-facing materials.
Does New York City have additional rules?
Yes — New York City's Department of Health and Mental Hygiene (DOHMH) has additional rules for selling food in NYC, including food vendor permits for farmers markets, special permits for street vending, and specific local ordinances. Operating in NYC requires both state Home Processor or 20-C compliance AND NYC-level permits.
Can I sell my Home Processor products to grocery stores?
Not under the Home Processor exemption — that's limited to direct-to-consumer sales. For wholesale to retail stores, you need either an Article 20-C license OR a full Article 20 commercial food manufacturer license, depending on volume.
What happens during a NYSDAM kitchen inspection (for 20-C)?
NYSDAM inspectors evaluate the home kitchen for cleanliness, separation from family living areas, refrigeration and temperature control, allergen contamination risks, and basic food safety practices. The inspection takes 1-2 hours. Common issues that result in rejection: shared bathroom near kitchen, pets in food prep areas, inadequate ventilation, or lack of separate food prep storage.
Can I sell my cottage food at New York farmers markets year-round?
Yes — both Home Processor exemption and 20-C license holders can sell at New York farmers markets. Many markets require copies of your NYSDAM paperwork to verify compliance. The Greenmarket system in NYC has additional vendor requirements beyond state law.
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