Commissary Kitchen Agreement Template

Standardized agreement template for commissary kitchen use covering access hours, storage allocation, shared equipment liability, and health department compliance requirements.

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What this document covers

Most jurisdictions require food trucks to operate from a licensed commissary kitchen — a fixed, inspected commercial kitchen where you prep food, store supplies, dispose of wastewater, and clean your truck. The commissary agreement is a critical business document that defines your relationship with the kitchen operator. A poorly drafted agreement can leave you without kitchen access before a major event, liable for another vendor's health violations, or paying for storage you cannot access. This template covers access schedules, storage allocation, shared equipment responsibilities, insurance requirements, health department compliance, wastewater and grease disposal, and termination procedures — protecting both parties in this essential food truck business relationship.

Key sections included

Access hours and scheduling
Storage allocation (dry, refrigerated, frozen)
Shared equipment use and liability
Wastewater and grease trap disposal
Health department compliance responsibilities
Insurance and indemnification
Termination and notice requirements
Rent, fees, and payment terms

Frequently asked questions

Do I legally need a commissary kitchen?

In most jurisdictions, yes. California, New York, Florida, and many other states require food trucks to operate from a licensed commissary. Some jurisdictions allow self-certified commissary arrangements if you have a fixed commercial kitchen, but this is the exception.

What should I look for when choosing a commissary?

Prioritize: 24-hour access (or hours matching your event schedule), adequate cold storage for your volume, proximity to your regular operating locations, wastewater dump station, and a health department inspection record you can verify. Ask about other vendors sharing the space — overcrowding is a common problem.

Can my commissary agreement affect my mobile food permit?

Absolutely. Health departments typically require a signed commissary letter as part of your permit application. If your commissary agreement is terminated or the commissary loses its license, your mobile food vendor permit may be suspended until you secure a new arrangement.

Document details

Legal basis: FDA Food Code 2022 §8-201.13(B); state and local health department mobile food vendor regulations; UCC Article 2 (leases)
Enforced by: State and local health departments; contract law
Penalty for absence: No direct legal penalty for lacking a formal agreement, but most jurisdictions require a commissary letter as part of mobile food vendor permit applications. Without a signed agreement, you risk permit denial, unexpected access revocation, liability for shared-space violations, and business disruption.
Category: Operations

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