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
                                ___________
 
 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:
 
   Section  1. The agriculture and markets law is amended by adding a new
 article 20-A to read as follows:
                               ARTICLE 20-A
                            HOMEGROWN FOODS ACT
 SECTION 251-A. SHORT TITLE.
         251-B. DEFINITIONS.
         251-C. EXEMPTION FROM LICENSING FOR HOME-BASED FOOD OPERATIONS.
         251-D. PERMISSIBLE FOODS FOR SALE.
         251-E. LIMITATIONS.
         251-F. FOOD SAFETY STANDARDS AND OVERSIGHT.
   § 251-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
 THE "HOMEGROWN FOODS ACT".
   § 251-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "HOMEGROWN FOOD PRODUCTS" SHALL REFER TO ANY FOOD PRODUCT GROWN OR
 PROCESSED IN AN INDIVIDUAL'S PRIVATE  RESIDENCE  OR  ON  THEIR  PERSONAL
 PROPERTY,  AND  MAY  INCLUDE, BUT IS NOT LIMITED TO, FRUITS, VEGETABLES,
 JAMS, JELLIES, BAKED GOODS, DRIED FRUITS, PICKLES,  HONEY,  AND  SIMILAR
 NON-POTENTIALLY HAZARDOUS FOODS.
   2.  "HOME-BASED  FOOD OPERATION" REFERS TO AN INDIVIDUAL WHO GROWS AND
 PROCESSES FOOD PRODUCTS IN  THEIR  OWN  RESIDENCE  FOR  DIRECT  SALE  TO
 CONSUMERS,  WITHOUT  THE  USE OF A COMMERCIAL KITCHEN OR FOOD PROCESSING
 FACILITY.
   § 251-C. EXEMPTION FROM  LICENSING  FOR  HOME-BASED  FOOD  OPERATIONS.
 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
 
 GROW AND PROCESS FOOD AT THEIR PRIVATE RESIDENCE OR PROPERTY FOR  DIRECT
 SALE  TO CONSUMERS SHALL BE EXEMPT FROM ANY LICENSURE REQUIREMENTS UNDER
 ARTICLE TWENTY-C OF THIS CHAPTER IF:
   1.  THE  TOTAL  ANNUAL  INCOME  FROM  THE  SALE OF SUCH HOMEGROWN FOOD
 PRODUCTS DOES NOT EXCEED TWELVE THOUSAND FIVE HUNDRED DOLLARS;
   2. THE SALES OCCUR DIRECTLY TO CONSUMERS AT LOCAL FARMERS MARKETS,  OR
 THROUGH  DIRECT-TO-CONSUMER SALES AT SUCH RESIDENCE OR RESIDENTIAL PROP-
 ERTY OR OTHER LOCATIONS AUTHORIZED BY THE  COMMISSIONER  IN  REGULATION;
 AND
   3. THE FOOD PRODUCTS ARE NOT POTENTIALLY HAZARDOUS AND ARE PRODUCED IN
 COMPLIANCE WITH FOOD SAFETY STANDARDS AS ESTABLISHED BY THE DEPARTMENT.
   § 251-D. PERMISSIBLE  FOODS  FOR  SALE. HOME-BASED FOOD OPERATIONS MAY
 SELL THE FOLLOWING FOOD PRODUCTS:
   1. JAMS, JELLIES, AND PRESERVES.
   2. BAKED GOODS, SUCH AS BREAD, CAKES, COOKIES, AND PASTRIES.
   3. DRIED FRUITS, VEGETABLES, HERBS, AND SPICES.
   4. HONEY AND OTHER SIMILAR BEE PRODUCTS.
   5. PICKLES, SAUERKRAUT, AND OTHER FERMENTED FOODS.
   6. GRANOLA, TRAIL MIXES, AND DRY MIXES.
   7. VINEGAR, MUSTARD, AND CONDIMENTS THAT ARE NOT  POTENTIALLY  HAZARD-
 OUS.
   8.  OTHER  LOW-RISK, NON-POTENTIALLY HAZARDOUS FOOD PRODUCTS AS DETER-
 MINED BY THE COMMISSIONER.
   § 251-E. LIMITATIONS. HOME-BASED FOOD  OPERATIONS  MAY  SELL  PRODUCTS
 ONLY WITHIN NEW YORK STATE.
   § 251-F. FOOD  SAFETY  STANDARDS AND OVERSIGHT. 1. INDIVIDUALS SELLING
 HOMEGROWN FOOD PRODUCTS MUST  FOLLOW  BASIC  FOOD  SAFETY  STANDARDS  AS
 OUTLINED  BY THE DEPARTMENT, WHICH MAY INCLUDE GUIDELINES ON SANITATION,
 PACKAGING, LABELING, AND TRACEABILITY.
   2. THE DEPARTMENT MAY INSPECT FOOD PRODUCTS AND PRACTICES WHEN  NECES-
 SARY TO ENSURE COMPLIANCE WITH FOOD SAFETY REGULATIONS.
   3.  FOOD  PRODUCTS  SOLD UNDER THIS ARTICLE SHALL INCLUDE A LABEL THAT
 PROVIDES THE NAME OF THE PRODUCER, THE LOCATION OF PRODUCTION, A LIST OF
 INGREDIENTS, AND A STATEMENT INDICATING THAT THE FOOD WAS PREPARED IN  A
 RESIDENTIAL KITCHEN.
   §  2.  Subdivision 3 of section 251-z-2 of the agriculture and markets
 law, as amended by chapter 507 of the laws of 1973, is amended  to  read
 as follows:
   3.  The  term  "food  processing  establishment" means any place which
 receives food or food products for the purpose of processing  or  other-
 wise  adding  to  the  value  of  the  product  for  commercial sale. It
 includes, but is not limited to, bakeries, processing  plants,  beverage
 plants and food manufactories. However, the term does not include: those
 establishments  that  process and manufacture food or food products that
 are sold exclusively at retail for consumption on  the  premises;  those
 operations  which cut meat and sell such meat at retail on the premises;
 bottled and bulk water facilities; those food processing  establishments
 which  are  covered  by  articles four, [four-a, five-a, five-b, five-c,
 five-d,   seventeen-b]   FOUR-A,   FIVE-A,   FIVE-B,   FIVE-C,   FIVE-D,
 SEVENTEEN-B, nineteen, [twenty-b,] and twenty-one of this chapter; HOME-
 BASED  FOOD  OPERATIONS  UNDER ARTICLE TWENTY-A OF THIS CHAPTER; service
 food  establishments,  including  vending  machine  commissaries,  under
 permit  and  inspection  by the state department of health or by a local
 health agency which maintains a program certified and  approved  by  the
 state commissioner of health; establishments under federal meat, poultry
 or  egg  product  inspection;  or  establishments  engaged solely in the
 A. 5836                             3
 
 harvesting, storage, or distribution of one  or  more  raw  agricultural
 commodities which are ordinarily cleaned, prepared, treated or otherwise
 processed before being marketed to the consuming public.
   § 3. This act shall take effect immediately.