Can I sell homemade jams at a farmer's market in New York?

Local Regulations and Licenses

In New York, the sale of homemade goods, including jams, falls under the jurisdiction of the county or city where the sale takes place. You will need to check with your local health department to determine if a permit or license is required. For example, in New York City, you can sell homemade goods at a farmer’s market under the jurisdiction of the NYC Department of Health and Mental Hygiene. You may need to provide proof of food safety training and adhere to specific labeling and packaging requirements.

Food Safety and Labeling

To ensure the safety of your customers, you will need to follow proper food handling and preparation procedures. This includes using clean equipment, storing ingredients properly, and maintaining accurate records of your production and sales. You will also need to label your products with the following information: the name and address of the producer, a list of ingredients, and any relevant allergen warnings. For example, if your jam contains nuts, you must clearly indicate this on the label.

Taxes and Record-Keeping

As a seller of homemade goods, you are required to collect sales tax on your products. In New York, the sales tax rate is 4% at the state level and 3.5% at the local level, for a total of 7.5%. You will need to register with the New York State Department of Taxation and Finance and obtain a sales tax permit. You will also need to keep accurate records of your sales, including the names and addresses of your customers, the types and quantities of products sold, and the amount of sales tax collected.