Home Processing

If you plan to make foods such as certain baked goods, jellies, or snack mixes, you may qualify for a Home Processor Exemption. This will allow you to prepare food in your home kitchen for wholesale or retail sale at agricultural farm venues. You will be exempt from Article 20-C licensing.

The information on this page will help you to determine whether or not you qualify as a home processor, and what the requirements are for registration.

In general, these rules apply to home processors:

• All items are for marketing products at wholesale and/or retail, including agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets, via home delivery, or via the internet.
• All items must be sold within New York State and must be pre-packaged in the home and properly labeled. Packaging of food items at an agricultural event (craft fair, farmers' market, etc.) is not permitted.
• If you are on a private well, a copy of the potability test results showing negative/absent results, performed by a certified lab, for Total Coliform and E. Coli must be submitted with the application. 

Be sure to consult with your local zoning officials for approval before commencing any home-based business.

Product labels are required to contain the following information: common/usual name of the product, ingredient list in predominance by weight, net quantity of contents, processor name, and full address. All allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame) must be clearly identified in the product ingredient statement.

Home processors should add a phrase like “Made at Home by XYZ,” or “Made in the Home Kitchen of XYZ,” or “Made in a Home Kitchen,” to their label in addition to the label requirements outlined below. The font size for this phrase should be 1/16^th inch or larger.

Example

The Home Processing licensing exemption is allowed under Agriculture & Markets Regulation- 1 CRR-NY 276.4. Its intent is to allow certain types of food processing to be conducted without having to comply with the licensing requirement if the Department determines that the protection of the consumers of the state as a whole will not be impaired. To ensure this provision is met, production limitations are established related to types of food handled, the types of processing involved, or for other food safety concerns.

In order to protect public health and to minimize the potential of food product adulteration, this exemption is restricted to the following approved non-potentially hazardous home processed foods.

• Breads
  • May contain high acid fruits, commercially dried fruits and/or commercially dried herbs. Vegetables are prohibited.
• Rolls and/or cinnamon rolls
• Biscuits
  • May contain high acid fruits, commercially dried fruits and/or commercially dried herbs. Vegetables are prohibited.
• Bagels
  • May contain high acid fruits, commercially dried fruits and/or commercially dried herbs. Vegetables are prohibited.
• Muffins
  • May contain high acid fruits, commercially dried fruits and/or commercially dried herbs. Vegetables are prohibited.
• Doughnuts
  • No cream fillings
• Cookies
• Baklava
• Biscotti
  • No chocolate or candy melts allowed for topping
• Cakes
  • No homemade buttercream or cream cheese frostings
• Cake pops
  • No chocolate or candy melts allowed for topping
• Cupcakes
  • No homemade buttercream or cream cheese frostings
• Brownies
• Double-crust fruit pies
  • Single crust, custard, nut, meat and/or refrigeration required pies are prohibited.
• Scones
  • May contain high acid fruits, commercially dried fruits and/or commercially dried herbs. Vegetables are prohibited.
• Fruit jams, jellies, and marmalades made with high acid/low pH fruits
  • i.e. Apple, apricot, blackberry, blueberry, cherry, clementine, cranberry, currents, elderberry, grape, grapefruit, lemon, lime, nectarine, orange, peach, pear, pineapple, plum, raspberry, rhubarb and strawberry
• Repacking/blending of commercially dried spices or herbs
• Repackaging dried or dehydrated vegetables
  • Drying of herbs is prohibited
• Repackaging dried soup mixes
• Repackaging roasted coffee beans or grounds
  • Roasting or grinding of beans is prohibited.
• Repackaging dried fruit
  • Drying of fruits is prohibited
• Repackaging of dried pasta
  • The manufacturing and drying of pasta are prohibited
• Repackaging dry baking mixes
• Seasoning salt
• Fudge
• Popcorn/caramel corn
  • No chocolate or candy melts allowed for topping
• Peanut brittle (using commercially roasted nuts)
• Rice Krispies treats
  • No chocolate or candy melts allowed for topping
• Granola and trail mix (using commercially roasted nuts)
• Granola Bars (using commercially roasted nuts)
• Repacking candy (excluding chocolate)
  • Melting and/or repacking of exposed chocolates or chocolate-like candies is prohibited
• Waffle cones and Pizzelle
  • No chocolate or candy melts allowed for topping
• Toffee/caramel apples
  • Chocolate or candy melts are prohibited
• Sugar confections
  • Includes toffees, caramels, hard candies
• Vegetable chips-thinly sliced and deep fried/baked/air fried until crispy.
  • Includes potato chips
• Crackers
• Pretzels
  • No chocolate or candy melts allowed for topping

Any finished food product that requires refrigeration is prohibited from being produced as a Home Processor. 

Pet foods and pet treats can be made from the home, but require a separate registration. Learn more about manufacturing and distributing pet foods.

Items where there are legitimate food safety concerns, including products where there is no pathogen kill step, products which have been implicated in outbreaks, products considered Temperature Controlled for Safety (TCS), or potentially hazardous food, among others, are prohibited from being made in an unlicensed and uninspected facility.

Some examples of prohibited items include, but are not limited to:

• Homemade buttercream/cream cheese frosting containing dairy or eggs
• Breads containing vegetables
• Products containing alcohol
• “No-bake” products (all products must be baked to ensure product stability)
• Pickles, relishes, jalapenos or sauerkraut
• Sauces, salsas, marinades, mustards, ketchups, vinegars
• Pepper jellies, wine jellies, vegetable jellies, flower jellies, chutneys, fruit syrups, simple 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 (i.e. cocoa bombs, chocolate candy, chocolate/candy melt covered fruits, etc.)
• Any products containing raw nuts
• Cheese, yogurt, fluid dairy products, butters
• Meat, fish, or poultry products
• Beverages
• Roasting/grinding coffee beans
• Nut butters
• Freeze-dried foods
• Compotes
• Spreads
• Quiche
• Fudge/caramel sauces

Pet foods and pet treats can be made from the home, but require a separate registration. Learn more about manufacturing and distributing pet foods.

• Q: How do I submit the Home Processor Registration Request?
  • A: The Home Processor Registration Request can be submitted via email to: [email protected] or through the mail to the New York State Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, New York 12235.
• Q: Can I sell my Home Processed goods to a local establishment?
  • A: Yes, as a Home Processor you are allowed to sell your items wholesale to local facilities (restaurants, cafes, grocery stores, etc.) that wish to carry them. You will need to manufacture, package, and label the items accordingly. These products can only be sold to facilities within New York State.
• Q: I was previously approved to be a Home Processor, but I have moved. What should I do?
  • A: Home Processor registrations are location specific. Please submit a new Home Processor Registration Request and water test (for private water supplies only) to our office.
• Q: I am an approved Home Processor with New York State. How do I add more products to my list of approved products or change my trade name, phone number, etc.?
  • A: Please complete another registration request and note that this request is a supplemental registration.
• Q. Do I need to have my kitchen inspected?
  • A. Kitchens are reviewed on a complaint basis only.
• Q. Can I have a website?
  • A. Yes. Internet sales are allowed within New York State only. Shipping products out of state is not permitted.
• Q. Are interstate sales allowed?
  • A. No, all home processed foods must be sold within New York State.
• Q. Do I have to put my home address on the label?
  • A. Yes. The place of business shall include the street address or PO Box, city, state, and ZIP code.
• Q. If homemade buttercream or cream cheese frostings are not approved, what frostings can I make?
  • A. You may produce a frosting that is a non-refrigeration required product and does not contain butter, eggs, cream, or cream cheese but rather is solely composed of shelf stable non-perishable ingredients such as shortening, sugar and commercially produced meringue powder. Or you can use commercially purchased frostings.
• Q. Why are vegetable breads prohibited under this exemption?
  • A. Vegetable breads generally demonstrate a higher moisture content which requires refrigeration. Refrigerated products are prohibited as a registered home processor.
• Q. Why is tempering/melting chocolate for candy and/or dipping not prohibited?
  • A. Chocolate and chocolate-like products have been implicated in food borne illnesses. Melting chocolate is not a thermal process (no control step). Chocolate melts at very low temperatures.
• Q. Why are raw nuts prohibited under this exemption?
  • A. The use of raw nuts is prohibited because there is no control step with raw products. Raw nuts have been linked to foodborne illness (i.e. salmonella). Processors who wish to use nuts in their products must use commercially processed (roasted or otherwise heat treated) nuts.
• Q. Am I required to obtain liability insurance?
  • A. The Department does not mandate you to obtain insurance. Consult an attorney or an insurance professional to discuss your product liability concerns and risks.
• Q. Can I get a home processor license exemption to make products for me to sell at my store or my restaurant?
  • A. No. The home processor license exemption is not available to anyone who holds a Department of Health permit or Department of Agriculture and Markets license. When a license or permit is held, all foods offered for commercial sale must be made at the licensed or permitted facility.
• Q. Is commercial equipment allowed?
  • A. No. Commercial equipment is not considered ordinary kitchen facilities.
• Q. What if I have a private water system (well)?
  • A. If you are on a private water system (well), you must have a water analysis for Total coliforms performed by a certified laboratory and include a copy of the test results with your application, before you can be registered as a home processor. A list of certified labs can be found here.
• Q: Do I have to collect sales tax on my Home Processed goods?
  • A: Please contact the Department of Taxation & Finance for sales tax requirements.