A Guide to Becoming a Home Processor in New York State
Are you passionate about creating delicious homemade foods and dream of sharing them with others? If you're considering selling your baked goods, jellies, or snack mixes, you may qualify for a Home Processor Exemption in New York State. This exemption allows you to prepare food in your own kitchen for wholesale or retail sale at agricultural farm venues, without the need for an Article 20-C license. In this blog, we will provide an overview of the Home Processor Exemption and guide you through the registration process.
Can I sell food from my home in NY?
Determining Eligibility
Before diving into the registration process, it's essential to determine whether you qualify as a home processor. Here are some key points to consider:
- Marketing Channels: As a home processor, you can sell your products at wholesale and/or retail through various channels, including agricultural venues like farms, farm stands, farmers markets, green markets, craft fairs, flea markets, home delivery, or via the internet.
- Packaging and Labeling: All items must be sold within New York State and must be pre-packaged in your home. Proper labeling is crucial, including the common/usual name of the product, ingredient list in predominance by weight, net quantity of contents, your name as the processor, and your full address. Allergens must be clearly identified.
- Local Zoning Approval: Before starting your home-based business, consult with your local zoning officials to ensure compliance and obtain necessary approvals.
Accurate labeling is essential for consumer transparency and safety. Here are the key elements your product labels should include:
- Product Information: The label should state the common/usual name of the product, along with a comprehensive ingredient list in order of predominance by weight.
- Net Weight: Clearly indicate the net weight or quantity of the contents.
- Processor Details: Include your name as the processor and your complete address.
- Allergen Identification: Allergens such as eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, and wheat must be clearly identified in the product ingredient statement.
- Additional Phrase: It's recommended to include a phrase like "Made at Home by XYZ" or "Made in the Home Kitchen of XYZ" on the label. The font size for this phrase should be 1/16th inch or larger.
A Guide to Becoming a Home Processor in New York State
Approved Home Processed Foods
The Home Processor Exemption allows for the production of specific non-potentially hazardous home processed foods. The following food items are approved under this exemption:
- Breads (excluding those with fruits and/or vegetables)
- Rolls and/or cinnamon rolls
- Biscuits
- Bagels
- Muffins
- Doughnuts
- Cookies
- Baklava
- Biscotti
- Cakes
- Cake pops
- Cupcakes
- Brownies
- Double-crust fruit pies
- Scones
- Fruit jams, jellies, and marmalades made with high acid/low pH fruits
- Repackaging of commercially dried spices, herbs, vegetables, soup mixes, fruit, pasta, and baking mixes
- Seasoning salt
- Fudge
- Popcorn/caramel corn
- Peanut brittle
- Rice Krispies treats
- Granola and trail mix (using commercially roasted nuts)
- Granola bars (using commercially roasted nuts)
- Repacking candy (excluding chocolate)
- Waffle cones and Pizzelle
- Toffee/caramel apples
- Confections (toffees, caramels, hard candies)
- Vegetable chips
- Crackers
- Pretzels
Prohibited Foods
To ensure public health and prevent foodborne illnesses, certain food items are prohibited under the Home Processor Exemption. These include:
- Homemade buttercream/cream cheese frosting containing dairy or eggs
- Breads containing fruits or vegetables
- Products containing alcohol
- "No-bake" products (all products must be baked for stability)
- Pickles, relishes, or sauerkraut
- Sauces, salsas, marinades, mustards, ketchups
- Pepper jellies, wine jellies, vegetable jellies, flower jellies, chutneys, fruit syrups
- Cooked or canned fruits or vegetables
- Vegetable oils, blended oils, salad dressings
- Cheesecake, cream-filled pastries, cream pies, meringue pies
- Tempered chocolate/candy melt/almond bark for dipping/coating/drizzling
- Products containing raw nuts (only commercially processed nuts allowed)
- Cheese, yogurt, fluid dairy products, butters
- Meat, fish, or poultry products
- Beverages
- Roasted coffee beans
- Nut butters
- Freeze-dried foods
- Compotes
- Spreads
- Quiche
- Fudge/caramel sauces
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Frequently Asked Questions
Here are some common questions and answers regarding the Home Processor Exemption:
How do I submit the Home Processor Registration Request? The registration request can be submitted via email or mail to the New York State Department of Agriculture and Markets.
Can I sell my Home Processed goods to local establishments? Yes, as a Home Processor, you can sell your items wholesale to local facilities like restaurants, cafes, and grocery stores within New York State.
What if I need to add more products to my approved list? You can submit a supplemental registration request to add additional products to your approved list.
Do I need to have my kitchen inspected? Kitchens are reviewed on a complaint basis only.
Can I have a website and engage in interstate sales? You can have a website and sell your products online, but interstate sales are not permitted. Your sales should be limited to within New York State.
A Guide to Becoming a Home Processor in New York State
Conclusion
Becoming a Home Processor in New York State can be an exciting opportunity to share your culinary creations with others. By understanding the exemption requirements, adhering to labeling guidelines, and producing approved foods, you can embark on your home-based food business journey. Remember to consult the official registration process and guidelines provided by the New York State Department of Agriculture and Markets for accurate and up-to-date information.