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S T A T E O F N E W Y O R K
________________________________________________________________________
5836
2025-2026 Regular Sessions
I N A S S E M B L Y
February 24, 2025
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Introduced by M. of A. GRAY -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing the "homegrown foods act" to permit the sale of certain foods
and food products without a license under certain conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The agriculture and markets law is amended by adding a new
2 article 20-A to read as follows:
3 ARTICLE 20-A
4 HOMEGROWN FOODS ACT
5 SECTION 251-A. SHORT TITLE.
6 251-B. DEFINITIONS.
7 251-C. EXEMPTION FROM LICENSING FOR HOME-BASED FOOD OPERATIONS.
8 251-D. PERMISSIBLE FOODS FOR SALE.
9 251-E. LIMITATIONS.
10 251-F. FOOD SAFETY STANDARDS AND OVERSIGHT.
11 § 251-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
12 THE "HOMEGROWN FOODS ACT".
13 § 251-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
14 1. "HOMEGROWN FOOD PRODUCTS" SHALL REFER TO ANY FOOD PRODUCT GROWN OR
15 PROCESSED IN AN INDIVIDUAL'S PRIVATE RESIDENCE OR ON THEIR PERSONAL
16 PROPERTY, AND MAY INCLUDE, BUT IS NOT LIMITED TO, FRUITS, VEGETABLES,
17 JAMS, JELLIES, BAKED GOODS, DRIED FRUITS, PICKLES, HONEY, AND SIMILAR
18 NON-POTENTIALLY HAZARDOUS FOODS.
19 2. "HOME-BASED FOOD OPERATION" REFERS TO AN INDIVIDUAL WHO GROWS AND
20 PROCESSES FOOD PRODUCTS IN THEIR OWN RESIDENCE FOR DIRECT SALE TO
21 CONSUMERS, WITHOUT THE USE OF A COMMERCIAL KITCHEN OR FOOD PROCESSING
22 FACILITY.
23 § 251-C. EXEMPTION FROM LICENSING FOR HOME-BASED FOOD OPERATIONS.
24 NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, INDIVIDUALS WHO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09908-01-5
A. 5836 2
1 GROW AND PROCESS FOOD AT THEIR PRIVATE RESIDENCE OR PROPERTY FOR DIRECT
2 SALE TO CONSUMERS SHALL BE EXEMPT FROM ANY LICENSURE REQUIREMENTS UNDER
3 ARTICLE TWENTY-C OF THIS CHAPTER IF:
4 1. THE TOTAL ANNUAL INCOME FROM THE SALE OF SUCH HOMEGROWN FOOD
5 PRODUCTS DOES NOT EXCEED TWELVE THOUSAND FIVE HUNDRED DOLLARS;
6 2. THE SALES OCCUR DIRECTLY TO CONSUMERS AT LOCAL FARMERS MARKETS, OR
7 THROUGH DIRECT-TO-CONSUMER SALES AT SUCH RESIDENCE OR RESIDENTIAL PROP-
8 ERTY OR OTHER LOCATIONS AUTHORIZED BY THE COMMISSIONER IN REGULATION;
9 AND
10 3. THE FOOD PRODUCTS ARE NOT POTENTIALLY HAZARDOUS AND ARE PRODUCED IN
11 COMPLIANCE WITH FOOD SAFETY STANDARDS AS ESTABLISHED BY THE DEPARTMENT.
12 § 251-D. PERMISSIBLE FOODS FOR SALE. HOME-BASED FOOD OPERATIONS MAY
13 SELL THE FOLLOWING FOOD PRODUCTS:
14 1. JAMS, JELLIES, AND PRESERVES.
15 2. BAKED GOODS, SUCH AS BREAD, CAKES, COOKIES, AND PASTRIES.
16 3. DRIED FRUITS, VEGETABLES, HERBS, AND SPICES.
17 4. HONEY AND OTHER SIMILAR BEE PRODUCTS.
18 5. PICKLES, SAUERKRAUT, AND OTHER FERMENTED FOODS.
19 6. GRANOLA, TRAIL MIXES, AND DRY MIXES.
20 7. VINEGAR, MUSTARD, AND CONDIMENTS THAT ARE NOT POTENTIALLY HAZARD-
21 OUS.
22 8. OTHER LOW-RISK, NON-POTENTIALLY HAZARDOUS FOOD PRODUCTS AS DETER-
23 MINED BY THE COMMISSIONER.
24 § 251-E. LIMITATIONS. HOME-BASED FOOD OPERATIONS MAY SELL PRODUCTS
25 ONLY WITHIN NEW YORK STATE.
26 § 251-F. FOOD SAFETY STANDARDS AND OVERSIGHT. 1. INDIVIDUALS SELLING
27 HOMEGROWN FOOD PRODUCTS MUST FOLLOW BASIC FOOD SAFETY STANDARDS AS
28 OUTLINED BY THE DEPARTMENT, WHICH MAY INCLUDE GUIDELINES ON SANITATION,
29 PACKAGING, LABELING, AND TRACEABILITY.
30 2. THE DEPARTMENT MAY INSPECT FOOD PRODUCTS AND PRACTICES WHEN NECES-
31 SARY TO ENSURE COMPLIANCE WITH FOOD SAFETY REGULATIONS.
32 3. FOOD PRODUCTS SOLD UNDER THIS ARTICLE SHALL INCLUDE A LABEL THAT
33 PROVIDES THE NAME OF THE PRODUCER, THE LOCATION OF PRODUCTION, A LIST OF
34 INGREDIENTS, AND A STATEMENT INDICATING THAT THE FOOD WAS PREPARED IN A
35 RESIDENTIAL KITCHEN.
36 § 2. Subdivision 3 of section 251-z-2 of the agriculture and markets
37 law, as amended by chapter 507 of the laws of 1973, is amended to read
38 as follows:
39 3. The term "food processing establishment" means any place which
40 receives food or food products for the purpose of processing or other-
41 wise adding to the value of the product for commercial sale. It
42 includes, but is not limited to, bakeries, processing plants, beverage
43 plants and food manufactories. However, the term does not include: those
44 establishments that process and manufacture food or food products that
45 are sold exclusively at retail for consumption on the premises; those
46 operations which cut meat and sell such meat at retail on the premises;
47 bottled and bulk water facilities; those food processing establishments
48 which are covered by articles four, [four-a, five-a, five-b, five-c,
49 five-d, seventeen-b] FOUR-A, FIVE-A, FIVE-B, FIVE-C, FIVE-D,
50 SEVENTEEN-B, nineteen, [twenty-b,] and twenty-one of this chapter; HOME-
51 BASED FOOD OPERATIONS UNDER ARTICLE TWENTY-A OF THIS CHAPTER; service
52 food establishments, including vending machine commissaries, under
53 permit and inspection by the state department of health or by a local
54 health agency which maintains a program certified and approved by the
55 state commissioner of health; establishments under federal meat, poultry
56 or egg product inspection; or establishments engaged solely in the
A. 5836 3
1 harvesting, storage, or distribution of one or more raw agricultural
2 commodities which are ordinarily cleaned, prepared, treated or otherwise
3 processed before being marketed to the consuming public.
4 § 3. This act shall take effect immediately.