New York Business Express

Overview

Allows a retail establishment or section of a retail establishment to offer food and food products to consumers intended for off-premise consumption. The following do NOT qualify for an Article 28A Retail Food Store License: Establishments that handle only pre-packaged, non-potentially hazardous foods; Roadside markets that offer only fresh fruits and vegetables for sale; Stores that conduct food processing (cappuccino, slicing cold cuts, making sandwiches); Food service establishments (cafe's/restaurants); or Juice bars or food and beverage vending machines. Retail food establishments requiring the Article 28A license are identified by the sale of any of the following: Milk; Shell eggs; Refrigerated meats; and/or other potentially hazardous foods.

NYS Agricultural and Markets Law, Article 28

1 NYCRR, Chap VI, Sub E, Parts 271-272

Prerequisites

Agency: Internal Revenue Service; Permit: Federal Taxpayer Identification Number or Social Security Number

Requirements

Inspection, Always Required

How to Apply

1. See form below.

Form(s)

NAME

FORM NUMBER

FORM AND INSTRUCTIONS AVAILABLE

Retail Food Store

FSI 302

Required Fees

TYPE	REFUNDABLE	AMOUNT	COMMENTS
License/Permit		$125	Fee is for a pre-set 2 year period per location, fee is prorated per year of issuance of license. Fee is returnable if business does not open or application is incorrectly filed.

Payment Options:

Personal Check, Postal Money Order

Make payable to the NYS Department of Agriculture and Markets

Duration & Processing

Average Processing Time:

6 Days

Term/Duration:

Biennial - Every two years

Renewable:

Yes - Every two years. Application for licensure of a retail food store must be made on or before December 1 of every other year for the period beginning January 1 following.

Automatically Sent:

Yes - 60 days prior

Common Denial Reasons: Insufficient information, Incorrect information, Incorrect fees

Additional Info

1. Permit/License must be posted
2. Proof of Workers' Compensation or exemption is required

For additional information/Sponsor Agency:

Agriculture and Markets, Department of

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Retail Food Store License (FSI-302)