New York Agriculture and Markets Article 20-C governs home-processed foods. Suffolk County residents can sell low-risk shelf-stable foods (baked goods, jams, granola, dry mixes) under the Home Processor Exemption without a commercial kitchen, subject to kitchen inspection by NY Ag and Markets and labeling requirements. Acidified, canned, and refrigerated foods are excluded.
Under 1 NYCRR Part 276 and Ag and Markets Law Article 20-C, home processors must apply for a free Home Processor Exemption, list only approved food categories, and allow kitchen inspection by Department of Agriculture inspectors. Permitted foods include breads, cookies, candies that do not require refrigeration, jams and jellies with approved pH, spice mixes, snack mixes, and some fermented products. Sales are allowed direct-to-consumer at farmers markets, online, and in person; wholesale is prohibited. Suffolk County Department of Health Services has no separate cottage-food permit but enforces food-safety complaints.
Selling non-exempt foods from home kitchen: NY Ag and Markets seize-and-embargo orders, $500-$5,000 fines. Unlabeled products: $100-$500 per batch. Selling wholesale: loss of exemption.
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See how Suffolk County's cottage food operations rules stack up against other locations.
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