The Department currently issues licenses to a variety of food-based businesses or establishments in New York State. The type of licenses issued are dependent on the food processing done at the establishment. Licenses can range from complex operations associated with the manufacturing, processing, handling, rendering, and/or packaging of various types of food, to the storing or sale of closed/sealed foods and beverages.
If you are seeking a license for a food service establishment, read below to determine what kind of establishment you have and what kind of license you need.
Article 20-C Food Processing Establishment licenses apply to food manufactures, processing plants, wholesale bakeries, and retail food establishments (i.e. grocery stores) that conduct any type of food preparation including but not limited to meat and cheese slicing, heating foods, sandwich making, operating beverage dispensing machines, and preparing sushi, salad bars, or other ready-to-eat exposed food packaging activity.
If your establishment processes food through one of the methods below, you need an Article 20-C Food Processing Establishment license. Note: this list is not exhaustive.
Note: If you have a food service operation (such as a restaurant, café, pizza shop), contact your local health department.
The following processing facilities are exempt from 20-C Licensing. These facilities must still adhere to good manufacturing practices (GMPs).
See 1 NYCRR: 276.4 for further details.
This application is for food manufactures, processing plants, wholesale bakeries and retail food establishments (i.e., grocery stores) that conduct any type of food preparation including but not limited to, meat and cheese slicing, heating foods, sandwich making, operating beverage dispensing machines, and preparing sushi, salad bars, or other ready to eat exposed food packaging activity.
This license applies to any retail food store within New York where food and food products are offered to the consumer and intended for off-premises consumption and conducts no food processing as defined in the "food processor" section above. This includes stores that sell fluid milk, shell eggs, and refrigerated meats.
Have you ever wondered what a food safety inspection with the Department is like? Watch one of our food inspectors on a routine visit to a Stewart's Shop in the video below.
Alternative Text Alternative Text Video: Food Safety InspectionThis application is for any Retail Food Store within New York where food and food products are offered to the consumer and intended for off-premises consumption and conducts no food processing. This includes stores which sell fluid milk, shell eggs and refrigerated meats.
This is an official compilation of New York State codes, rules, and regulations pertaining to retail food stores.
This license applies to any food warehouse facility within New York in which food is held for commercial distribution. If you are a warehouse that stores/distributes food (excluding Raw Agriculture Commodities (RACs), you need a 28-D license.
This application is for any food warehouse facility within New York in which food is held for commercial distribution.
This license applies to any business that receives distress or damaged food or food use products for reconditioning, culling, and/or sorting for the purpose of resale of satisfactory products. If you are a food salvager, you need a 17-B license.
This application is for a business that receives distress or damaged food or food use products for reconditioning, culling, and/or sorting for the purpose of resale of satisfactory products.
This license applies to a facility that offers refrigerated storage space for rent in their building for the storage of food commodities or produce owned by other businesses. The commodities being held must be lot coded and not held for over two years without approval for extended storage.
Note: 'Produce only' facilities pay a reduced license fee.
If you own a refrigerated warehouse or locker that stores/distributes refrigerated foods, you need a 19 license.
This application is for a facility that offers refrigerated storage space for rent in their building for the storage of food commodities or produce owned by other businesses.
This license applies to disposal plants that process animals or inedible meat for other than human consumption.
It also applies businesses that operate a transportation service for the purpose of transporting for hire unprocessed animal bodies or meat products not intended for human consumption.
This application is for disposal plants that process animals or inedible meat for other than human consumption.
This license is for businesses that operate a transportation service for the purpose of transporting for hire unprocessed animal bodies or meat products not intended for human consumption.
The New York State Department of Agriculture and Markets' Article 5A Slaughterhouse License is required for the slaughter and processing of amenable poultry species, and non-amenable poultry and red meat animals.
Amenable- means animal species that are required to be slaughtered under United States Department of Agriculture (USDA) inspection to be distributed for sale or further processing.
Amenable poultry species include chickens, turkeys, ducks, geese, guineas, ratites and squabs.
Non-amenable species include quail, pheasant, bison, buffalo, rabbit, captive-raised deer and emu.
USDA amenable red meat species cannot be slaughtered or processed under the Article 5A Slaughterhouse License. Species prohibited from Article 5A slaughter include cattle, sheep, goats, lamb, swine, equine and siluriform (catfish).
Questions related to slaughter of these species can be addressed by USDA here: Inspection of Meat Products | Food Safety and Inspection Service (usda.gov)
In lieu of federal bird-by-bird inspection, the USDA provides and regulates several exemptions from federal inspection for those who wish to process amenable poultry. The USDA Table of Exemptions and additional information can be found here .
Things to consider when choosing a USDA exemption-
A business can only operate under one exemption and the provisions of that exemption at any given time.
After reviewing all the packet material, here is what must be submitted together for review:
Mail the checklist, zoning letter, floor plan and water test (when applicable) to the NYAGM regional office which covers your county. The list of offices is in the packet.
Once the packet is approved and application is provided, the next step will be to submit your application and call to schedule a preoperative inspection when the firm is ready. The general timeframe from scheduling to inspection is approximately two business weeks.
After satisfactory inspection, the firm may begin licensable processing activities. Your Article 5A license will be mailed to the mailing address on your application.
Any person who slaughters not more than two hundred fifty turkeys or an equivalent number of birds of all other species raised by him on his own farm during the calendar year for which an exemption is sought (four birds of other species shall be deemed the equivalent of one turkey), provided that such person does not engage in buying or selling poultry products other than those produced from poultry raised on their own farm is exempt from Article 5A licensing requirements.
Section 96-d of the Article 5A regulation identifies animal slaughter activities which are exempt from the licensing requirement.
1000 Bird Producer/Grower Exemption is found in both Article 5A regulations and the USDA Table of Exemptions.
The NYAGM current policy for 1000 bird Producer/Growers is as follows:
Interested parties can complete the 1000 Bird Producer/Grower exemption form and mail to the New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, attention Food Safety.
You can email the completed registration to: [email protected] .
Q-:Can I sell my amenable poultry products out of state?
A: No. Amenable species of poultry slaughtered in a 5A licensed slaughterhouse or license exempt producer/grower can only distribute product in-state.
Q: Can I sell my non-amenable animal products out of state?
A: Non-amenable animal product can cross state lines, but the incoming state has the authority to determine what they consider to be an approved product source.
Q: If I hold a 5A slaughterhouse license and a 20-C food processing license, can I use the amenable poultry slaughtered in my 20-C business?
A: It depends on the specific activities conducted. 5A licensed slaughterhouses operating under the Producer/Grower or Small Enterprise 20,000 bird limit exemptions are permitted per USDA exemption to sell to, or use in their own retail business, amenable poultry. The Producer/Grower/Other Person (PGOP) 20,000 bird limit exemption does not allow sales to retail stores. They can however use their amenable slaughtered poultry in their own (same ownership) retail business. Live bird markets cannot sell to retail businesses or use amenable poultry in a retail business they own.
Q: Can I slaughter rabbits under the 1000 bird producer/Grower exemption?
A: Rabbits cannot be slaughtered or processed under the exemption. Exotic species, such as rabbits can be slaughtered in an Article 5A licensed slaughterhouse.
Q: Can I process wild game (e.g.: hunted deer) in my 5a licensed slaughterhouse?
A: Only captive raised deer can be slaughtered and offered for sale. Game animals can be slaughtered in a 5a facility for the owner’s personal consumption during non-licensable business hours or when completely segregated from licensable activities. Ask your inspector about obtaining a Game Animal Variance.
Q: What if I only plan to custom slaughter wild game for the animal owner?
A: No license is needed for this type of service. This product may not be offered for sale, and the entire processed animal parts must be returned to the animal owner.
Please contact John Arnold at (518) 457-0378, or [email protected] with any questions.
