New York uses an approved list model — only products explicitly listed by the NY Department of Agriculture and Markets are allowed. Here's the complete list, organized by category, so you know exactly where you stand before your first sale.
New York is different from most states. Instead of listing what you cannot sell, New York lists only what you can sell. If your product doesn't appear on the NYSDAM's approved list, it is not permitted under the Home Processor Exemption — regardless of how shelf-stable or low-risk it seems. The Department reviews and updates this list annually based on scientific literature and food safety data.
The approved list model exists because New York's program exempts home processors from full food processing licensing. In exchange, the Department pre-vetted every product category for food safety risk. Products on the list are those with no history of foodborne illness in a home-production context and where the nature of the product makes illness unlikely.
The practical result: New York's approved list is more restrictive than most states on some products (no chocolate, no hot sauce, no pickles), but the trade-off is a genuinely powerful selling environment — no revenue cap, online sales, and statewide wholesale. Read the three columns below carefully, then see the detailed category breakdowns.
Clearly allowed, no conditions
Allowed with specific conditions
Not permitted under the exemption
Source: NY State Department of Agriculture and Markets — agriculture.ny.gov/food-safety/home-processing. The Department updates this list annually.
New York's approved list is built around a single principle: every permitted product must have no thermal kill step issue and no history of foodborne illness in home-production settings. The NYSDAM restricts products where inadequate processing at home has historically caused harm — not products that are inherently dangerous.
Chocolate and chocolate-like products have been implicated in foodborne illness outbreaks. Melting chocolate is not a thermal kill step — chocolate melts at low temperatures (around 90°F / 32°C), well below any temperature that destroys pathogens. Because there is no control step when tempering or melting chocolate at home, all chocolate-dipped, chocolate-coated, and chocolate-containing products are prohibited. This covers cocoa bombs, chocolate bark, chocolate-dipped pretzels, and anything using candy melts or almond bark as a coating. This rule is unique to New York among all US states.
Raw nuts are prohibited in all home-processed products because there is no control step with raw products — raw nuts have been linked to salmonella outbreaks. If you want to use nuts in your granola, brittle, or trail mix, you must purchase commercially roasted (or otherwise heat-treated) nuts. You cannot roast raw nuts in your home kitchen and use them in a product for sale.
Breads containing vegetables (banana bread, zucchini bread, carrot bread) are prohibited because vegetable breads demonstrate higher moisture content, which typically requires refrigeration. Any product requiring refrigeration is prohibited under the Home Processor Exemption. High-acid fruits (berries, citrus, stone fruits) are permitted because their acidity inhibits pathogen growth and does not create a refrigeration requirement.
Many dry goods categories — spices, dried fruit, coffee, pasta, baking mixes — are permitted, but only as repackaging of commercially processed ingredients. This means you can buy commercially dried herbs, blend them into your own spice mix, and sell that. You cannot dehydrate fresh herbs at home and sell them. You cannot roast raw coffee beans. You cannot make and dry your own pasta. The commercial processing step is the required safety control.
Only jams, jellies, and marmalades made from high-acid, low-pH fruits are permitted. These are: apple, apricot, blackberry, blueberry, cherry, clementine, cranberry, currants, elderberry, grape, grapefruit, lemon, lime, nectarine, orange, peach, pear, pineapple, plum, raspberry, rhubarb, and strawberry. The acidity of these fruits provides natural preservation without refrigeration. Pepper jelly, wine jelly, vegetable jelly, flower jelly, chutneys, fruit syrups, and simple syrups are all prohibited because they involve low-acid ingredients or require different processing to be shelf-stable.
A TCS food (Temperature Control for Safety) is any food that requires refrigeration or temperature monitoring to prevent pathogen growth. In New York, any finished product that requires refrigeration is automatically prohibited from being produced as a home processor. This is the single most important rule for understanding what you can and cannot make.
TCS foods include anything containing cooked vegetables, dairy, meat, fish, eggs (in non-baked form), or garlic-in-oil mixtures. This is why homemade buttercream frosting containing butter or eggs is prohibited, while a shortening-and-sugar frosting is allowed. It is why cream pies are prohibited but double-crust fruit pies are fine. It is why cheesecake is prohibited but plain cake is permitted.
When in doubt: if your product needs to be kept cold, it is not eligible for the Home Processor Exemption. Visit the Prepared Meals & TCS Foods guide for a deeper explanation and your options if you want to sell TCS products in New York.
Not sure if your specific product qualifies in New York? Enter your product type and ingredients and get an instant eligibility assessment.
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