S 10674

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10674
                             I N  S E N A T E
                              August 5, 2026
                                ___________
 Introduced by Sens. WEBB, HINCHEY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   licensing of home kitchen operations
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section  1.   Short title. This act shall be known and may be cited as
 the "home kitchen enterprise and economic opportunity act".
   § 2.   Legislative intent. Every day,  New  Yorkers  are  using  their
 skills, talents and creativity to build home kitchen-based businesses to
 provide  unique, quality food products, increasingly sourced using local
 ingredients for direct sale to  consumers,  farmers  markets  and  other
 retail  outlets.  By  practicing  and perfecting their products, many of
 these craft culinary enterprises have succeeded and grown into  thriving
 and  vibrant small businesses, creating jobs and supporting local econo-
 mies and local farmers. It is the legislature's intent that home  kitch-
 en-based  food entrepreneurs should be supported and encouraged in their
 efforts. Homemade food businesses can create significant economic oppor-
 tunities for New Yorkers that need  them  most--including  women,  immi-
 grants,  and  people  of  color, who have historically faced barriers to
 labor force participation and entrepreneurship and  many  of  whom  have
 lost employment in the food industry as a result of the COVID-19 pandem-
 ic.  The home kitchen enterprise and economic opportunity act modernizes
 regulations impacting these enterprises and reduces artificial  barriers
 to business growth, while preserving food safety and public health.
   § 3.  The agriculture and markets law is amended by adding a new arti-
 cle 22-A to read as follows:
                               ARTICLE 22-A
                          HOME KITCHEN OPERATIONS
 SECTION 265. DEFINITIONS.
         266. LICENSES; FEES.
         267. SALES, DELIVERY, DISCLOSURE.
         268. RULES AND REGULATIONS.
         269. INSPECTIONS.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16210-01-6
 S. 10674                            2
   §  265.  DEFINITIONS.  1. "HOME KITCHEN OPERATION" MEANS AN ENTERPRISE
 IN A PRIVATE HOME THAT IS CONTROLLED AND OPERATED  BY  A  RESIDENT  THAT
 STORES, HANDLES, PREPARES AND PACKAGES FOOD FOR CONSUMERS AND THAT MEETS
 ALL OF THE FOLLOWING CONDITIONS:
   (A)  ALL  FOOD  SOLD  OR  OTHERWISE  PROVIDED TO CONSUMERS BY THE HOME
 KITCHEN OPERATION IS READY-TO-EAT FOOD; AND
   (B) DOES NOT PRODUCE:   ALCOHOLIC BEVERAGES; MILK  OR  MILK  PRODUCTS;
 FOOD  ITEMS  CONTAINING  RAW  SHELLFISH; ANY FOOD THAT REQUIRES A HAZARD
 ANALYSIS AND CRITICAL CONTROL POINT PLAN UNDER APPLICABLE FEDERAL, STATE
 OR LOCAL LAW; AND ANY  LOW-ACID  CANNED  FOOD  OR  ACIDIFIED  FOOD  THAT
 REQUIRES  A  SCHEDULED  PROCESS UNDER APPLICABLE FEDERAL, STATE OR LOCAL
 LAW.
   A HOME KITCHEN OPERATION DOES NOT INCLUDE  A  PROCESSOR  OF  HOME-PRO-
 CESSED  FOOD  OPERATING  UNDER  AN  EXEMPTION FROM LICENSING PURSUANT TO
 ARTICLE TWENTY-C OF THIS CHAPTER AUTHORIZED BY THE COMMISSIONER, A  FOOD
 SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, CATERER, OR
 RESIDENTIAL GROUP HOME FACILITY.
   2.  "LICENSED  AREA" MEANS THE KITCHEN OF A PRIVATE HOME AND ANY OTHER
 AREA OF THE HOME USED FOR THE PREPARATION, PACKAGING, STORAGE,  HANDLING
 OR  SANITATION OF FOOD, EQUIPMENT, AND UTENSILS USED IN THE HOME KITCHEN
 OPERATION, INCLUDING REFUSE AND TOILET AREAS.
   3.  "READY-TO-EAT FOOD" MEANS FOOD THAT IS IN A FORM  THAT  IS  EDIBLE
 AND  SAFE  TO  EAT WITHOUT WASHING, COOKING OR ADDITIONAL PREPARATION BY
 THE CONSUMER AND THAT IS REASONABLY EXPECTED TO BE CONSUMED IN THE  FORM
 IN  WHICH  IT  IS  PROVIDED  TO  THE  CONSUMER OR AFTER REHEATING BY THE
 CONSUMER.
   § 266. LICENSES; FEES. 1.  NO PERSON SHALL MAINTAIN OR OPERATE A  HOME
 KITCHEN OPERATION UNLESS LICENSED BY THE COMMISSIONER. APPLICATION FOR A
 LICENSE  TO  OPERATE  A HOME KITCHEN OPERATION SHALL BE MADE UPON A FORM
 PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER MAY REQUIRE A  LICENSEE
 TO RENEW THE LICENSE ANNUALLY.
   2.  A  LICENSE, ONCE ISSUED, SHALL BE NONTRANSFERABLE. A LICENSE SHALL
 BE VALID ONLY FOR THE PERSON AND LOCATION SPECIFIED BY SUCH LICENSE AND,
 UNLESS SUSPENDED OR REVOKED FOR CAUSE, FOR THE TIME PERIOD INDICATED.
   3. THE LICENSE, OR AN ACCURATE COPY THEREOF, SHALL BE RETAINED BY  THE
 OPERATOR  ONSITE  AND MADE AVAILABLE UPON REQUEST TO A REPRESENTATIVE OF
 THE DEPARTMENT.
   4.  THE APPLICANT FOR A HOME KITCHEN OPERATION LICENSE SHALL SUBMIT TO
 THE COMMISSIONER WRITTEN STANDARD OPERATING PROCEDURES THAT INCLUDE  ALL
 OF THE FOLLOWING INFORMATION:
   (A) A LIST OF ALL FOOD TYPES OR PRODUCTS THAT WILL BE HANDLED;
   (B) PROPOSED PROCEDURES AND METHODS OF FOOD PREPARATION AND HANDLING;
   (C)  PROCEDURES,  METHODS,  AND  SCHEDULES  FOR  CLEANING UTENSILS AND
 EQUIPMENT AND FOR THE DISPOSAL OF REFUSE;
   (D) HOW FOOD WILL BE MAINTAINED AT SAFE HOLDING  TEMPERATURES  PENDING
 PICKUP BY CONSUMERS OR DURING DELIVERY;
   (E) DAYS AND TIMES THAT THE HOME KITCHEN MAY BE USED AS A HOME KITCHEN
 OPERATION.  THE  STATED DAYS AND TIMES SHALL BE FOR INFORMATION PURPOSES
 AND NOT BINDING ON THE LICENSEE.
   5. THE COMMISSIONER SHALL ISSUE A LICENSE AFTER AN INITIAL  INSPECTION
 HAS  DETERMINED  THAT THE PROPOSED HOME KITCHEN OPERATION AND ITS METHOD
 OF OPERATION COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE.  THE  INITIAL
 INSPECTION MAY BE CONDUCTED REMOTELY VIA VIDEOCONFERENCE TECHNOLOGY.
   6.  THE  COMMISSIONER  SHALL  PROVIDE  THE OPERATOR THE OPPORTUNITY TO
 UPDATE THE FOOD TYPES AND PRODUCTS HANDLED WITHOUT REQUIRING THE  OPERA-
 TOR TO SUBMIT A NEW LICENSE APPLICATION.
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   7. THE COMMISSIONER MAY CHARGE A LICENSE FEE NOT TO EXCEED ONE HUNDRED
 SEVENTY-FIVE DOLLARS.
   8. THE COMMISSIONER MAY DECLINE TO GRANT A NEW LICENSE, MAY DECLINE TO
 RENEW  A  LICENSE,  AND  MAY SUSPEND OR REVOKE A LICENSE ALREADY GRANTED
 AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING WHENEVER HE  OR  SHE  FINDS
 THAT:
   (A)  ANY STATEMENT CONTAINED IN AN APPLICATION FOR A LICENSE IS OR WAS
 FALSE OR MISLEADING;
   (B) THE HOME KITCHEN OPERATION DOES NOT HAVE FACILITIES  OR  EQUIPMENT
 SUFFICIENT TO MAINTAIN ADEQUATE SANITATION FOR THE ACTIVITIES CONDUCTED;
   (C)  THE HOME KITCHEN OPERATION IS NOT MAINTAINED IN A CLEAN AND SANI-
 TARY CONDITION OR IS NOT OPERATED IN A SANITARY MANNER;
   (D) THE MAINTENANCE AND OPERATION OF THE  HOME  KITCHEN  OPERATION  IS
 SUCH THAT THE FOOD PRODUCED THEREIN IS OR MAY BE ADULTERATED;
   (E)  THE  HOME  KITCHEN OPERATION HAS FAILED OR REFUSED TO PRODUCE ANY
 RECORDS OR PROVIDE ANY INFORMATION DEMANDED BY THE COMMISSIONER  REASON-
 ABLY RELATED TO THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE; OR
   (F)  THE  HOME  KITCHEN OPERATION HAS FAILED TO COMPLY WITH ANY OF THE
 PROVISIONS OF THIS ARTICLE OR RULES AND REGULATIONS PROMULGATED PURSUANT
 THERETO.
   § 267. SALES, DELIVERY, DISCLOSURE. 1.   HOME KITCHEN  OPERATIONS  MAY
 SELL OR OTHERWISE PROVIDE FOOD DIRECTLY TO CONSUMERS ONLY AND NOT TO ANY
 FOOD  RESELLER.    HOME KITCHEN OPERATIONS MAY NOT SELL OR DELIVER THEIR
 FOOD TO CONSUMERS OUTSIDE NEW YORK.
   2. HOME KITCHEN OPERATIONS MAY SELL FOOD TO  CONSUMERS  IN  PERSON  OR
 REMOTELY  BY  TELEPHONE,  EMAIL OR INTERNET WEBSITE, INCLUDING THROUGH A
 THIRD-PARTY'S INTERNET WEBSITE OR MOBILE APPLICATION. FOOD FROM  A  HOME
 KITCHEN  OPERATION  MAY BE DELIVERED TO CONSUMERS BY THE OPERATOR, BY AN
 EMPLOYEE OR AGENT OF THE OPERATOR, OR BY A THIRD-PARTY DELIVERY SERVICE.
   3. HOME KITCHEN OPERATIONS SHALL PROVIDE THE FOLLOWING INFORMATION  TO
 THE  CONSUMER  IN  A  CLEAR AND CONSPICUOUS MANNER ON A LABEL AFFIXED TO
 FOOD THAT IS SOLD IN A PACKAGE OR CONTAINER, ON A SIGN AT THE  POINT  OF
 SALE  IF  THE  FOOD  IS  NOT  SOLD IN A PACKAGE OR CONTAINER, AND ON ANY
 WEBPAGE OR MOBILE APPLICATION WHERE THE FOOD CAN BE ORDERED:
   (A) THE NAME, LICENSE NUMBER, AND TELEPHONE NUMBER OF THE HOME KITCHEN
 OPERATION THAT PREPARED THE FOOD;
   (B) THE COMMON OR USUAL NAME OF THE FOOD ITEM;
   (C) IF A FOOD ITEM CONTAINS MORE THAN ONE INGREDIENT, A  LIST  OF  ITS
 INGREDIENTS IN DESCENDING ORDER OF PREDOMINANCE BY WEIGHT; AND
   (D) THE FOLLOWING STATEMENT: "MADE IN A HOME KITCHEN."
   §  268.  RULES  AND  REGULATIONS. 1. BY NO LATER THAN DECEMBER THIRTY-
 FIRST, TWO THOUSAND  TWENTY-SEVEN,  THE  COMMISSIONER  SHALL  PROMULGATE
 RULES  AND  REGULATIONS TO IMPLEMENT THIS ARTICLE.  SUCH RULES AND REGU-
 LATIONS MAY INCLUDE PROVISIONS RELATING TO  LICENSING  OF  HOME  KITCHEN
 OPERATIONS,  HYGIENE, SANITATION, APPROVED SOURCES OF FOOD, TRAINING AND
 RECORDKEEPING.
   2. THE REGULATIONS PROMULGATED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL INCLUDE REQUIREMENTS FOR SANITATION IN HOME KITCHEN OPER-
 ATIONS THAT SHALL:
   (A) APPLY ONLY TO THE LICENSED OPERATIONS AND  LICENSED  AREA  OF  THE
 HOME;
   (B)  BE  REASONABLY  NECESSARY  TO  ENSURE  FOOD SAFETY AND REASONABLY
 FEASIBLE FOR ORDINARY HOME KITCHEN FACILITIES;
   (C) NOT REQUIRE HOME KITCHEN OPERATIONS TO HAVE OR TO  USE  FACILITIES
 OR EQUIPMENT NOT ORDINARILY USED IN PRIVATE HOMES; AND
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   (D)  NOT  PREVENT  OR  RESTRICT PERSONS WHO LIVE IN THE HOME AND THEIR
 GUESTS FROM ACCESSING AND BEING PRESENT IN THE LICENSED AREA WHILE  FOOD
 FOR  THE  HOME  KITCHEN  OPERATION IS BEING STORED, HANDLED, PREPARED OR
 PACKAGED, SO LONG AS SUCH PERSONS ARE SUPERVISED BY THE LICENSED  OPERA-
 TOR  AND NOT KNOWN TO HAVE SYMPTOMS OF ACUTE GASTROINTESTINAL ILLNESS OR
 TO BE INFECTED WITH A DISEASE THAT IS TRANSMISSIBLE THROUGH FOOD.
   3. IF FOOD SAFETY TRAINING IS REQUIRED, THE COMMISSIONER SHALL  ENSURE
 THAT  THE TRAINING CONTENT AND ANY REQUIRED EXAMINATION ARE AVAILABLE IN
 LANGUAGES OTHER THAN ENGLISH THAT ARE COMMONLY SPOKEN BY NEW YORK  RESI-
 DENTS AS THEIR PRIMARY LANGUAGE.
   4.  REGULATIONS  ADOPTED  BY  THE  COMMISSIONER  MAY REQUIRE THAT HOME
 KITCHEN OPERATIONS COMPLY WITH RETAIL FOOD STORE SANITATION REGULATIONS,
 PROVIDED THAT HOME KITCHEN OPERATIONS SHALL BE EXEMPT FROM ANY  REQUIRE-
 MENTS THAT DO NOT MEET THE CRITERIA OF SUBDIVISION TWO OF THIS SECTION.
   5.  A  HOME  KITCHEN  OPERATION  SHALL COMPLY WITH THE RULES AND REGU-
 LATIONS ADOPTED BY THE COMMISSIONER UNDER THIS ARTICLE.
   § 269. INSPECTIONS. 1.  AFTER THE INITIAL INSPECTION FOR  PURPOSES  OF
 DETERMINING  LICENSE  ELIGIBILITY,  A  HOME  KITCHEN  OPERATION SHALL BE
 SUBJECT TO INSPECTIONS ONLY IN THE FOLLOWING THREE CIRCUMSTANCES:
   (A) NOT MORE THAN ONCE IN ANY TWELVE-MONTH PERIOD, THE DEPARTMENT  MAY
 CONDUCT  A  ROUTINE INSPECTION FOR THE PURPOSE OF OBSERVING THE OPERATOR
 ENGAGED IN THE USUAL ACTIVITIES OF A HOME KITCHEN OPERATION,  INCLUDING,
 BUT  NOT  LIMITED  TO,  ACTIVE  FOOD  PREPARATION.  THE DEPARTMENT SHALL
 PROVIDE NOTICE TO AN OPERATOR BEFORE  A  ROUTINE  INSPECTION  AND  SHALL
 CONDUCT  THE  ROUTINE  INSPECTION AT A MUTUALLY AGREEABLE DATE AND TIME.
 THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE THE DEPARTMENT TO  CONDUCT
 A ROUTINE INSPECTION.
   (B)  A FOR-CAUSE INSPECTION MAY BE CONDUCTED WHEN THE DEPARTMENT HAS A
 VALID REASON, SUCH AS A CREDIBLE CONSUMER  COMPLAINT,  TO  SUSPECT  THAT
 ADULTERATED  OR  OTHERWISE  UNSAFE  FOOD  HAS  BEEN PRODUCED BY THE HOME
 KITCHEN OPERATION OR THAT THE HOME KITCHEN OPERATION HAS OTHERWISE  BEEN
 IN  VIOLATION OF THIS ARTICLE. THE DEPARTMENT SHALL PROVIDE NOTICE TO AN
 OPERATOR BEFORE CONDUCTING A FOR-CAUSE INSPECTION AND SHALL CONDUCT  THE
 INSPECTION AT A MUTUALLY AGREEABLE DATE AND TIME.
   (C)  IF THE DEPARTMENT HAS JUST CAUSE TO BELIEVE THAT THE HOME KITCHEN
 OPERATION POSES A SERIOUS HAZARD OR IMMEDIATE THREAT TO  PUBLIC  HEALTH,
 THE  DEPARTMENT  MAY  CONDUCT AN EMERGENCY INSPECTION THAT IS LIMITED TO
 THE FACTS PROMPTING THE INSPECTION. THE  DEPARTMENT  SHALL  PROVIDE  THE
 OPERATOR  WITH  ADVANCE  NOTICE OF AN EMERGENCY INSPECTION TO THE EXTENT
 THAT IT IS REASONABLE TO DO SO UNDER THE CIRCUMSTANCES.
   2. THE DEPARTMENT MAY INSPECT ONLY  THE  LICENSED  AREA  OF  THE  HOME
 KITCHEN  OPERATION  FOR  THE  PURPOSE OF ENFORCING OR ADMINISTERING THIS
 ARTICLE.
   § 4. 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; HOME
 KITCHEN OPERATIONS  LICENSED  BY  THE  COMMISSIONER  UNDER  SECTION  TWO
 HUNDRED  SIXTY-SIX  OF THIS CHAPTER; those operations which cut meat and
 sell such meat at retail on the premises; bottled and bulk water facili-
 S. 10674                            5
 ties; those food processing establishments which are covered by articles
 four, four-a, five-a, five-b,  five-c,  five-d,  seventeen-b,  nineteen,
 [twenty-b,] and twenty-one 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  main-
 tains  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 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.
   §  5.  Subdivisions  1  and  2 of section 500-a of the agriculture and
 markets law, as amended by chapter 459 of the laws of 2025, are  amended
 to read as follows:
   1. "Food service establishment" means any place where food is prepared
 and  intended  for  individual portion service, and includes the site at
 which individual portions are provided, whether consumption occurs on or
 off the premises, or whether or not there is a charge for the food.  THE
 TERM "FOOD SERVICE ESTABLISHMENT" DOES NOT INCLUDE A HOME KITCHEN OPERA-
 TION LICENSED BY THE COMMISSIONER UNDER SECTION TWO HUNDRED SIXTY-SIX OF
 THIS CHAPTER.
   2. "Retail food store" means any establishment or section of an estab-
 lishment where food and food products are offered to  the  consumer  and
 intended for off-premises consumption. The term "RETAIL FOOD STORE" does
 not  include  HOME KITCHEN OPERATIONS LICENSED BY THE COMMISSIONER UNDER
 SECTION TWO HUNDRED SIXTY-SIX  OF  THIS  CHAPTER,  establishments  which
 handle  only  pre-packaged,  non-potentially  hazardous  foods, roadside
 markets that offer only fresh fruits and fresh vegetables for sale, food
 service establishments, or food and beverage vending machines.
   § 6.  This act shall take effect immediately.