Yes, selling homemade food in New York is legal under specific conditions, primarily through the Cottage Food Operations exemption. The New York State Department of Health permits non-perishable foods like baked goods, jams, and honey to be sold without a commercial kitchen license, provided they meet labeling and sales venue restrictions. However, local health departments—such as NYC’s Department of Health and Mental Hygiene—may impose additional constraints, including zoning or venue-specific bans. The 2026 updates to the state’s food safety regulations further clarify that cottage foods cannot be sold at wholesale or online without a licensed facility.
Key Regulations for Selling Homemade Food in New York
- Permitted Foods Only: Only non-potentially hazardous foods (e.g., bread, cookies, dried herbs) are exempt. Perishable items, including refrigerated desserts or meats, require a licensed kitchen under NYCRR Title 10.
- Labeling Mandates: All cottage food products must include the producer’s name/address, ingredients, allergens, net weight, and the statement: “Made in a Cottage Food Operation That Is Not Subject to New York’s Retail Food Store Regulations.”
- Sales Restrictions: Direct-to-consumer sales are permitted at farmers’ markets, roadside stands, or online (with delivery limited to NY). Wholesale distribution or sales in unapproved venues (e.g., restaurants) violate state regulations. NYC additionally prohibits sales in certain zoning districts without a permit.