Food Service Establishments
Saratoga County Department of Health regulates food services in accordance with New York Sanitary Code, Subpart 14-1 Food Service Establishments . A food service is any operation where food is prepared and served to the public and includes the site at which the individual portions are provided, whether consumption occurs on or off the premises. This includes restaurants and take-out facilities. Saratoga County Department of Health works hard to ensure that all food service establishments in Saratoga County are clean, safe, and compliant with all food safety and sanitary requirements.
- Food safety
- Cleaning and sanitization
- Pest control
- Employee hygiene
- Equipment and facilities
- Food storage
- Food source
- Cross-contamination
- Water source and quality
You need a permit if you are preparing, handling, or serving food or beverages for the public. This applies whether consumption occurs on or off the premises (i.e. take-out restaurants). Any advertisement of the food service to the public would mean a permit is required.
Examples of activities that require a food permit:
- Restaurant operations
- Community celebrations
- Sports events
- Churches holding events off their property
- A company that prepares food and serves it at events like weddings
- Fundraisers
- Craft fairs/Festivals
- Mobile food truck, trailers, or push carts serving food in Saratoga County
The following activities are exceptions and do not require a food permit:
- Food prepared and served by members of a group for members of the group.
- Examples include a private wedding that does their own food preparation, a party or potluck where partygoers make and share food, a church activity for members.
- Serving only unopened commercially packaged items.
- Examples include selling only manufacturer sealed bagged chips, candy bars in the wrapper, and bottled soda.
- Serving packaged items listed under a Home Processing License from the Department of Agriculture and Markets.
- Example includes selling wrapped, individually portioned dry baked goods such as cookies and brownies made at home.
- How do I get a Home Processing License? Visit the Department of Agriculture and Markets webpage to see if you qualify.
- Food Service Establishment permit: If you have a brick-and-mortar restaurant, the food service establishment may be the most appropriate permit. This is defined as a place where food is prepared and intended for individual portion service and includes the site at which the individual portions are provided, whether consumption occurs on or off the premises. This includes restaurants and take-out facilities.
- Catering Permit: If you provide food at the premises of the consumer, the catering permit may be the most appropriate permit. This is defined as an operation that prepares and/or provides food intended for individual portion service at facilities other than their own, i.e. banquets, conferences, parties. For more information, please read the Definitions of food service establishment and caterer.
- Mobile Food Service Permit: If you have a mobile food truck, trailer, or pushcart, the mobile food service may be the most appropriate permit. This is defined as a self-contained food service operation located in a vehicle, movable stand or a pushcart that is used to store, prepare, display, or serve food intended for individual portion service. For more information, please read the New York State Sanitary Code, Subpart 14-4, Mobile Food Service Establishments.
- Temporary Food Service Permit: If you provide food for an event, the temporary food service permit may be the most appropriate permit. This is defined as an operation where food is served to the public at a fixed location during a single event of not more than 14 consecutive days. If you have a valid catering or mobile food service permit to operate in Saratoga County, you do not need a temporary food service permit to provide food for an event in Saratoga County. For more information, please read the New York State Sanitary Code, Subpart 14-2, Temporary Food Service Establishments.
- Food Safety Training- Currently Saratoga County does not require Food Safety Training. However, be aware that NYS plans to adopt the Federal Drug Administration Model Food Code in the future, and at that time, all food services will be required to obtain a valid certificate from an approved provider.
For the latest food service inspection reports, please visit Open Data NY.
To apply to open a new food service in Saratoga County please complete a Notice of Intent to Construct, Enlarge, or Convert a Facility.
Upon reviewing the Notice of Intent, staff will contact you to discuss next steps.
You can apply for your permit online using Saratoga County’s Citizen Portal.
- Create a secure online account for Saratoga County or login into an existing account.
- Select Food Service Establishment Permit Application.
- Complete the online application and upload the required documents.
- Pay by debit, credit card, or e-check.
Catering
A catering operation is an operation that prepares and/or provides food for individual portion service at the location of the consumer. A caterer is considered a food service establishment operator and is required to operate in conformance with New York State Sanitary Code, 14-1 Food Service Establishments.
- List of sample menu items
- Food handling and preparation- including proper temperature maintenance
- Transportation of food and delivery (if applicable)
- Employee hygiene
- Dishwashing procedures
- Provisions for handwashing
- Waste disposal
- Equipment maintenance and condition
- General facility cleanliness
- Food labeling, packaging, and storage
To report a violation or unsafe conditions please call the Saratoga County Department of Health at (518) 584-7460 or email us at en***********@sa**************.gov.
Upon reviewing the Notice of Intent, staff will contact you to discuss next steps.
Vending
Saratoga County Department of Health regulates food vending machines pursuant to New York State Sanitary Code, Subpart 14-5, Vending of Food and Beverages. This regulation does not apply to machines vending merchandise other than food or beverages. Saratoga County Department of Health works to ensure that food vending machines are maintained and operated in such a way as to avoid health hazards.
- Vending machines, ovens and other equipment used in connection with a food vending operation are to be located in a room, area or space which is maintained in a clean condition, and which is protected from overhead leakage or condensation from water, waste or sewer piping. The immediate area in which the equipment is located is to have adequate ventilation to remove odors and fumes. Each vending machine is to be located so that the space around and under the machine is easily cleaned and maintained, and so that insect and rodent harborage is not created.
- The floor area where vending machines are located is to be cleanable and capable of withstanding repeated cleaning operations. This space and the immediate surroundings of each vending machine are to be maintained in a clean condition.
- Handwashing facilities, including hot and cold or tempered running water, soap and individual towels, are to be convenient to the machine location and available for use by employees servicing or loading food vending machines.
- Food is to be protected from contamination during storage, transportation, display, while being held for service, dispensing by a vending machine or in connection with vending operations. The temperature of potentially hazardous food is to be 45 degrees Fahrenheit (7.2 degrees Celsius) or below, or 140 degrees Fahrenheit (60 degrees Celsius) or above, at all times, except during necessary times of preparation, the actual time required to load or otherwise service the machine and for a maximum machine ambient temperature recovery period of 30 minutes following completion of loading or servicing operations.
- Vending machines dispensing potentially hazardous food are to have heating or refrigeration units with thermostatic controls that are able to maintain the food at 140 degrees Fahrenheit (60 degrees Celsius) or above, or 45 degrees Fahrenheit (7.2 degrees Celsius) or below when fully loaded. These vending machines are also to have automatic controls which prevent the machine from vending potentially hazardous food until serviced by the operator in the event the temperature in the food storage compartment is not within allowed operating limits for any reason except for the permitted 30-minute period following servicing or loading.
- Potentially hazardous foods are to be labeled showing the name and address of the establishment where prepared and packaged.
No. This code does not apply to machines vending merchandise other than food or beverages.
To report a violation or unsafe conditions please call the Saratoga County Department of Health at (518) 584-7460 or email us at en***********@sa**************.gov.
Mail to or drop off at:
Saratoga County Department of Health
6012 County Farm Road
Ballston Spa, NY 12020
Make checks payable to Saratoga County Department of Health. Partial Payments are not accepted.
