New York State allows limited home food production under the Home Processor Exemption. NYC Health Code Article 81 adds oversight. Sales are restricted to non-hazardous baked goods and similar items.
New York State operates one of the more restrictive cottage food frameworks in the country through the Home Processor Exemption administered by the NY Department of Agriculture and Markets, and New York County (Manhattan) operators must also comply with NYC Health Code Article 81. Eligible foods are limited to non-potentially-hazardous items such as baked goods that do not require refrigeration, jams and jellies made from high-acid fruits, candy, snack mixes, and some dried herbs. Dairy, meat, low-acid canned goods, and refrigerated items are prohibited. Operators must register with NY Ag and Markets, maintain a sanitary home kitchen, and label products with the producer name, address, ingredients, and a statement that the product was made in a home kitchen not subject to state inspection. Sales are generally limited to direct-to-consumer venues such as farmers markets, roadside stands, and some online sales. Wholesale and retail store sales are prohibited. Contact NY Ag and Markets and the NYC Department of Health before starting.
Contact your local code enforcement office for specific penalty information.
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