A 5836: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5836 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ 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.