FSI-898d (Rev. 4/29/14)
Section 276.3 of the New York State Agriculture and Markets regulations states in part that "Home processed food ... shall mean any food processed in a private home or residence using only the ordinary kitchen facilities of that home ... but shall exclude potentially hazardous food ..."
Note: Commercial equipment is not considered ordinary kitchen facilities.
Note: If on a private water system (well) resident must have a water test analysis performed for Coliform, within the last 3 months, and include a copy of the test results with application, before a home processor can be registered.
Processors of home processed foods who sell or offer for sale such foods 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.
- Glass containers for jams, jellies, marmalades and similar products are provided with suitable rigid metal covers.
- All home processed foods are sold only within New York State.
In order to protect public health and to minimize the potential of food product adulteration, this exemption is restricted to the following non-potentially hazardous home processed foods.
- Bakery products, i.e., bread, rolls, cookies, cakes, brownies, fudge, and double-crust fruit pies for wholesale marketing or retail agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets.
- Traditional jams, jellies, and marmalades made with high acid/low pH fruits.
- Repacking/blending of commercial dried spices or herbs.
- Snack items such as popcorn, caramel corn and peanut brittle.
- Candy (excluding chocolate) – tempering chocolate or candy melts for molding or dipping is not allowed.
Any finished food product that requires refrigeration is not allowed to be produced as a Home Processor.
Some examples of prohibited items include, but are not limited to:
- Breads containing Fruits or Vegetables
- Pickled or Fermented Foods
- Cheesecake, Cream Filled Pastries
- Refrigerated Baked Goods
- Meat, Fish, or Poultry Products
- Vegetable Oils, Blended Oils
- Any Products Containing Raw Nuts
- Garlic and/or Herb in Oil Mixtures
- Wine Jellies, Vegetable Jellies, Chutneys, Fruit Butters
- Cooked or Canned Fruits or Vegetables
- Cheese, Yogurt, Fluid Dairy Products
- Sauces, Salsas, Marinades
Note: Direct internet sales (commercial on-line transactions) are prohibited under this exemption. Use of the internet for communication or promotional purposes is permissible. This exemption does not allow for home processors to make specialty items, such as birthday cakes, per order. Furthermore, it does not allow for direct sales of product from the home.
Home processors whose residences contain separate segregated facilities for food processing, may apply for licensing under Article 20-C.
Note: Homeowners should consult with local zoning officials for approval before commencing any home based business.
The exemption relates only to Article 20-C licensing. The exempt firm will be subject to inspection by the Department of Agriculture and Markets. For more detailed information, please contact the nearest regional office.