Albany County home food production operates under NY Home Processor Exemption (Agriculture and Markets Law Article 20-C, 1 NYCRR §276). Non-potentially-hazardous foods (baked goods, jams, candy, granola) may be sold directly without a commercial kitchen; registration with NYS Department of Agriculture and Markets is required.
New York operates under a Home Processor Exemption rather than a traditional cottage food law. Agriculture and Markets Law Article 20-C and 1 NYCRR §276 permit home-based food producers to manufacture and sell specific non-potentially-hazardous foods: baked goods (cookies, breads, pies without custard), jams/jellies, candy (excluding chocolate), snack mixes, dried herbs, and spice blends. Producers must register with NYS Ag & Markets Division of Food Safety & Inspection (no inspection fee for home processor) by completing Form FS-1069. Labels must include name, address, ingredients (including allergens under FDA FALCPA), and net weight. Unlike some states, NY has no revenue cap for home processors but restricts venue — sales must be direct to consumer via farmers markets (Capital Region Farmers Market, Delmar Farmers Market), retail outlets, roadside stands, or limited online with local delivery. Interstate and wholesale sales require full commercial licensing. Albany County municipalities may also require a home occupation permit under zoning (City of Albany Chapter 375 Article IX, Bethlehem Code §128-80).
Operating without registration: Ag & Markets cease-and-desist order, fines up to $1,000 per violation under AML §39. Selling prohibited foods (dairy-filled, meat): immediate shutdown and potential PHL violations. Labeling violations: warnings escalating to fines.
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