Food safety regulation in the United States follows a common pattern: the FDA publishes a model Food Code, states adopt some version of it, and county or city health departments enforce it. That means the principles are broadly consistent nationally while the specifics — fees, forms, inspection frequency — are local.
Plan review comes first
For a new or substantially remodelled food facility, most health departments require plan review before construction. You submit drawings showing the layout, equipment, plumbing, finishes and ventilation, and the department approves them before work starts.
Plan review routinely takes weeks, and approval conditions can change the build. Starting construction first and seeking approval later is the most expensive mistake in this process — reworking installed plumbing or finishes to satisfy a condition costs far more than waiting.
What plan review typically looks at
- Sinks — commonly a three-compartment warewashing sink, a separate handwashing sink in each work area, and a dedicated mop sink. This is one of the most frequent causes of a failed review.
- Surfaces — floors, walls and ceilings must be smooth, non-absorbent and cleanable in food preparation areas.
- Refrigeration and hot holding — sufficient capacity to keep food out of the temperature danger zone.
- Ventilation — hood and make-up air over cooking equipment, usually coordinated with the fire authority.
- Grease management — an interceptor or trap, sized to the equipment.
- Water and waste — approved potable supply and proper drainage, including backflow prevention.
The permits themselves
| Permit | Applies to |
|---|---|
| Food facility health permit | Any fixed premises preparing or serving food; the core operating permit |
| Food handler cards | Individual staff who handle food; short course plus a test, renewed periodically |
| Certified food protection manager | At least one person per facility in most states; a longer accredited certification |
| Mobile food facility permit | Trucks, carts and trailers, usually with a separate vehicle inspection |
| Commissary agreement | Commonly required for mobile units — a licensed base for prep, water and waste disposal |
| Temporary event permit | Markets, fairs and pop-ups; per-event and often with short application deadlines |
| Cottage food registration | Low-risk foods made in a home kitchen, where state law allows |
Cottage food laws
Most states allow certain low-risk foods to be made at home and sold, under a cottage food law. The category typically covers things that are shelf-stable and do not require refrigeration for safety — baked goods without cream fillings, jams and jellies, granola, dry mixes, candy.
The limits attached vary considerably by state and commonly include an annual sales cap, restrictions on where you can sell (direct to consumer, sometimes excluding wholesale or online shipping), and specific labelling requirements including a statement that the food was produced in a home kitchen. Anything requiring temperature control for safety — meat, dairy, cooked vegetables, most cheesecakes — falls outside cottage food rules in most states.
Inspections
After opening, expect routine unannounced inspections, with frequency usually tied to risk category. Higher-risk operations — those doing complex preparation of potentially hazardous foods — are inspected more often than a pre-packaged retail operation.
Violations are typically classified by severity. The serious ones cluster in a predictable set:
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Temperature control
Cold holding, hot holding, cooking temperatures and cooling procedures. Cooling is the one most often done wrong — large batches cooled in deep containers do not cool fast enough.
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Handwashing
Accessible sinks, stocked with soap and towels, and actually used. Blocked handwashing sinks are a routine citation.
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Cross-contamination
Raw and ready-to-eat separation in storage and preparation, and sanitised surfaces between tasks.
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Employee health
A written policy excluding staff with specified symptoms or diagnoses, and records showing it is applied.
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Pest control
Evidence of activity, gaps at doors, and a service record.
Questions owners ask
Can I run a food business from my home kitchen?
For products covered by your state's cottage food law, often yes, within its sales and labelling limits. For anything requiring refrigeration for safety, generally no — that needs a permitted commercial kitchen, which may be a shared or rented one.
Do I need a commissary for a food truck?
In most jurisdictions yes. Mobile units are usually not permitted to be self-contained for prep, potable water and waste disposal, so a licensed base is required and the agreement is part of the application.
How long does the whole process take?
It depends on the department and whether construction is involved, but plan review alone is usually measured in weeks. Build the permitting timeline into the lease negotiation — paying rent on a space you cannot legally open is a common and avoidable cost.
Where to check
- FDA Food Code — the model most state codes derive from
- Your county or city health department — the authority that issues and inspects
- Your state department of agriculture, for cottage food rules