Selling pesto in New York

Q: Where may food made at home be sold in New York?

NYS Agriculture and Markets, Home Processing says: “All items are for marketing products at wholesale and/or retail, including agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets, via home delivery, or via the internet.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). NYS Agriculture and Markets, Home Processing says: “All items must be sold within New York State and must be pre-packaged in the home and properly labeled. Packaging of food items at an agricultural event (craft fair, farmers' market, etc.) is not permitted.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). NYS Agriculture and Markets, Home Processing says: “Yes, as a Home Processor you are allowed to sell your items wholesale to local facilities (restaurants, cafes, grocery stores, etc.) that wish to carry them.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). NYS Agriculture and Markets, Home Processing says: “Internet sales are allowed within New York State only. Shipping products out of state is not permitted.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). ShelfStep's summary of the rules and their sources, read October 8, 2026; not legal advice.

Q: What does New York say a home-made label must carry?

NYS Agriculture and Markets, Home Processing says: “Home processors should add a phrase like “Made at Home by XYZ,” or “Made in the Home Kitchen of XYZ,” or “Made in a Home Kitchen,” to their label in addition to the label requirements outlined below. The font size for this phrase should be 1/16th inch or larger.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). NYS Agriculture and Markets, Home Processing says: “Product labels are required to contain the following information: common/usual name of the product, ingredient list in predominance by weight, net quantity of contents, processor name, and full address.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). NYS Agriculture and Markets, Home Processing says: “All allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame) must be clearly identified in the product ingredient statement.” (NYS Agriculture and Markets, Home Processing, read October 8, 2026). ShelfStep's summary of the rules and their sources, read October 8, 2026; not legal advice.

Q: Where do I go from here?

How to sell pesto to stores. Every step, its reason and its typical cost Selling food made at home in New York. All of New York's lines, what you may make, register and outgrow How do I find and choose a co-packer?. 5 min read How do I work out my shelf life and best-by date?. 4 min read Do I need to register with the FDA to sell my food product?. 4 min read ShelfStep's summary of the rules and their sources, read October 8, 2026; not legal advice.

Sources last read Oct 8, 2026

What New York's own pages say about making pesto at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make pesto at home in New York?

New York's own pages name pesto, or foods like it, among what New York says a home kitchen may not make. ShelfStep found these lines by the words they use; whether they cover your product is for the New York State Department of Agriculture and Markets to say. Those lines, as the state writes them:

New York's Home Processor Exemption rules: what may not be made at homeNYS Agriculture and Markets, Home Processing says:“Any finished food product that requires refrigeration is prohibited from being produced as a Home Processor.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026

What rules does pesto come under beyond New York's?

Outside a home kitchen, ShelfStep's plan reads pesto as a refrigerated or frozen food. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawFrozen or refrigerated (non-meat): cold chain, shelf-life / challenge study, "keep frozen/refrigerated" labeling.21 CFR 114.3

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for pesto

Acidified foods kept under refrigeration21 CFR 114.3(b) says:“and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026

Source to check: FDA food facility registration

FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in New York?

New York's Home Processor Exemption rules: where it may be soldNYS Agriculture and Markets, Home Processing says:“All items are for marketing products at wholesale and/or retail, including agricultural venues such as farms, farm stands, farmers markets, green markets, craft fairs and flea markets, via home delivery, or via the internet.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026
New York's Home Processor Exemption rules: where it may be soldNYS Agriculture and Markets, Home Processing says:“All items must be sold within New York State and must be pre-packaged in the home and properly labeled. Packaging of food items at an agricultural event (craft fair, farmers' market, etc.) is not permitted.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026
New York's Home Processor Exemption rules: where it may be soldNYS Agriculture and Markets, Home Processing says:“Yes, as a Home Processor you are allowed to sell your items wholesale to local facilities (restaurants, cafes, grocery stores, etc.) that wish to carry them.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026
New York's Home Processor Exemption rules: where it may be soldNYS Agriculture and Markets, Home Processing says:“Internet sales are allowed within New York State only. Shipping products out of state is not permitted.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026

What does New York say a home-made label must carry?

New York's Home Processor Exemption rules: the home-made labelNYS Agriculture and Markets, Home Processing says:“Home processors should add a phrase like “Made at Home by XYZ,” or “Made in the Home Kitchen of XYZ,” or “Made in a Home Kitchen,” to their label in addition to the label requirements outlined below. The font size for this phrase should be 1/16th inch or larger.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026
New York's Home Processor Exemption rules: the home-made labelNYS Agriculture and Markets, Home Processing says:“Product labels are required to contain the following information: common/usual name of the product, ingredient list in predominance by weight, net quantity of contents, processor name, and full address.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026
New York's Home Processor Exemption rules: the home-made labelNYS Agriculture and Markets, Home Processing says:“All allergens (eggs, milk, fish, shellfish, soybeans, peanuts, tree nuts, wheat, and sesame) must be clearly identified in the product ingredient statement.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026

How do I get pesto into a store in New York?

New York's Home Processor Exemption rules: what applies beyond the home-kitchen rulesNYS Agriculture and Markets, Home Processing says:“Please note that the Home Processor Registration will become Null & Void if you make or sell foods that are not allowed under the exemption or if you open a food business which is inspected and permitted/licensed by either the Department of Agriculture and Markets or the Department of Health. In this case, all food must be manufactured in the commercial facility.”NYS Agriculture and Markets, Home Processing · Read Oct 8, 2026

State registration or license in New Yorktypically $0 to $400 per license. A first-time operator working in a recognized incubator or shared kitchen; Small-scale food processor: no more than 10 full-time employees, and not a chain or franchise; Food processor. The form’s no-fee line is only for a first-time operator working in a recognized incubator or shared kitchen. Source: New York Department of Agriculture and Markets; checked Sep 2026

From there, ShelfStep's standard plan for a refrigerated or frozen food has 20 steps. The first 6 help you find out where and how pesto can be made at all, so they come first:

1.
Write the recipe down with exact amounts
Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.
2.
Decide how it is kept: on a shelf, in the fridge or frozen
The planned storage helps the reviewer assess the process, shelf life and packaging.
In the plan: It decides which rules you follow.
3.
Work out how it stays cold from your kitchen to the shop
If your product needs refrigeration or freezing, plan how to keep it cold at every hand-off. Who keeps it cold at each hand-off, and how you would know if they did not, is what a buyer asks first.
4.
Find out where you are allowed to make it for sale
This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.
In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.
5.
Have the pH and water activity of a finished batch measured
These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.
In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.
6.
Get a Process Authority's letter on how it is made safe
Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.
In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.

Every step, with its reason and what it typically costs, is on the pesto page:

1. Write the recipe down with exact amounts 2. Decide how it is kept: on a shelf, in the fridge or frozen 3. Work out how it stays cold from your kitchen to the shop 4. Find out where you are allowed to make it for sale 5. Have the pH and water activity of a finished batch measured 6. Get a Process Authority's letter on how it is made safe 7. Look into FDA registration 8. Choose the container and what seals it 9. Shortlist three co-packers or commercial kitchens 10. Work out what one batch, and one unit, costs to make 11. Set up lot codes and a recall plan 12. Make a first full-size batch 13. Find out how long it keeps 14. Get barcodes 15. Draft the label with everything it has to say 16. Set the wholesale and shelf price from the cost 17. Sell it at a market before you scale 18. Get product liability insurance 19. Make the one-page sheet a buyer reads 20. Name your first three stores

Where do I go from here?

How to sell pesto to storesEvery step, its reason and its typical cost Selling food made at home in New YorkAll of New York's lines, what you may make, register and outgrow

How do I find and choose a co-packer?5 min read How do I work out my shelf life and best-by date?4 min read Do I need to register with the FDA to sell my food product?4 min read

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

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Something here out of date, or a state we should write up next? Email hello@shelfstep.com.