Everything you need to sell home-made food in New York — legally, confidently, and profitably. From the Hudson Valley to the Lower East Side, New York is one of the most seller-friendly states in the country.
New York operates its home food program under the Home Processor Exemption — governed by 1 CRR-NY 276.4 of the Agriculture & Markets regulations. Rather than passing cottage food legislation, New York's Department of Agriculture and Markets (NYSDAM) improved the program itself through rulemaking, most significantly in 2018 and 2020. Those expansions unlocked online sales, statewide wholesale, home delivery, and CSA subscriptions — giving New York one of the broadest selling footprints in the Northeast.
The most important thing to understand about New York is that it uses an approved list model — unlike most states, which list what you cannot sell, New York lists only what you can sell. If a product is not explicitly on the NYSDAM's approved list, it is not permitted under the exemption, regardless of how safe it seems. This list is reviewed and updated annually. The good news: the list covers dozens of baked goods, jams and jellies (high-acid fruits only), candy and confections (excluding all chocolate), granola, shelf-stable dry goods, and more.
New York has no annual sales cap — making it one of only a handful of states where home food sellers can grow their business without hitting an artificial ceiling. With over 8,000 registered home processors in New York and strong Greenmarket and farmers market infrastructure across the state, New York is one of the most commercially viable states in the country for cottage food entrepreneurs. All you need to start is a free registration with NYSDAM, which typically takes about two weeks to process.
No income cap, no permit fee, and wholesale allowed. New York home processors can sell directly to consumers, online, at farmers markets, AND wholesale to restaurants and grocery stores — all within New York State. This combination is rare and makes New York one of the strongest cottage food environments in the country for ambitious sellers.
The Chocolate Rule: New York is one of the only states that allows candy (toffees, caramels, hard candy, brittle) while explicitly prohibiting all chocolate and chocolate-dipped items. This includes chocolate bark, cocoa bombs, chocolate-covered pretzels, and anything dipped in candy melts. If your product involves melted or tempered chocolate in any form, it is not permitted under the Home Processor Exemption. This is a firm food safety rule — not a gray area.
| Category | New York Rule |
|---|---|
| Program name | Home Processor Exemption (Article 20-C exemption) |
| Governing statute | 1 CRR-NY 276.4 (Agriculture & Markets Regulations) |
| Governing agency | NY State Dept. of Agriculture and Markets (NYSDAM), Division of Food Safety and Inspection |
| Annual sales cap | None — unlimited |
| Registration required | Yes — free, one-page form, ~2 week approval |
| Registration fee | $0 — Free |
| Kitchen inspection | Not required — complaint basis only |
| Food handler cert | Not required |
| Allowed venues | Home, farmers markets, craft fairs, flea markets, CSAs, restaurants, retail stores, online |
| Online/internet sales | Yes — within New York State only |
| Wholesale (stores/restaurants) | Yes — within New York State only |
| Out-of-state shipping | Not permitted |
| Product model | Approved list — only products explicitly listed by NYSDAM are allowed |
| Commercial equipment | Not allowed — ordinary kitchen facilities only |
| Private well water | Water test required (Total Coliform and E. coli) — submit with registration |
Use these pages to understand exactly what you can sell, how to get registered, what to put on your labels, and how to build a real business in New York.
The complete approved product list — every food you can and cannot make under New York's Home Processor Exemption, organized by category.
Read Guide →Baked goods, jams, granola, candy, dry goods — what qualifies as shelf-stable, how to store and handle it, and where you can sell it in New York.
Read Guide →Foods that require temperature control for safety (TCS) and what New York's rules mean for prepared meal sellers — and what requires a commercial kitchen.
Read Guide →Kombucha, cold brew, juice, shrubs — New York prohibits all beverages under the cottage food exemption. Here's what that means and what options exist.
Read Guide →How to register as a home processor in New York, step-by-step — the one-page NYSDAM form, what to include, and how to add products to your registration.
Read Guide →Every required label element — product name, ingredients, net weight, allergens, your name and address, and the "Made in a Home Kitchen" statement.
Read Guide →Sole proprietor vs. LLC in New York, DBA registration, taxes, pricing your products, and finding customers at farmers markets and online.
Read Guide →Meat and poultry, dairy and cheese, alcohol, fermented foods, CBD edibles, and acidified foods — the separate licensing paths beyond cottage food.
Read Guide →Answer a few questions about your products and selling setup — get an instant compliance score and a personalized checklist for New York.
Create Free Account to Use This Tool →Create your free SellFood storefront, list your products, and reach buyers across New York State — from farmers markets to online orders.
Start Selling on SellFood →Free to join · No credit card required · List your first 3 products free