New York State allows home processing of certain non-potentially hazardous foods under Article 20-C of the Agriculture and Markets Law. NYC residents may sell homemade baked goods, jams, and candies at farmers markets and directly to consumers without a commercial kitchen. Annual sales are capped at $75,000 (increased from $50,000 in 2022).
Under NY Agriculture and Markets Law Article 20-C (Home Processor Exemption), NYC residents may produce and sell certain foods from their home kitchens without a food processing license. Allowed products include baked goods, candies, jams, jellies, preserves, dried herbs, and other non-potentially hazardous foods. Sales must be direct to the end consumer — wholesale to stores is not permitted unless separately licensed. Home processors must label products with name, address, ingredient list, and 'Made in a home kitchen' disclaimer. Annual gross sales cannot exceed $75,000. NYC DOHMH does not separately license home processors operating under the state exemption, but selling at NYC greenmarkets requires compliance with GrowNYC vendor rules. Operating a full commercial food business from a residential unit may violate the NYC Zoning Resolution's home occupation rules. Potentially hazardous foods (requiring refrigeration) are not eligible for the home processor exemption.
Exceeding the $75,000 sales cap requires a commercial food processing license. Selling potentially hazardous foods without a license: DOHMH violations of $200–$2,000. Operating a commercial food business from a residence in violation of zoning: DOB violations.
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