New York allows home-based food businesses to operate under its Home Processor Exemption, making it easier for aspiring entrepreneurs to sell homemade foods. If you’re thinking about starting a food business from your home kitchen, here’s what you need to know.
1. What Types of Food Businesses Don’t Require Permits?
Under New York’s Home Processor Exemption, you can sell non-potentially hazardous foods without needing a commercial kitchen or food establishment permit. These include:
- Baked goods (cookies, bread, cakes, brownies)
- Jams and jellies (with certain pH levels)
- Candy and confections
- Spices, herbs, and teas
- Dried pasta
These foods are safe because they don’t need refrigeration. However, you cannot sell high-risk foods such as meat, dairy, or anything requiring temperature control.
For a full list of approved and prohibited items, visit the New York State Department of Agriculture and Markets.
2. Legal Requirements and Steps to Start a Food Business
A. Home Processor Registration
While you don’t need a commercial license, you must register with the New York State Department of Agriculture and Markets if you plan to sell food from home. The registration process requires:
- Submitting a Home Processor Registration form
- Providing a detailed list of the foods you plan to sell
- Undergoing an initial home kitchen inspection by the department
- No fee is required to register as a home processor
To get started, download the form from the NY Department of Agriculture and Markets.
B. Labeling Requirements
All products sold under the Home Processor Exemption must be clearly labeled with the following:
- Your name and address
- Product name
- List of ingredients in descending order by weight
- Net weight or volume of the product
- Any allergens present (nuts, wheat, dairy, etc.)
- A statement that says, “Made in a home kitchen that is not subject to routine government inspection.”
Correct labeling is required by law to ensure transparency and consumer safety.
C. Sales Channels
Home processors in New York can only sell directly to consumers. You can sell at:
- Farmers markets
- Craft fairs
- Community events
- Directly from your home (pickup or delivery)
However, you cannot sell online for interstate shipping or through wholesale retailers like grocery stores. All sales must be within the state.
3. Tips for Starting Your Business
A. Understand Your Local Regulations
In addition to state registration, check with your local county health department or town hall for any additional permits or zoning restrictions that may apply. Some municipalities may have rules about operating a home business.
B. Specialize in Unique Products
Since competition can be strong at farmers markets and community events, focus on offering something unique. Whether it’s artisanal baked goods, vegan treats, or custom jams, having a niche will help you attract more customers.
C. Market Locally
Use social media, local directories, and word of mouth to promote your business. Engage with community groups and attend local events to introduce your products. Offering samples at markets or fairs can also help gain loyal customers.
Starting a small food business in New York is possible with the Home Processor Exemption, making it a great option for home-based food entrepreneurs. Follow the registration steps and ensure compliance with labeling and sales regulations. For more information, visit the New York Department of Agriculture and Markets.
*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.