New York Statewide Rule
New York Food Truck Permits Required Under State Sanitary Code
Key Facts
- Governing rule
- 10 NYCRR § 14-4.190
- Permit issuer
- Local health department
- Apply before opening
- At least 21 days
- Frozen dessert fee
- $25 (PHL §225(5)(s))
- Display
- Permit shown to consumers
Summary
Every mobile food service establishment and pushcart in New York needs a valid permit from the local health department before operating, under Subpart 14-4 of the State Sanitary Code. Apply at least 21 days before opening.
(a) A valid permit issued by the permit-issuing official having jurisdiction is required for lawful operation of a mobile food service establishment or pushcart. This permit is to be prominently displayed where it can be seen by the consumer. ... (c) Not less than 21 days before starting operation, an application for a permit is to be submitted to the permit-issuing official having jurisdiction. This application is to be completed in full on forms acceptable to the permit-issuing official.
Full Breakdown
New York's State Sanitary Code, 10 NYCRR Section 14-4.190, makes a valid permit mandatory for lawful operation of any mobile food service establishment or pushcart, and requires it to be displayed where consumers can see it. The operator must file a complete application, listing every food to be served, at least 21 days before starting operation with the permit-issuing official: the local health commissioner or health officer acting under Public Health Law Section 352. Establishments selling retail frozen desserts pay an additional $25 permit fee set by Public Health Law Section 225(5)(s).
Violations & Penalties
Operating a mobile food unit without a valid permit is unlawful. The local health department reviews the application, inspects the unit, and can refuse or revoke the permit, barring operation until the establishment complies.
Frequently Asked Questions
Do I need a state permit to run a food truck in New York?
How far in advance must I apply?
Sources
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