Regulations & Permit Requirements

The Bureau of Community Environmental Health and Food Protection maintains Part 14 of the New York State Sanitary Code, which contains the regulations for various food service establishments in New York State. Some local health departments may have their own regulations in addition to the Subparts below.

  • Subpart 14-1 contains the regulations for Food Service Establishments, such as sit-down restaurants, take out restaurants and schools.
  • Subpart 14-2 contains the regulations for Temporary Food Service Establishments, such as those found at fairs and other community events.
  • Subpart 14-4 contains the regulations for Mobile Food Service Establishments and Foodcarts.
  • Subpart 14-5 contains the regulations for Vending Machines.

Food Service Establishment Permit Requirements

Permits are issued by the county or city health department or State District Office responsible for the area where the food service establishment is located. Please contact your local health department or State District Office for more information. Contact information can be found by using the Department's interactive map.

Selling Home Made Foods

Regulatory requirements vary depending on the type of foods you plan to make and how you plan to sell them. You must contact either the New York State Department of Agriculture and Markets or your local health department or State District Office.

If you plan to make foods such as certain baked goods, jellies or snack mixes, you may qualify for a Home Processor Exemption from the New York State Department of Agriculture and Markets. This will allow you to prepare food in your home kitchen for wholesale or retail sale at agricultural farm venues. See Information for Home Processors from the Department of Agriculture and Markets.

If you plan prepare and sell foods and are not eligible for a Home Processor exemption from the New York State Department of Agriculture and Markets, you will need to obtain a Food Service Establishment permit from your local health department or State District Office. Your home kitchen cannot be used, however a separate kitchen located in your residence may be acceptable. Contact your local health department or State District Office for additional guidance. Contact information can be found by using the Department's interactive map.