Home Bakery (Cottage Food) Permit Requirements in New York City, NY

1. EIN (Employer Identification Number)

   Free from the IRS — apply online and receive your EIN immediately upon approval; the IRS never charges for an EIN (avoid third-party sites that do). Federally required if you hire employees or operate as a corporation or partnership (including a multi-member LLC); a single-member LLC with no employees and no excise-tax liability may use the owner's SSN instead, though most banks ask for an EIN to open a business bank account.

   Official government source

   Free·Immediate

   Free

   Immediate

1. NYS Home Processor Exemption Registration (NY Dept. of Agriculture & Markets)

   New York State allows home processors to produce certain non-potentially-hazardous foods in a home kitchen — breads, rolls, cookies, cakes without cream/custard fillings, double-crust fruit pies, high-acid jams and jellies, granola, and similar items (no products requiring refrigeration) — after registering (free) with the NYS Department of Agriculture and Markets. There is no sales cap. Products may be sold within New York State only, including at farmers markets and fairs, online (in-state), by home delivery, and wholesale to in-state restaurants and stores; out-of-state sales are prohibited. The registration has no expiration date, but you must re-register if you move. NYC operators should also confirm whether city rules apply to their sales channels.

   Official government source

   Free·2–4 weeks

   Free

   2–4 weeks

2. NYS Article 20-C Food Processing Establishment License (if above exemption)

   If you produce foods outside the home processor exemption — anything requiring refrigeration (cream/custard fillings, cheesecakes), potentially hazardous or low-acid products, foods not on the approved list — or you want to ship out of state, you need a Food Processing Establishment License under Article 20-C of the Agriculture and Markets Law, which requires processing in an approved commercial-grade facility inspected by the Department of Agriculture and Markets.

   Official government source

   $175 biennial license (10 or fewer full-time employees, non-franchise); $400 biennial for larger or franchised operations·6–12 weeks

   $175 biennial license (10 or fewer full-time employees, non-franchise); $400 biennial for larger or franchised operations

   6–12 weeks

1. NYS Department of Agriculture and Markets — Food Processing Establishment License (Article 20-C)

   New York City home bakeries that exceed the NYS Home Processor Exemption thresholds — or sell wholesale or through third-party channels — need a Food Processing Establishment License under Agriculture and Markets Law Article 20-C from the New York State Department of Agriculture and Markets. This state license applies inside NYC as well; DOHMH permits cover food service establishments (restaurants/caterers), not packaged-food processing.

   Official government source

   $400 per 2-year license; $175 per 2 years for non-franchise processors with fewer than 10 full-time employees·4–8 weeks

   $400 per 2-year license; $175 per 2 years for non-franchise processors with fewer than 10 full-time employees

   4–8 weeks

Official Sources

• NYS Department of Agriculture & Markets — Food Business Licensing
• NYC Business — Food Processing Establishment License
• NYC Business — Food Service Establishment Permit
• New York Cottage Food Laws 2026 — Standscout
• New York Cottage Food Law 2026 — Butterbase

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