Beverages in New York

Prohibited under the Home Processor Exemption. Kombucha is a fermented tea with variable alcohol content (typically 0.5%–3% ABV depending on secondary fermentation) and pH variability — both of which make home production outside a licensed facility impermissible. If alcohol content exceeds 0.5% ABV, federal TTB oversight applies.

Licensed path: Article 20-C food processing license from NYSDAM for shelf-stable kombucha; or TTB brewer's notice + NY State liquor license if selling as an alcoholic kombucha (above 0.5% ABV).

Prohibited under the Home Processor Exemption. Cold brew is a TCS beverage — it is brewed at room temperature or cold and requires refrigeration to remain safe. It also has water activity and pH levels that support bacterial growth without temperature control.

Licensed path: Article 20-C food processing license + commercial kitchen. Note: repackaging commercially roasted coffee beans or grounds is permitted under the exemption — but brewing and selling liquid cold brew is not.

Prohibited under the Home Processor Exemption. Fresh and cold-pressed juices are TCS beverages. They also fall under FDA juice HACCP regulations (21 CFR Part 120), which require a Hazard Analysis and Critical Control Points plan for any juice sold commercially — a requirement that cannot be met in an uninspected home kitchen.

Licensed path: Article 20-C food processing license + commercial facility with HACCP plan. Small-scale juice producers in NY often operate through shared-use commercial kitchens with their own HACCP documentation.

Prohibited under the Home Processor Exemption. All beverages — including lemonade — are excluded from the approved list regardless of their acidity. Fresh lemonade is also a TCS product when made with fresh juice and not shelf-stabilized through pasteurization or other processes.

Licensed path: Article 20-C food processing license for bottled, commercially produced lemonade. Selling lemonade by the cup at an event may require a temporary food service permit from your local health department.

Prohibited under the Home Processor Exemption. Shrubs — fruit and vinegar-based drinking syrups — are classified as beverages and acidified foods. Both categories are explicitly excluded from the approved list. Acidified foods are also subject to FDA registration requirements (21 CFR Part 114).

Licensed path: Article 20-C license + FDA food facility registration for acidified food products. Given the dual regulatory layer, shrub production is a meaningful compliance project requiring commercial facilities.

Prohibited as a brewed or bottled liquid beverage under the Home Processor Exemption. All beverages are excluded. Note: dry loose-leaf tea blends, tea bags, and herbal tisane blends (sold as dry products, not brewed liquid) are a different category — see the notes below on dry tea products.

Licensed path for bottled brewed tea: Article 20-C food processing license + commercial kitchen. Dry tea/herb blends may be permissible under the repackaging provisions of the exemption — see note below.

Prohibited under the Home Processor Exemption. All drinking liquids — including functional beverages, wellness tonics, and flavored waters — fall within the blanket beverage prohibition. No exceptions exist for health-forward or functional beverage categories.

Licensed path: Article 20-C food processing license. For products with health claims, also check FDA labeling and dietary supplement regulations.

Prohibited under the Home Processor Exemption. Carbonated beverages — including craft sodas, sparkling waters, and carbonated mixers — are explicitly listed as prohibited in the NYSDAM's approved product documentation. Carbonation also creates pressure build-up and secondary fermentation risks that require equipment and conditions incompatible with a home kitchen.

Licensed path: Article 20-C food processing license with appropriate commercial bottling equipment. Craft soda producers in New York typically operate from licensed commercial facilities.