I was under the impression that New York did not have a cottage food law. In this mornings newspaper there is an article about someone selling cupcakes from their home. Did a law pass that I'm not aware of?
AIn some areas of NY you can apply for a license for selling food wholesale only (not directly to customers). Chances are the business you read about is operating illegally.
NY has had a cottage food law since the early 1970's. Throughout the state, wholesale within state limits is unrestricted. Retail is allowed in certain venues such as farmers' markets, crafts fairs, agricultural markets, green markets. If you have any questions, call the Albany office 518 457-5459
If they are selling directly to the public and do not have a commercial kitchen in their home and a bakers license, I'll bet they are doing it illegally.
NY does have a Home Processor Exemption through the Department of Agriculture which will allow you to produce certain baked goods from your regular home kitchen upon inspection, They require you to present them with a contract that you have entered into with either a food establishment that you will be wholesaling your product to, or a contract with a farm market to be a vendor.
You can sell direct to the public at the farm market BUT the market must be the point of sale. You are not allowed to deliver , goods must be presented at the market.
Contact your local department of Agriculture and inquire about Home Processing Exemption. I think the rules of it vary by county also.
I was just asking, because the article stated that she is making the cupcakes out of her home and selling them to customers. Apparently she has a website . Was not sure if this was legal, and if not, what now, it's in the newspaper. I do not sell any cakes, cupcakes, I give them as gifts, because I thought it was not legal in ny.
AIf she's running an illegal business, she will probably be shut down sooner rather than later by the health dept thanks to the publicity.
We have a few people in my area who are doing the same, illegally. I just don't think they are aware there is a law against such a thing no matter how " small time' they are.
The baker in your area may not have the correct licensing, or they may have it, but are not following the terms of it.
Now that they have been given TV and newspaper exposure , you can bet they will be getting a visit from the state folks soon.
But maybe she does have all the licenses and permits, but rents a kitchen to make her treats than brings them home to sell? I know quite a few license bakers that actually do that But, honestly some just say they're renting a kitchen. But, I think they're really using their own kitchen.