I have gone to several sites to find out if NYS allows and licenses home-based bakers. I really can't make heads or tells as to the states specific rules and regulations. Any NY'ers out there that have a home-based bakery??? Any advice who to call or what the steps are to begin the process of legalizing the business will be greatly appeciated. Thanks in advance!!!!!

I've searched and come up with nothing as well. And anything I did find was totally confusing!!! I'll be watching this post for answers.

Where in NY are you, by the way?

in cny- dept of agriculture for selling cookies baked goods at a farmers market type venue and they must be labeled- you can have you home kitchen inspected for this only ( or repackaging some items non spoiling, non chocolate for wedding favor type stuff)

BUT...
to take orders- dept of health and subject to inspection.

this is my undersanding for my area ,specific regulations vary by county.You must have a seperate kitchen- they will not liscence a home kitchen. must have 3 bay coved sink, hand wash sink and slop sink all tied into a grease interceptor. This must be a totally seperate kitchen from your home kitchen.

we may also rent from an inspected kitchen such as church or firehouse even if they don not have a grease trap- you incur the fees and liscence for you to use in that kitchen

also you must have your dba and tax documentation- it is a very expensive venture much to my dismay

In New York State the rules are very different from county to county. I know for Monroe County you have to go through the Health Department and you have a completely separate room, but the room can be within your home as opposed to a separate building. But it also has to meet all the standards set forth by the Monroe County Health Department. But then you also have to check into where you live in your county as well--some cities, towns, villages, etc. may not allow a business out of the home. It really is just a matter of making a lot of phone calls and making sure everyone's answers match up. Good luck!

I've done the research too (although I haven't looked TOO deeply into the subject ) and I'd love to know the rules for New York City. I live in Queens county so maybe the rules are different from Manhattan--who knows?!

LOL noosie, I'm all the way at the other end of the state from you...I'm so far west I'm almost in PA!

I know it varies by county and I haven't delved very deeply into the research yet.

Check out NYS Opals (It's a web site for starting a business) and gives you a ton of information. Start with the local department of Agriculture and then the health department. It widely varies from county to county.

SUBJECT:
Home Food Processors
Sub-title:
Revision Date: April, 2007

Section 276.3 of the NYS Agriculture and Markets regulations allows for the exemption from the licensing requirements of the NYS Agriculture and Markets Law, Article 20-C for home processors of food who sell or offer for sale certain food items. In order to protect the public health and to minimize the potential of food product adulteration, the exemption is restricted to the following non-potentially hazardous home processed foods: bakery products (breads, rolls, cookies, cakes, brownies, fudge, and double-crust fruit pies) for wholesale marketing or retail agricultural sales such as farms, farm stands, farmer markets, green markets, craft fairs, and flea markets; traditional fruit jams, jellies, and marmalades; candy (excluding chocolate); spices; herbs; popcorn; caramel corn; and peanut brittle.

Internet sales are not included in this exemption. Home processors whose residences contain separate segregated facilities for food processing while not qualifying for a home processor exemption, may apply for licensing as a food processing establishment under the NYS Agriculture and Markets Law, Article 20-C.

All processors, including home processors, must consult with local zoning officials for approval before starting any type of food processing operation. The NYS Department of Agriculture and Markets, Division of Food Safety performs inspections of exempt firms. For detailed information and to schedule an inspection, please contact the nearest regional office:

The Buffalo regional office at 716-847-3185 for operations located in the counties of: Erie, Cattaraugus, Chautauqua, Genesee, Niagara, Orleans, and Wyoming.

The Rochester regional office at 585-427-2273 for operations located in the counties of: Allegany, Cayuga, Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, and Yates.

The Syracuse regional office at 315-487-0852 for operations located in the counties of: Broome, Clinton, Chenango, Cortland, Delaware, Franklin, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Otsego, St. Lawrence, and Oswego.

The Albany regional office at 518-457-5459 for operations located in the counties of: Albany, Columbia, Dutchess, Essex, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, and Washington .

The New York/Long Island regional office at 718-722-2876 for operations located in the counties of: Bronx, Queens, Kings, New York, Richmond, Orange, Putnam, Westchester, Sullivan, Nassau, and Suffolk.
__________
DISCLAIMER: This information is presented as a reference tool. While the Governors Office of Regulatory Reform believes this information to be accurate, they are NOT certified copies of the laws and regulations. Therefore, you should NOT rely upon this as a legal interpretation.

Hope this helps it is from OPAL

I live in NYC.

After many discussions with the dept. of agriculture inspector and the Depot. of Health inspector this is the info I received.

NO HOME BAKERY IN NEW YORK CITY.

Home bakers/processors
Home processors in NYC don't need a license as long as you are selling to markets, deli's or supermarkets, grocery stores. You need nutritional labeling, UPC barcoding and your kitchen has to be inspected by the Dept. of agriculture and you need to be zoned correctly. You must use your own equipment. No seperate kitchen necessary. You will also need approved packaging. You need to get a food safety certificate. No making of creams or custards of any kind.

You cannot sell directly to the public.

Selling directly to the public is classified as a bakery.
This is classified as a bakery even if you don't have a store front.
In order to sell directly to your customer who wants a birthday cake or custom made wedding cake you need a article 20-C license, food safety certificate, general liability insurance, register your business as a DBA and you have to rent a commercial kitchen. If you are a sole proprietor your SS# is your tax ID. You must file taxes at the end of the year.

I have currently gone through all of these steps. I found a commercial kitchen that will help me to get my article 20-c license.

I should be fully licensed within the next 2 months. Working in a commercial kitchen is very different than your oven at home.

I hope this helps you.

Thanks for posting that, schildwaster!

Seems like every time I tried to do a search, it gave me info on NYC! I'm at the wrong end of the state, I guess. LOL

the story of a western nyers life...

I live in Long Beach, long island and we cannot have a home business period. They tend to look thee other way on certain things. I tend to keep myself on the down low. If I want to really pursue this, I need to have a store.

schildwaster, where in WNY do you live (if you don't mind me asking...and if you do I totally understand!)?

I live up in the Adirondacks, and contacted Albany to find out exactly what I could & couldn't do. It seems that where I am you can bake cartain kinds of cakes/breads, but not others. Ex. a 2 layer Buttercream is fine, but no fillings, no wedding cakes. They are concidered unstable. You can have pets in your home, but they have to stay out of the kitchen area, and of course it all must be sanitary, everything has to have a label including the ingriedients in size order, and the business' contact info. The gentleman I spoke to was very helpful so don't hesitate to call and check with your area's contact person.

I'm so excited to see other western NYers on here! I'm in Niagara county, and plan to try to license my home bakery in a few months. They laws and rules are confusing, as counties vary so much. Mabye we should start a club

This is the woman you have to contact at the Dept of Agriculture.

Donna DiCesare, Administrative Assistant

NYS Dept. of Agriculture & Markets

Div. of Food Safety & Inspection

10B Airline Drive

Albany, NY 12235

(51-457-5457

Fax (51 457-8892
[email protected]

Hope this helps.......

Hi HarlemCakeLady

Would you mind sharing the name of the commercial kitchen you are using. I live in NYC and would like to further look into this.

Thanks
Zakia

I know this post is like 8 years old but worth a try. Has anyone try to start a petition to allow NY home bakers to take direct orders?

Never again will I complain about the food legislation in the UK...boy do we have it easy!