New York
New York’s law for home food processors comes with a number of restrictions, but for those who falls within the law’s requirements, it is fairly easy and inexpensive to start a home food business. Also, there are no sales limits for those selling under this law.
New York only allows homemade food to be sold at farmers markets, food stands, and other similar venues. Homemade food cannot be sold from home (or via delivery), online, or at stores/restaurants.
A number of food products are allowed to be sold, but New York has specific restrictions that other states do not have. For instance, it is the only state to allow candy without allowing chocolate or chocolate-dipped items. Fruit pies are allowed, but breads with fruit in them are not allowed.
New York City might not allow their residents to become cottage food operations.
Selling
The rules state that baked goods must be sold at “wholesale marketing or retail agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets“.
Even though selling over the internet is not allowed, you may use it to advertise your products.
New York City might not allow their residents to become CFOs (check with the Department of Agriculture).
Allowed Foods
Even though candy is allowed, chocolate (including products dipped in chocolate) is not allowed.
Making specialty items is not allowed (like custom-ordered cakes, cupcakes, or cookies).
Herbs, spices, and seasonings can only be made from commercially dried herbs and spices.
Only commercially processed nuts may be used. Raw nuts are not allowed.
Canned fruits and vegetables are not allowed.
To make pet food or pet treats, contact Cory Skier at [email protected]
FAQs from the ag department:
- Why are Fruit/Vegetable breads prohibited under this exemption? Fruit/Vegetable Breads often contain a high moisture content, which requires refrigeration.
- Why is tempering Chocolate for candy and/or dipping not allowed? Chocolate and chocolate-like products have been implicated in foodborne illnesses. Melting chocolate is not a thermal process (not a control step). Chocolate melts at very low temperatures.
- Why can’t I make certain items, such as peanut butter or items requiring refrigeration, from my home? Items where there are concerns for the product safety, including products where there is not a pathogen kill step, products which have been implicated in outbreaks, products considered Temperature Controlled for Safety or Potentially Hazardous Food, among others, are not allowed to be made in an unlicensed and uninspected facility.
Limitations
Business
You must submit a registration form to the Department of Agriculture and Markets.
If the water for your kitchen comes from a private well, it must be tested.
Labeling
Chocolate Chip Cookies
Forrager Cookie Company
123 Chewy Way, Cookietown, NY 73531
Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)
NET WT 2 lb 4 oz (1.02 kg)
If the home address is listed online or in a phone book, the street address does not need to be included on the label (the city, state, and zip code still need to be included).
Workplace
More information about food safety can be found here.
Resources
- Department
- Food Safety and Inspection
- [email protected]
- Address
- 10B Airline Drive
Albany, NY 12235
Comments
Beverley
hi there, I see that”homemade buttercream icing” is on the prohibited list. Is there any type of buttercream icing that would be allowed?
Ray d
Can you sell edible cookie dough not containing eggs??
Ian
Would beef jerky be allowed under this certification?
Jillian
Please check out the updates to the NY State laws as of 4/2018. They’ve done some deregulating and it’s good news for the industry.
Lauren
Jillian, Can you be more specific? What are the changes — looking into getting my cottage food permit. My cookies are more customized for people, what is my best bet?
Roberta Liolis
So even the allowed foods cannot be sold online or in stores. What if you rent space at a kitchen facility. Can you they sell online and in stores?
Jennifer
I suppose one can’t sell cooked oatmeal or onigiri then huh?
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tina
Hi I’m trying to sell dog treats at farm markets and online. I am having a company bake my treat. Do I still need liability insurance?
tina
How about dog cookies. Dose that fall under dog food?
Melissa See
Can you sell cookies with a small amount of alcohol as a flavoring in the frosting?