Commissary Kitchen Requirements by State: The Complete 2026 Guide

If there's one thing that surprises people when they first research food truck permits, it's the commissary kitchen requirement. Nearly every state in the country requires food truck operators to have a signed agreement with a licensed commissary kitchen before a health permit will be issued.

But the specifics — what the commissary must include, how the agreement must be structured, whether you need to return daily, what your truck can and can't do without one — vary significantly by state, and sometimes by city within a state.

This guide breaks down the commissary kitchen rules for every major food truck market in the US. Whether you're planning to operate in Texas, California, New York, Illinois, or anywhere in between, this is what you need to know before you sign an agreement or submit a permit application.

What Is a Commissary Kitchen (Quick Primer)

A commissary kitchen is a licensed, commercial-grade kitchen facility that food truck operators use for food preparation, storage, cleaning, and sanitation tasks that the truck itself can't legally handle. Your commissary is your home base — where you prep before service, store ingredients overnight, clean equipment, dump gray water, and refill fresh water.

Most health departments require:

1. A signed commissary agreement with a currently-licensed facility
2. Proof the commissary is approved by the relevant health authority
3. The agreement to be current (often within 30 days of your permit application)
4. Specific services to be covered (storage, cleaning, prep, waste disposal)

Now, let's go state by state.

California

California requires all mobile food facilities to operate from an approved commissary or other approved facility. This is enforced at the county level, so requirements vary between LA County, San Francisco, San Diego, and other jurisdictions.

Key California Rules

• Commissary agreement required: Yes — must be on file with your county health department
• Return frequency: Most California counties require daily return to the commissary for cleaning, restocking, and waste disposal
• Commissary must be approved: Your commissary must hold a valid Environmental Health permit from the county where it's located
• Limited food prep trucks: If your truck handles only pre-packaged foods and no cooking, commissary requirements may be reduced — but verify with your county

California City Notes

Texas

Texas regulates food trucks at both the state (DSHS) and local levels. The Texas Food Establishment Rules require all mobile food units to operate from a commissary or a permitted, fixed food establishment.

Key Texas Rules

• Commissary agreement required: Yes — must be submitted with your Texas DSHS permit application and any city-level permits
• What the commissary must provide: Food preparation space, refrigerated storage, potable water access, waste disposal, and cleaning facilities
• Inspected commissaries only: Your commissary must hold a valid Texas DSHS Retail Food Establishment permit
• Central Preparation Facility (CPF): Austin specifically uses the term "CPF" and requires a notarized CPF agreement dated within 30 days of your permit application

Texas City Notes

New York

New York enforces commissary requirements at the city level for NYC and at the county level elsewhere. NYC DOHMH is among the strictest in the country.

Key New York Rules

• NYC commissary requirement: Required for all mobile food vending unit permits. Must be a DOHMH-approved facility. Agreement must specify cleaning, storage, and maintenance services.
• Upstate NY: County health departments enforce local rules; most mirror state food safety code requirements for approved commissaries
• Agreement currency: NYC typically requires a current agreement — check DOHMH for specific dating requirements at time of application

Illinois

Illinois food truck commissary requirements are primarily enforced at the city level in Chicago and through the Illinois Department of Public Health (IDPH) elsewhere.

Key Illinois Rules

• Commissary agreement required: Yes — required for both the Mobile Food Preparer and Mobile Food Dispenser licenses in Chicago
• Agreement must be recent: Chicago BACP requires the commissary letter to be dated within 30 days of application submission
• Out-of-city commissaries: Allowed in Chicago, but require CDPH-approved inspection reports from the commissary's local health authority
• No home prep: Explicitly prohibited; commissary use is required for all food production

Florida

Florida's Division of Hotels and Restaurants (DHR) under DBPR regulates mobile food dispensing vehicles statewide. Commissary requirements are robust and consistently enforced.

Key Florida Rules

• Commissary agreement required: Yes — must be submitted with your DBPR mobile food dispensing vehicle license application
• What qualifies as a commissary: Any licensed food service establishment — restaurant, commercial kitchen, hotel kitchen, catering facility
• Frequency requirements: Florida rules typically require daily return to the commissary for cleaning and restocking
• Miami-Dade, Broward specifics: County health departments add local requirements on top of state rules; verify with your county

Washington State

Washington State's Retail Food Code (WAC 246-215) governs food trucks. County health departments handle permitting and commissary approval.

Key Washington Rules

• Commissary agreement required: Yes — required under WAC 246-215-09110 for mobile food units
• Commissary must be approved: By the county health department where the commissary is located
• Seattle specifics: King County Public Health enforces commissary requirements; your commissary must hold a current King County or equivalent food service permit
• Scope of use: Agreement must cover storage, cleaning, food preparation, and waste disposal

Colorado

Colorado enforces food truck commissary requirements at the county level, with Denver's Department of Public Health & Environment (DDPHE) handling permits within city limits.

Key Colorado Rules

• Commissary agreement required: Yes — required for Denver mobile food vendor permits and most Colorado county health permits
• Denver specifics: DDPHE requires proof of commissary for your Retail Food Establishment License (mobile); the commissary must be a DDPHE-approved facility
• Commissary agreement content: Must specify services provided and duration; open-ended agreements are generally accepted

Tennessee

Tennessee's Metro Government and county health departments regulate food trucks. Nashville and Shelby County have the most active food truck markets.

Key Tennessee Rules

• Commissary agreement required: Yes — Nashville's Metro Public Health Department requires a commissary agreement as part of the mobile food unit permit application
• Commissary must be licensed: Must hold a current Tennessee food service establishment permit
• Agreement specifics: Must identify what services are provided (at minimum: cleaning, storage, and waste disposal)

Ohio

Ohio food trucks are regulated under the Ohio Uniform Food Safety Code, enforced by the Ohio Department of Agriculture and local health districts.

Key Ohio Rules

• Commissary agreement required: Yes — required for all mobile food service operations applying for a license under Ohio Revised Code Chapter 3717
• Columbus specifics: Columbus Public Health requires a commissary agreement and may inspect the commissary facility
• Cleveland specifics: Cuyahoga County Board of Health enforces commissary requirements; agreement must be with an ODA-licensed facility

Pennsylvania

Pennsylvania food trucks are regulated by both the PA Department of Agriculture (state license) and local health departments (Allegheny County and Philadelphia City Health Department for the two major markets).

Key Pennsylvania Rules

• Commissary agreement required: Yes — required by both Pittsburgh's ACHD and Philadelphia's health department
• Commissary must be PA-licensed: The facility must hold a valid PA Dept. of Agriculture food establishment license
• Pittsburgh specifics: ACHD requires a signed commissary agreement before issuing a food safety permit; without it, your application is incomplete
• Philadelphia specifics: Philadelphia's Department of Public Health requires commissary documentation as part of the mobile food vehicle license application

See our dedicated guide on PA commissary kitchen requirements for a deeper dive.

North Carolina

North Carolina food trucks are regulated by the NC Department of Agriculture and local county health departments.

Key North Carolina Rules

• Commissary agreement required: Yes — required for a NC mobile food unit permit
• Commissary must be NC-permitted: Must hold a current NC food service permit from NCDA or the relevant county health department
• Charlotte/Mecklenburg specifics: Mecklenburg County Environmental Health requires a commissary agreement and may conduct a joint inspection

Georgia

Georgia food truck commissary requirements are enforced at the county level, with Fulton County (Atlanta) having the most developed framework.

Key Georgia Rules

• Commissary agreement required: Yes — required for a Fulton County (Atlanta) mobile food service permit
• Commissary must be Georgia-licensed: The facility must hold a current food service permit from the relevant Georgia county health department
• Agreement content: Must cover preparation, storage, and cleaning at minimum

Oregon

Oregon's food truck scene is especially strong in Portland. The Oregon Health Authority and Multnomah County Environmental Health handle permitting.

Key Oregon Rules

• Commissary agreement required: Yes, for most mobile food unit permit types in Multnomah County
• Portland specifics: Cart pods (food cart lots) sometimes have shared commissary arrangements built in — verify with the pod operator before securing a separate commissary
• Oregon exceptions: Trucks that are fully self-sufficient (with onboard water, wastewater, and full prep capacity meeting all code requirements) may qualify for reduced commissary requirements — but this must be verified and approved in advance

Michigan

Key Michigan Rules

• Commissary agreement required: Yes — enforced by the Michigan Department of Agriculture and Rural Development (MDARD) and local health departments
• Detroit specifics: City of Detroit Health Department requires commissary agreement as part of mobile food establishment licensing
• Agreement requirements: Same standard as most states — written agreement, signed by both parties, specifying services

Universal Commissary Agreement Checklist

Regardless of your state, a solid commissary agreement typically needs to include:

• ✅ Legal names and addresses of both parties
• ✅ Physical address of the commissary facility
• ✅ Commissary's current health permit number (and expiration date)
• ✅ Specific services included (prep space, cold storage, cleaning area, waste disposal, truck parking, water access)
• ✅ Your hours of access
• ✅ Term of the agreement (start and end date, or open-ended)
• ✅ Signatures from both parties
• ✅ Date of signing (most jurisdictions require this to be recent)

The Bottom Line

Commissary kitchen requirements are essentially universal across US food truck markets. The question isn't whether you need one — you almost certainly do — it's about finding the right facility, getting the right agreement in place, and making sure the paperwork meets your specific health department's requirements.

The most common mistake: signing a commissary agreement without checking whether that facility is approved by your local health department. Always verify the commissary's license status before you sign anything.

For help finding approved commissary kitchens in your market and managing the agreement documentation, StreetLegal maintains a verified commissary directory and guides operators through the full permit application process — commissary agreement included.