Are Home Bakeries Legal in New York

Posted by Damian Roberti on

Are Home Bakeries Legal in New York



Marketing Food Online participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. Our Blogs are for informational purposes only seek legal advice if needed.




 Are Home Bakeries Legal in New York
You might be eligible for a Home Processor Exemption if you intend to manufacture foods like certain baked products, jellies, or snack mixes in the comfort of your own home. Because of this, you will be able to cook food in your own kitchen for sale at agricultural farm locations, either on a wholesale or retail basis. You will not be required to get a license under Article 20-C.


Are Home Bakeries Legal in New York

You will be able to assess whether or not you are eligible to be a home processor by using the information on this website, as well as what the prerequisites are for registering as a home processor.

These guidelines, in general, are applicable to food processors used at home:

All of the goods are intended for use in the marketing of products at wholesale and/or retail levels, including agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets, as well as via home delivery or the internet.

All of the things have to be sold inside the boundaries of the state of New York, and they have to be pre-packaged and tagged in the seller's home. At an agricultural event (such a craft fair or a farmer's market, for example), the packaging of food products is not authorized.




Are Home Bakeries Legal in New York

Before starting any kind of home-based business, you need to make sure to get the okay from the people in charge of zoning in your area.

On product labels, the following information must be included by law: the product's common or usual name, a list of its ingredients in ascending order of predominance by weight, the net quantity of contents, the name of the processor, and their complete address. In the product's ingredient statement, each potential allergen—including eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, and wheat—must be specified in detail.


Are Home Bakeries Legal in New York
In addition to the label standards that are detailed below, we suggest that food processors include a phrase on their product's label that reads "Made at Home by XYZ," "Made in the Home Kitchen of XYZ," or "Made in a Home Kitchen," in addition to the label criteria that are listed below. This phrase has to have a font size that is at least 1/16 of an inch larger.
Foods Processed at Home That Have Been Given the OK

The exemption for home processor licenses is only available for foods for which there is no documented history of food-borne illness and for which the characteristics of the product make the likelihood of contracting an illness less likely.

Are Home Bakeries Legal in New York

This exemption is restricted to the following recognized non-potentially hazardous home processed foods in order to preserve public health and to reduce the likelihood of food product adulteration occurring.

It is forbidden to consume breads that contain either fruits or vegetables.
cinnamon rolls and/or regular rolls
Are Home Bakeries Legal in New York
There is to be no use of chocolate or candy melts in the topping.
Cake pops
There is to be no use of chocolate or candy melts in the topping.
Double-crust fruit pies

Products such as jams, jellies, and marmalades created from fruits having a high acid content and a low pH



Are Home Bakeries Legal in New York

the apple, the apricot, the blackberry, the blueberry, the cherry, the clementine, the cranberry, the currents, the elderberry, the grape, the grapefruit, the lemon, the lime, the nectarine, the orange, the peach, the pear, the pineapple, the plum, the raspberry, and the strawberry.

Repackaging and combining of dry spices and herbs purchased from a commercial source

Repackaging dry or dehydrated veggies.

Reformulating dry soup mixes for resale

Repackaging dried fruit

Recycling of dry pasta in new packaging

There is a ban on the production of pasta as well as drying it.

Repackaging dried baking mixes

Seasoning salt

Popcorn/caramel corn
Brittle made of peanuts
Sweets made using Rice Krispies
Granola and other types of trail mix (using commercially roasted nuts)



Are Home Bakeries Legal in New York

Granola Bars (using commercially roasted nuts)
Repackaging of sweets (excluding chocolate)
It is against the rules to allow chocolates or candies with a chocolate-like consistency to be melted or repackaged after being exposed.
Cones made of waffle dough and pizzelles
Apples dipped in toffee or caramel
It is forbidden to use candy melts.

Toffees, caramels, and other types of hard candy are included.

Chips made from vegetables
Including potato chips in the package




Are Home Bakeries Legal in New York

Are Home Bakeries Legal in New York
It is against the rules for a home processor to create any finished food product that needs to be refrigerated once it has been created.
Foods That Are Not Allowed

It is not permissible for an unlicensed and uninspected facility to produce items for which there are genuine concerns regarding food safety. These include products for which there is no pathogen kill step, products that have been linked to outbreaks, products that are considered Temperature Controlled for Safety (TCS), or potentially hazardous foods.

The following are some examples of products that are restricted, however the list is not exhaustive:

a homemade buttercream or cream cheese icing that includes dairy products or eggs.

baked goods that include fruit or vegetable components
Products that contain alcoholic beverages

Products that require no baking (all products must be baked to ensure product stability)
Pickles, relishes, or sauerkraut
Sauces, salsas, marinades, mustards, ketchups
Pepper jellies, wine jellies, vegetable jellies, flower jellies, chutneys, fruit syrups
Fruits and vegetables that have been cooked or preserved in a can.
Vegetable oils, mixed oils, salad dressings
Desserts such as cheesecake, cream pies, cream filled pastries, and meringue pies

Chocolate, candy melt, or almond bark that has been heated and can be used for dipping, coating, or drizzling (for example, cocoa bombs, chocolate candy, fruits covered in chocolate or candy melt, etc.)

Are Home Bakeries Legal in New York

Products of any kind that include uncooked nuts
Cream cheese, yogurt, butter, and other fluid and solid dairy products
Products made from meat, fish, or poultry
The beans of roasted coffee.
Nut butters
Freezedried foods

Are Home Bakeries Legal in New York



Fudge/caramel sauces
Questions That Are Typically Asked

What are the steps involved in submitting the Home Processor Registration Request?

A: The Home Processor Registration Request should be emailed to or mailed to the New York State Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, New York 12235. Both of these addresses can be found on the Department of Agriculture and Markets website.

A local business has asked if they can buy my home-processed foods; can I do that?

A: The answer to your question is yes; as a Home Processor, you have the legal right to sell your products at a wholesale price to local businesses (such as restaurants, cafes, and grocery shops) who are interested in stocking them. You will be responsible for manufacturing the items, as well as packaging and labeling them. These goods are restricted to being sold to establishments located inside the state of New York.

A: My application to be a Home Processor was previously accepted; however, I have since moved. What action should I take?

A: Home Processor registrations are only available in certain geographic areas. Please provide our office with a new Home Processor Registration Request as well as a water test (this is only necessary for private water supply).

A: The state of New York has recognized me as an authorized home processor. How can I add more products to the list of products that have been approved?

A: Please submit another registration request, and take notice that this registration is additional to the previous one.

Do I really need to get an inspection for my kitchen?

A. Kitchens are only inspected in response to customer complaints.

A common question: "Can I get a website?"

A. Yes. Only residents of New York State are permitted to make purchases via the internet. It is against the law to ship merchandise to customers in other states.

Are Home Bakeries Legal in New York

Can products be sold in neighboring states?

A. No, any goods that have been processed at home are required to be sold within the state of New York.

My question is: Do I need to include my home address on the label?

A. Yes. Included in the description of the place of business must be the street address or PO Box number, as well as the city, state, and ZIP code.

If you qualify for this exemption, then why are fruit and veggie breads not allowed?

A. Fruit and vegetable breads have a higher moisture content than other types of bread, which means they need to be refrigerated. As a registered home processor, you are not permitted to work with refrigerated items.

Why is it not allowed to temper or melt chocolate in order to use it for sweets and/or dipping?

A. Chocolate and goods that are very similar to chocolate have been linked to many food-borne disorders. The method of melting chocolate does not use heat (no control step). At extremely cold temperatures, chocolate will melt.

When applying for this exemption, why are raw nuts not allowed to be purchased?

Are Home Bakeries Legal in New York

A. The consumption of raw nuts is prohibited since there is no quality assurance step that can be performed on raw products. There is evidence that raw nuts can cause foodborne disease (i.e. salmonella). Processors that want to employ nuts in their goods are required to use nuts that have been professionally processed, which can mean that the nuts have been roasted or otherwise heated.

A common question people ask is, "Am I obligated to have liability insurance?"

A. Obtaining insurance is not required of you by the Department in any way. To address the problems and dangers associated with product liability, you should speak with an attorney or an insurance specialist.

May I receive an exemption from having to get a home processor license in order to manufacture products that I can then sell in my shop or restaurant?

A. No, the exemption for a home processor license is not available to anyone who already possesses a permit issued by the Department of Health or a license issued by the Department of Agriculture and Markets. When a license or permission is held, it is required that all foods that are offered for sale in a commercial setting be produced at the facility that holds the license or permit.

Is it possible to bring in commercial equipment?

A. No, the equipment used in commercial kitchens is not included in the definition of "ordinary kitchen facilities.""

What happens if I have my own private water supply, such as a well?

A. Before you can be registered as a home processor, you are required to have a water test analysis performed for Coliform if you are on a private water system (well), and you must include a copy of the test results with your application. If you are on a public water system, you are exempt from this requirement.

If I sell things that I have processed at home, do I need to collect sales tax?

A: For information regarding the requirements for the sales tax, please get in touch with the Department of Taxation and Finance.

 Are Home Bakeries Legal in New York