warebythe new york cottage food law, in plain english
what you can sell from your home kitchen in new york, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6good to know7questions8sourcesyes, you can sell homemade food from your kitchen in new york if you register as a home processor with the new york state department of agriculture and markets. registration is free and doesn’t expire, there’s no training requirement or sales cap, and your kitchen is only checked if someone complains. you can sell approved shelf-stable foods like breads, cookies, cakes and fruit jams from home, at markets, online and to local shops, as long as every sale stays in new york. foods that need refrigeration, like cheesecake, and homemade buttercream aren’t allowed.
new york cottage food rules at a glance
| the law | new york home processor exemption (1 nycrr section 276.4 (home processing exemption from agriculture and markets law article 20-c licensing)) |
|---|---|
| who runs it | new york state department of agriculture and markets, division of food safety and inspection |
| registration | yes home processor registration (free) |
| kitchen inspection | no |
| training | no |
| yearly sales cap | no sales cap |
| selling from your home | yes |
| selling at farmers markets and events | yesfarmers markets, farm stands, craft fairs and flea markets; package and label everything at home first |
| selling online orders | yesonline sales are allowed to buyers in new york only |
| selling delivering it yourself | yeshome delivery is allowed; the state doesn’t say who has to deliver |
| selling shipping within the state | yesthe state allows all modes of delivery within new york and only bans shipping out of state |
| selling shipping to other states | no |
| selling to stores, cafes and restaurants | yesyou can sell to restaurants, cafes and grocery stores in new york, but not to supply a store or restaurant you own |
what can you sell from home in new york?
you can sell
- breads, rolls, bagels and muffins
- cookies, brownies, cakes and cupcakes
- double-crust fruit pies
- fruit jams, jellies and marmalades made with high-acid fruit
- fudge, toffee and other candy
- popcorn, granola and trail mix (with commercially roasted nuts)
- crackers, pretzels and vegetable chips
you can’t sell
- anything that needs refrigeration, like cheesecake or cream pies
- homemade buttercream or cream cheese frosting
- zucchini bread and other vegetable breads
- pickles, sauces and canned fruits or vegetables
- meat, fish, poultry, cheese or dairy
- raw nuts and nut butters
- chocolate you temper or melt for dipping
these are examples, not the full list. check the new york state department of agriculture and markets, division of food safety and inspection before you sell something new.
how do you start a cottage food business in new york?
- register: a home processor registration from the new york state department of agriculture and markets, division of food safety and inspection. it’s free. start here.
- label everything the way the law asks (below).
- start selling in the ways new york allows, and keep track of your sales if there’s a cap.
where and how can you sell in new york?
| from your home | yes |
|---|---|
| at farmers markets and events | yesfarmers markets, farm stands, craft fairs and flea markets; package and label everything at home first |
| online orders | yesonline sales are allowed to buyers in new york only |
| delivering it yourself | yeshome delivery is allowed; the state doesn’t say who has to deliver |
| shipping within the state | yesthe state allows all modes of delivery within new york and only bans shipping out of state |
| shipping to other states | no |
| to stores, cafes and restaurants | yesyou can sell to restaurants, cafes and grocery stores in new york, but not to supply a store or restaurant you own |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in new york?
the label also needs:
- the food’s common name
- ingredients in order by weight, with allergens identified
- net quantity
- your name and full address (street or po box, city, state and zip)
what else should you know in new york?
- the state says reviews can take up to 16 weeks; you need a new registration if you move and a supplemental one to add products.
- if your home uses a private well, include a lab water test for coliform bacteria with your application.
- the state recommends adding a line like “made in the home kitchen of (your name)” to your label, in type at least 1/16 inch tall.
- check local zoning before you start, and ask the department of taxation and finance whether you need to collect sales tax.
- pet treats: you can make pet food and treats at home, but they need a separate registration with the department.
questions people ask
do i need a license to sell baked goods from home in new york?
yes. you need a home processor registration from the new york state department of agriculture and markets, division of food safety and inspection. it’s free.
can i sell cottage food online in new york?
yes. online sales are allowed to buyers in new york only.
can i ship cottage food in new york?
yes, within new york: the state allows all modes of delivery within new york and only bans shipping out of state. you can’t ship to other states.
how much can i sell from home in new york?
there’s no yearly sales cap.
can i sell to stores or coffee shops in new york?
yes. you can sell to restaurants, cafes and grocery stores in new york, but not to supply a store or restaurant you own.
what can’t i sell from home in new york?
the usual no’s: anything that needs refrigeration, like cheesecake or cream pies, homemade buttercream or cream cheese frosting, zucchini bread and other vegetable breads, pickles, sauces and canned fruits or vegetables, meat, fish, poultry, cheese or dairy. check with the new york state department of agriculture and markets, division of food safety and inspection before you sell something new.
sources
- new york state department of agriculture and markets: home processing
- new york state department of agriculture and markets: home processor registration request (fsi-898c)
- new york state department of agriculture and markets: april 30, 2018 announcement on online sales
- new york state senate: agriculture and markets law article 20-c
- forrager: 2026 cottage food bills
this is general information to help you get started, not legal advice. we checked it against new york’s own pages on october 14, 2026, and laws change, so confirm with the new york state department of agriculture and markets, division of food safety and inspection (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story