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 Pushcarts.
  • Subpart 14-5 contains the regulations for Vending Machines.

Food Service Establishment Permit Requirements

Permits are issued by the local health department responsible for the area where the food service establishment is located. Please contact the local health department for more information.

Selling Home Made Foods

Regulatory requirements vary depending on the type of foods you plan to make and how you plan to sell them.

  • If you plan to make foods such as certain baked goods, jellies or snack mixes, you may qualify for a Home Processor exemption. This will allow you to prepare food in your home kitchen for wholesale or retail sale at agricultural farm venues.
  • If you plan to prepare and sell foods and are not eligible for a Home Processor exemption, you will need to obtain a Food Service Establishment permit from your local health department. Your home kitchen cannot be used, however a separate kitchen located in your residence may be acceptable.