Cottage food in New York: the checklist

Not legal advice. This is a starting checklist, checked 2026-09-25. Rules change and differ by county and city. Talk to a lawyer and confirm with NYS Agriculture and Markets before you sell a ticket or open your space.

At a glance

• Covers: shelf-stable foods like breads, cookies, cakes without buttercream, double-crust fruit pies, high-acid jams, granola and candy, prepackaged at home. Ag & Markets
• Sales cap: none. A $50,000 figure online conflicts with the official page (unverified). Ag & Markets
• Registration and fee: free Form FSI-898c, no expiry, tied to your address. Review takes up to 16 weeks. Ag & Markets
• Doesn't cover: your braised short rib. Meals, on-site eating, meat, dairy, refrigerated food and beverages are all out, so ticketed dinners are too. Ag & Markets
• Home-kitchen meal law: none. A wider bill (A5836-A, $12,500 cap) sits in committee. A5836

Quick answers

What does cottage food cover in New York? Shelf-stable foods prepackaged at home, like breads, cookies, double-crust fruit pies, high-acid jams, granola and candy. Registration is the free Form FSI-898c. Ag & Markets

Is there a sales cap on cottage food in New York? No. The official page sets no cap. A $50,000 figure online conflicts with it (unverified). Ag & Markets

Does New York cottage food cover a ticketed dinner? No. Meals, on-site eating, meat, dairy and refrigerated food are all out. A ticketed dinner needs a health permit instead: in NYC, $280 a year, or $70 temporary (unverified: usually tied to a community event; call first). Ag & Markets NYC311 NYC

What this means for a dinner

• Start with a free dinner for friends at home. The licence question starts when money changes hands. In NYC and Erie County, serving the public brings in the rules even when food's free. Art. 81 ECDOH
• A ticketed micro hospitality night needs a health permit instead. In NYC, that's $280 a year, or $70 temporary (unverified: usually tied to a community event; call first). NYC311 NYC
• NYC bans food businesses in homes, so cook in a permitted kitchen or venue. §81.17
• In Buffalo, Erie County issues the permit. Its caterer permit is $282. ECDOH fees
• Selling take-home treats too? Labels should carry a line like "Made in a Home Kitchen," and a health permit voids the exemption. Ag & Markets

Your city

• New York City: organizer checklist · venue host checklist
• Buffalo: organizer checklist · venue host checklist

Learn more

• NYS Ag & Markets home processing
• NYC Health Code Article 81
• NYC temporary food service permit
• Erie County food service permits

Not legal advice. Confirm with a lawyer and NYS Agriculture and Markets before you act.