Food trucks in New York
New York regulates food trucks, trailers and carts as mobile food service establishments and pushcarts under Subpart 14-4 of the State Sanitary Code, maintained by the New York State Department of Health. There is no single statewide permit: the local health department where you operate issues it. That is a county or city health department in most of the state, a State Health Department district office in the 21 counties/cities without their own program, and the NYC Department of Health and Mental Hygiene in New York City.
Read the full guide: how to get a food truck permit in New York →
Who issues food truck permits in New York
State and local health departments
State Sanitary Code section 14-4.95 requires every mobile food service establishment and pushcart to be serviced only at a permitted commissary, at least every 72 hours for mobile units and at least daily for pushcarts. In New York City, carts and trucks must be stored at an approved commissary or depot when not in use and returned at least once each day. A Commissary Agreement must be shown at the DOHMH pre-permit inspection. Source ↗
Register through New York Business Express at least 20 days before you begin business and get a Certificate of Authority. You cannot legally make taxable sales until you receive it. A business with no permanent location can attach the certificate to its truck, cart or stand. The state's restaurant bulletin (TB-ST-806) covers street carts and concession stands, so sales of restaurant-type food such as heated food and sandwiches are generally taxable. A temporary certificate is available if you will sell for no more than two consecutive sales tax quarters in a 12-month period. Show and entertainment vendors need a regular certificate. Source ↗
In New York City, the FDNY requires a permit to store, handle or use LPG above 400 standard cubic feet (about 47 lbs). It lists a $105.00 fee for the transportation/mobile food truck permit, as listed on FDNY on 2026-10-03. Mobile food trucks also need the G-23 Certificate of Fitness. The FDNY check covers current vehicle inspection stickers, a DOT number for trucks over 10,000 lbs, hazard signs on the LPG cabinet, at least a 20:B-C fire extinguisher, and secured tanks. Outside New York City, check with the local fire department or code enforcement office for propane and fire safety rules. Source ↗
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Questions and answers
Who issues food truck permits in New York?
The local health department where you operate. In most counties that is the county health department. In 21 counties/cities without their own program, a New York State Department of Health district office issues the permit. In New York City, the NYC Department of Health and Mental Hygiene issues a vendor license and a separate permit for each cart or truck.
Do food trucks in New York need a commissary?
Yes. State Sanitary Code section 14-4.95 requires mobile food units to be serviced at a permitted commissary at least every 72 hours, and pushcarts at least daily. New York City requires carts and trucks to return to an approved commissary at least once each day.
How far ahead should I apply?
The state code says to submit the health permit application at least 21 days before you start operating. The Department of Taxation and Finance says to register for sales tax at least 20 days before you begin business. Local departments may need more time, especially if they review plans first.
Does a permit transfer when I buy a used food truck?
No. Under section 14-4.192 of the state code, permits cannot be transferred from one owner to another or from one unit to another. A sales tax Certificate of Authority also cannot be transferred, so the new owner applies for both.
Sources
Facts checked against official sources on October 3, 2026. Rules change: confirm with the agency before you apply.
- www.health.ny.gov/environmental/indoors/food_safety/regs.htm
- www.health.ny.gov/environmental/water/drinking/doh_pub_contacts_map.htm
- www.health.ny.gov/environmental/water/drinking/distphn.htm
- www.health.ny.gov/environmental/water/drinking/ctyadd1.htm
- regs.health.ny.gov/volume-title-10/1766110734/subpart-14-4-mobile-food-service-establishments-and-pushcarts
- regs.health.ny.gov/content/section-14-4190-permits-applicationissuance-inspection
- regs.health.ny.gov/content/section-14-4192-term-permits-nontransferable
- regs.health.ny.gov/content/section-14-495-commissaries
- www.nyc.gov/site/doh/business/food-operators/mobile-and-temporary-food-vendors.page
- www.nyc.gov/site/fdny/business/all-certifications/per-liquefiedpetroleumgas.page
- www.tax.ny.gov/bus/st/register.htm
- www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/how_to_register_for_nys_sales_tax.htm
- www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/sales_by_restaurants.htm
- dmv.ny.gov/registration/register-and-title-a-vehicle
- www4.erie.gov/clerk/assumed-name-filings
- www3.erie.gov/envhealth/inspections-food-sanitation-services
- www.monroecounty.gov/eh-food
- www.syr.gov/Departments/Central-Permit-Office/Business-Licenses