- At-home bakers must decide on the business structure before getting a general business license as proof of registration. Bakers operating the business alone should register as a sole proprietor at the local county office in New York, while partnerships, corporations and limited-liability bakeries must file with the New York Department of State. Even though the bakery is located in the home of the business owner, it can still be operated as a corporation or limited-liability business.
- A home-based bakery must get local permits to operate in New York. This includes local zoning permits, as not all areas are subject to home-based bakeries. A local county office will inform owners of the home bakery potential in a given home or area. Violating zoning permits leads to fines or business shut-downs. A home-based bakery must also get a permit to produce specific baked goods. According to the New York State Department of Agriculture and Markets, acceptable baked goods include breads, cookies, rolls, brownies and pies. However, products that require refrigeration, such as vegetable breads or jellies, require permits.
- Home-based bakeries must also pass a health inspection conducted by the Division of Food Safety and Inspection, which is a part of the New York State Department of Agriculture and Markets. This is to ensure that all baked goods produced in the home of the baker meet sanitary and health standards set by the Division of Food Safety and Inspection.
- At-home bakery owners are required to file taxes regardless of the business structure registered with the state. Sole proprietors can continue to file taxes under their Social Security number, while corporations and partnerships must file taxes under an employer ID number. The number is also required if the bakery owner has hired employees. Bakers must use the online portal for the SS-4 form on the Internal Revenue Service website to get the ID number immediately.
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