Getting licensed to sell home-made food in New York is free and takes about two weeks. One form, one agency, no fee. Here is exactly what you need to submit, how to do it, and what to expect.
| Permit / Registration | Required? | Cost | Issuing Agency | Where to Apply |
|---|---|---|---|---|
| Home Processor Exemption Registration | Required | Free | NYSDAM — Division of Food Safety & Inspection | Email form to FSI@agriculture.ny.gov or mail to Albany |
| Food Handler / Food Manager Certification | Not Required | Optional — ~$15–$25 online | Various accredited providers (ServSafe, FoodSafePal, etc.) | Not required by NYSDAM — may be useful for insurance or market applications |
| State Business License | Not Required | — | NY Dept. of State | New York has no general statewide business license requirement |
| Sales Tax Certificate of Authority | Varies by product | Free | NY Dept. of Taxation and Finance | tax.ny.gov — required if selling taxable items like candy and confections |
| DBA / Certificate of Assumed Name | If using a business name | $25 | NY Dept. of State | dos.ny.gov |
| Local / County Zoning or Business Permit | Varies by locality | Varies | Your local city or county office | Contact your local zoning board before starting — NYSDAM explicitly recommends this |
| Kitchen Inspection | Not Required | — | NYSDAM | Kitchens are reviewed on a complaint basis only — no proactive inspection at registration |
| Private Well Water Test | Required if on well water | ~$30–$80 | NY-certified lab | Submit results with registration; must show negative for Total Coliform and E. coli |
Before submitting anything, verify that every product you plan to sell is on NYSDAM's approved list. New York uses an approved-list model — if your product is not explicitly listed, it is not permitted. Review the official list at agriculture.ny.gov/food-safety/home-processing or visit our What You Can Sell page for a complete breakdown.
Common trap: Even if your product seems shelf-stable and low-risk, if it is not on the approved list — nut butters, hot sauce, pickles, kombucha — you cannot sell it under the exemption.
If your home is on a private well rather than municipal water, you must have your water tested for Total Coliform and E. coli by a certified laboratory. The test must show negative/absent results for both. You will submit the results along with your registration form. Without this, NYSDAM will not process your application if you are on a well.
Find a certified lab in New York at health.ny.gov. Testing typically costs $30–$80 and results take a few days to a week. If you are on municipal water, skip this step entirely.
Download the one-page Home Processor Registration Request form (Form FSI-898c) from NYSDAM:
Download Form FSI-898c (PDF) →
The form asks for: your name, home address, phone number, email/website (optional), and a list of the common or usual names of all non-potentially hazardous products you plan to make and sell. List every product type you intend to sell — you can add products later by submitting a supplemental registration, but you need this initial list to begin.
Tip: Be specific but use common product names. "Chocolate chip cookies," "strawberry jam," "granola bars," "caramel corn" — not broad categories like "baked goods."
You have two submission options — email is faster:
By email (recommended): Scan or photograph your completed form and email it to FSI@agriculture.ny.gov. Include your water test results in the same email if applicable.
By mail: Send to: NYS Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235.
There is no online portal for this submission — it is email or mail only. NYSDAM does not charge any fee at submission or any other time.
NYSDAM typically processes registrations in approximately two weeks. You will receive written confirmation of your registration. Do not begin selling until you have received your registration approval.
If you have questions about your application status or need to follow up, contact the Division of Food Safety and Inspection by phone at (518) 457-7139 or by email at FSI@agriculture.ny.gov.
NYSDAM explicitly states: "Be sure to consult with your local zoning officials for approval before commencing any home-based business." Most home-based food sellers in New York have no issues, but some municipalities — particularly in New York City and certain suburban communities — have home business or zoning rules that may apply.
Contact your city or county planning/zoning office. This is a quick call or online lookup and can save you from problems later. It is especially important if you plan to have customers pick up at your home, have any signage, or operate at a commercial scale.
Most shelf-stable packaged food sold by home processors is exempt from New York sales tax — including baked goods, jams and jellies, granola, crackers, and most dry goods sold in retail-like packaging for home consumption.
However, candy and confections are taxable in New York. If you sell fudge, brittle, caramel corn, toffee, or any candy product, you may need to collect and remit sales tax. Register for a free Certificate of Authority with the NY Dept. of Taxation and Finance at tax.ny.gov. When in doubt, contact the Department of Taxation and Finance directly to confirm the taxability of your specific products before your first sale.
Once registered, you can add new products at any time — for free. Simply submit another Home Processor Registration Request form, note at the top that it is a supplemental registration, and list only the new products you want to add. Your original registration remains in effect; the supplemental registration extends it to the new products.
Your registration is address-specific. If you move to a new home, you must re-register at your new address. Your old registration becomes void at the point of moving.
No — not at registration. NYSDAM does not conduct proactive kitchen inspections as part of the Home Processor Exemption registration process. Your kitchen is not inspected before approval, and there are no scheduled periodic inspections after registration.
Kitchens are reviewed on a complaint basis only. If a customer files a complaint about your product with NYSDAM, the Department may investigate and could include a kitchen review as part of that process. The best defense against complaints is following the approved product list closely, labeling correctly, and maintaining good food safety practices in your kitchen.
Note: commercial equipment is not considered ordinary kitchen facilities and is not permitted under the exemption. If you are using commercial-grade mixers, ovens, or processing equipment, that would put you outside the scope of the exemption even without an inspection.
Your Home Processor registration automatically becomes null and void if you: (1) make or sell foods not allowed under the exemption, (2) move to a new address without re-registering, or (3) obtain a Department of Health permit or NYSDAM Article 20-C license for any food business — at which point all food for commercial sale must be produced in that licensed facility.
New York's Home Processor Exemption is a state-level program. Local jurisdictions — counties, cities, and towns — may layer additional requirements on top of it. NYSDAM itself explicitly tells home processors to consult with local zoning officials before starting.
In most of New York State, local requirements are minimal or non-existent for small home food operations. However, New York City has historically had more complex interpretations of home business operations. Sellers in the five boroughs should contact their borough's Department of Buildings regarding zoning and the NYC Department of Health regarding any food service requirements that may apply in addition to the state registration.
If you are selling in New York City, the state Home Processor Exemption registration still applies — but NYC's own regulatory landscape adds complexity. Custom bakery items (wedding cakes, birthday cakes made to order) fall under the NYC Department of Health's jurisdiction rather than NYSDAM, regardless of state rules. Check with the NYC Health Department at nyc.gov/health and your local NYC zoning board if you plan to run a home food business in the city.
The Home Processor Exemption does not cover custom-order specialty bakery items made to a customer's specification — including wedding cakes, birthday cakes, and anniversary cakes made on commission. These items fall under the jurisdiction of the state, county, or local Department of Health, not NYSDAM. If you want to take custom cake orders, contact your local county health department for the applicable permit requirements and commercial kitchen rules.
Sales Tax Questions: NY Dept. of Taxation and Finance — tax.ny.gov
LLC Formation / DBA: NY Dept. of State — dos.ny.gov
Private Well Water Testing Lab Finder: NY Dept. of Health — health.ny.gov
NYC Food Business Questions: NYC Dept. of Health — nyc.gov/health
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