NY Home Processor Exemption (20 NYCRR §276) permits home-baked non-hazardous foods without commercial kitchen. No revenue cap but sales must be direct-to-consumer. NYS Dept of Ag & Markets registration required; $400 annual fee for commercial operations exempt.
NY Agriculture and Markets Law and 20 NYCRR Part 276 establish the Home Processor Exemption — allows home production of non-potentially hazardous foods (baked goods, candies, jams, jellies, fruit pies, dried herbs, popcorn) for direct sale without a licensed commercial kitchen. Registration with NYS Ag & Markets required (Division of Food Safety and Inspection). Labels must include producer name/address, ingredients, allergens, net weight, and "Made in a home kitchen that has not been subject to state inspection." Unlike many states, NY has no revenue cap on home processor exemption. Sales allowed at farmers markets, roadside stands, direct delivery, and mail order within NY. Potentially hazardous foods (meat, dairy, cooked pumpkin, refrigerated items) require commercial licensed kitchen.
Unregistered home processing: cease and desist, fines $100-$500. Labeling violations: warnings then citation. PHF sales without license: potential misdemeanor.
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