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Question What are the requirements for selling food that is processed at home?

Answer Home processed food is food processed in a private home or residence using only the ordinary kitchen facilities of that home. It also shall exclude potentially hazardous foods. Commercial equipment is not considered ordinary kitchen facilities.

Home food processors who sell their product may be exempted from the licensing requirements of Article 20-C, provided that the following conditions are met:
- All finished product containers are clean, sanitary and properly labeled;
- All home processed foods produced under this exemption are neither adulterated nor misbranded; and
- Glass containers for jams, jellies, marmalades and similar products are provided with suitable rigid metal covers

Licensing exemption is limited to non-potentially hazardous foods such as:
- Bakery products for wholesale sales; i.e. bread, rolls, cookies, brownies, fudge, double-crust fruit pies and cakes which require no refrigeration
- Jams, jellies, marmalades or similar products
- Candy (not chocolate)
- Spices or herbs
- Snack items such as popcorn, caramel corn and peanut brittle

Back Contact: NYS Department of Agriculture & Markets
E-mail:info@agmkt.state.ny.us
Phone: 1-800-554-4501

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