New York Commissary Use Agreement & Inspection

NYC and New York State commissary use agreement and inspection documentation, covering the mandatory servicing arrangement that DOHMH requires as a condition of MFVU permit issuance and renewal.

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What this document covers

New York requires all food trucks to operate from an approved commissary or servicing facility. In NYC, the DOHMH is particularly strict — the commissary must hold a valid DOHMH food service establishment permit, must be inspected and approved for MFVU servicing, and the arrangement must be documented in a signed commissary agreement submitted with your MFVU permit application. NYC commissaries face their own inspection regime, and a commissary that loses its DOHMH permit jeopardizes every food truck operating from it. The NYC commissary market is competitive and expensive due to limited supply and high demand from the city's large food truck fleet. Outside NYC, New York State requires similar commissary arrangements under the State Sanitary Code, but enforcement and specific requirements vary by county. This document covers both the NYC and state-level commissary requirements, agreement templates, and inspection preparation.

Key sections included

DOHMH commissary approval requirements
Commissary agreement template for MFVU permit
Required commissary services and facilities
Commissary inspection standards
Servicing schedule and documentation
NYC vs. state commissary requirements
Emergency backup commissary planning
Commissary cost management strategies

Frequently asked questions

How much does a commissary cost in NYC?

NYC commissary costs range from $800–$2,500+ per month depending on location (Manhattan vs. outer boroughs), services included, storage allocation, and access hours. Brooklyn and Queens commissaries tend to be less expensive than Manhattan. Shared commissary spaces with scheduled access are the most affordable option.

Can I use a restaurant as my commissary in NYC?

Yes, if the restaurant holds a valid DOHMH food service establishment permit and can provide the required servicing facilities. This is a common arrangement, especially for food truck operators who also own or have a relationship with a restaurant. The restaurant must agree to the commissary letter and understand they may be inspected as a commissary facility.

What happens during a DOHMH commissary inspection?

DOHMH inspects commissaries that serve MFVUs for adequate water supply, proper wastewater disposal, food storage conditions (temperature, separation, labeling), equipment cleaning facilities, pest control, and overall sanitation. Violations at your commissary can trigger a review of all MFVU permits operating from that location.

Document details

State: New York
Legal basis: NYC Health Code Article 89 §89.27; 24 RCNY §6-07; New York State Sanitary Code 10 NYCRR Part 14-2.16
Enforced by: NYC Department of Health and Mental Hygiene (DOHMH); New York State Department of Health
Penalty for absence: MFVU permit denial or revocation. DOHMH critical violation: fines of $200–$2,000 per offense. Operating without an approved commissary arrangement can result in immediate permit suspension. If commissary loses DOHMH approval, all associated food trucks must cease operations until a new arrangement is documented.
Category: Licensing & Permits

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