Queens home kitchens can sell only non-hazardous baked goods, jams, and dry mixes under the NYS Ag and Markets Article 20-C Home Processor Exemption, after inspection and proper home-kitchen labeling.
New York has no classic cottage-food law. Instead, New York State Department of Agriculture and Markets administers a Home Processor Exemption under Article 20-C of the Agriculture and Markets Law that allows specific low-risk foods to be prepared in a home kitchen for retail sale. Permitted products include baked goods that do not require refrigeration (cookies, breads, brownies), certain candies, jams and jellies prepared from approved recipes, snack items such as popcorn or granola, dried herbs, and certain acidified foods when processed under a scheduled process. Products that require time or temperature control for safety, such as cream pies, cheesecakes, custards, meat products, and most dairy, are not eligible. Operators must submit a Home Processor Exemption application to Ag and Markets, pass an inspection of the residential kitchen, and label every product with the name and address of the operator, the product name, ingredients in descending order by weight, net weight, and the statement that the product was made in a home kitchen that is not subject to state inspection. Queens operators must also comply with NYC Health Code Article 81 when products are sold at farmers markets, and with DCWP general business licensing if retail sales occur from the dwelling. Sales that exceed the incidental accessory-use threshold push the activity into a full commercial food-preparation use that is not permitted as a home occupation under ZR 12-10.
Contact your local code enforcement office for specific penalty information.
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