Ren §251-z-13 to be §251-z-14, add §251-z-13, Ag & Mkts L
Enacts the homegrown foods act to exempt the production and sale of certain homegrown food products grown and processed by a food processing establishment at or in a private residence from certain food processing licensure requirements where the food is sold directly to consumers and total sales do not exceed $12,500.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5836A
SPONSOR: Gray TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To allow individuals producing certain low-risk homegrown food products
in residential kitchens or on personal property to sell such products
directly to consumers without obtaining a food processing establishment
license, provided specified safety and income conditions are Met.
SUMMARY OF PROVISIONS:
Section one establishes the short title of the act as the "homegrown
foods act." Section two adds a new section 251-z-13 to the agriculture
and markets law establishing an exemption from licensure requirements
for individuals producing and selling certain non-potentially hazardous
homegrown food products directly to consumers. The bill defines eligible
food products, limits annual sales income to $12,500, restricts sales to
within New York State, and authorizes direct-to-consumer sales at farm-
ers markets and certain approved locations. The bill also establishes
labeling, sanitation, packaging, and inspection requirements under the
oversight of the Department of Agriculture and Markets. Section three
provides for an immediate effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendment to this bill clarifies the type of license that this bill
is trying to ease requirements on.
JUSTIFICATION:
New York State is facing a growing challenge in attracting and retaining
young farmers. Many individuals interested in farming struggle to find
accessible entry points into the industry due to high startup costs and
regulatory barriers. This bill provides a crucial first step for aspir-
ing farmers by allowing them to legally sell homegrown and home-pro-
cessed foods without burdensome licensing requirements. By enabling
small-scale food production and direct-to-consumer sales, the Homegrown
Foods Act encourages new and young farmers to build their businesses,
gain experience, and contribute to the local agricultural economy. Simi-
lar cottage food laws in other states have successfully supported emerg-
ing farmers while maintaining food safety standards.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None,
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5836--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
on Agriculture -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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. Short title. This act shall be known and may be cited as
2 the "homegrown foods act".
3 § 2. Section 251-z-13 of the agriculture and markets law, as renum-
4 bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
5 and a new section 251-z-13 is added to read as follows:
6 § 251-z-13. Exemption from licensing for homegrown food products. 1.
7 Definition. For the purposes of this section, "homegrown food products"
8 shall refer to any food product grown or processed in an individual's
9 private residence or on their personal property, and may include, but is
10 not limited to, fruits, vegetables, jams, jellies, baked goods, dried
11 fruits, pickles, honey, and similar non-potentially hazardous foods.
12 2. Exemption from licensing for homegrown food products. Notwith-
13 standing any provisions of law to the contrary, food processing estab-
14 lishments which grow and process homegrown food products at a private
15 residence or property for direct sale to consumers shall be exempt from
16 any licensure requirements under this article if:
17 a. The total annual income from the sale of such homegrown food
18 products does not exceed twelve thousand five hundred dollars;
19 b. The sales occur directly to consumers at local farmers markets, or
20 through direct-to-consumer sales at such residence or residential prop-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09908-02-6
A. 5836--A 2
1 erty or other locations authorized by the commissioner in regulation;
2 and
3 c. The food products are not potentially hazardous and are produced in
4 compliance with food safety standards as established by the department.
5 3. Permissible foods for sale. Food processing establishments which
6 grow and process homegrown food products may sell the following food
7 products:
8 a. Jams, jellies, and preserves.
9 b. Baked goods, such as bread, cakes, cookies, and pastries.
10 c. Dried fruits, vegetables, herbs, and spices.
11 d. Honey and other similar bee products.
12 e. Pickles, sauerkraut, and other fermented foods.
13 f. Granola, trail mixes, and dry mixes.
14 g. Vinegar, mustard, and condiments that are not potentially hazard-
15 ous.
16 h. Other low-risk, non-potentially hazardous food products as deter-
17 mined by the commissioner.
18 4. Limitations. Food processing establishments may sell homegrown food
19 products only within New York state.
20 5. Food safety standards and oversight. a. Food processing establish-
21 ments selling homegrown food products must follow basic food safety
22 standards as outlined by the department, which may include guidelines on
23 sanitation, packaging, labeling, and traceability.
24 b. The department may inspect food products and practices when neces-
25 sary to ensure compliance with food safety regulations.
26 c. Food products sold under this section shall include a label that
27 provides the name of the producer, the location of production, a list of
28 ingredients, and a statement indicating that the food was prepared in a
29 residential kitchen.
30 § 3. This act shall take effect immediately.
