Home Processors

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, and have results in hand, before an inspection can be conducted.

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:

1. All finished product containers are clean, sanitary and properly labeled.
2. All home processed foods produced under this exemption are neither adulterated nor misbranded.
3. Glass containers for jams, jellies, marmalades and similar products are provided with suitable rigid metal covers.

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.

1. 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.
2. Traditional fruit jams, jellies, and marmalades
3. Spices or herbs
4. Snack items such as popcorn, caramel corn and peanut brittle
5. Candy (excluding chocolate) – tempering chocolate for molding or dipping is not allowed.

NOTE: Home grown unprocessed raw produce does not require a home processing exemption.

Any finished food product that requires refrigeration is not allowed to be produced as a Home Processor. Items not allowed include, but are not limited to:

• Fruit/ Vegetable Breads
• Relishes
• Pickles
• Cheesecakes
• Vegetable Oils
• Wine Jellies
• Butters

NOTE: Internet sales are not allowed under this exemption.

 Home processors whose residences contain separate segregated facilities for food processing, may apply for licensing under Article 20-C.

NOTE: In any event, all operators should consult with local zoning officials for approval before commencing any food processing operations.

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.

REGIONAL OFFICES