New York A 5836: Enacts the "homegrown foods act" to permit the sale of certain homegrown food products without a license under certain conditions

Bill Text

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A05836 Summary:

BILL NOA05836A

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SAME ASNo Same As

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SPONSORGray

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COSPNSR

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MLTSPNSR

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Ren §251-z-13 to be §251-z-14, add §251-z-13, Ag & Mkts L

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Enacts the homegrown foods act to exempt the production and sale of certain homegrown food products grown and processed by a food processing establishment at or in a private residence from certain food processing licensure requirements where the food is sold directly to consumers and total sales do not exceed $12,500.

Go to top A05836 Actions:

BILL NOA05836A

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02/24/2025referred to agriculture

05/20/2025held for consideration in agriculture

01/07/2026referred to agriculture

05/26/2026amend and recommit to agriculture

05/26/2026print number 5836a

Go to topA05836 Committee&nbspVotes:

Committee:AGRICULTURE Chair:Lupardo 
DATE:05/20/2025AYE/NAY:16/7 Action: Held for Consideration LupardoAyeTagueNay

RosenthalAyeBlankenbushNay

BarrettAyeHawleyNay

StirpeAyeFitzpatrickNay

WoernerAyeMillerNay

JonesAyeLemondesNay

WilliamsAyeGiglioNay

ButtenschonAye

KellesAye

SeptimoAye

ZinermanAye

CruzAye

CunninghamAye

RagaAye

KayAye

SchiavoniAye

Go to topA05836 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05836 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5836--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 24, 2025
 ___________

 Introduced by M. of A. GRAY -- read once and referred to the Committee
 on Agriculture -- recommitted to the Committee on Agriculture in
 accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "homegrown foods act".
 3 § 2. Section 251-z-13 of the agriculture and markets law, as renum-
 4 bered by chapter 665 of the laws of 2005, is renumbered section 251-z-14
 5 and a new section 251-z-13 is added to read as follows:
 6 § 251-z-13. Exemption from licensing for homegrown food products. 1.
 7 Definition. For the purposes of this section, "homegrown food products"
 8 shall refer to any food product grown or processed in an individual's
 9 private residence or on their personal property, and may include, but is
 10 not limited to, fruits, vegetables, jams, jellies, baked goods, dried
 11 fruits, pickles, honey, and similar non-potentially hazardous foods.
 12 2. Exemption from licensing for homegrown food products. Notwith-
 13 standing any provisions of law to the contrary, food processing estab-
 14 lishments which grow and process homegrown food products at a private
 15 residence or property for direct sale to consumers shall be exempt from
 16 any licensure requirements under this article if:
 17 a. The total annual income from the sale of such homegrown food
 18 products does not exceed twelve thousand five hundred dollars;
 19 b. The sales occur directly to consumers at local farmers markets, or
 20 through direct-to-consumer sales at such residence or residential prop-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09908-02-6

 A. 5836--A 2

 1 erty or other locations authorized by the commissioner in regulation;
 2 and
 3 c. The food products are not potentially hazardous and are produced in
 4 compliance with food safety standards as established by the department.
 5 3. Permissible foods for sale. Food processing establishments which
 6 grow and process homegrown food products may sell the following food
 7 products:
 8 a. Jams, jellies, and preserves.
 9 b. Baked goods, such as bread, cakes, cookies, and pastries.
 10 c. Dried fruits, vegetables, herbs, and spices.
 11 d. Honey and other similar bee products.
 12 e. Pickles, sauerkraut, and other fermented foods.
 13 f. Granola, trail mixes, and dry mixes.
 14 g. Vinegar, mustard, and condiments that are not potentially hazard-
 15 ous.
 16