Can I prepare and sell food or drink items out of my home?

According to public health law, any time food or drinks are sold the individual operating the establishment is required to have the appropriate permit(s) in place prior to opening. Permits are needed in order to ensure that the products distributed to the public are safe.

Absent a festival, a temporary Food Service Establishment (FSE) permit is not appropriate since the definition of a temporary food service establishment is a place where food is prepared or handled and served to the public, with or without charge, and which operates at a fixed location in conjunction with a single event or celebration of not more than 14 consecutive days duration. Without a permanent business, no other FSE permit is applicable.

Also, please keep in mind that most communities are restrictive to commercial operations in residential areas and may require additional permits and or fees.

For additional information or assistance, please call the Erie County Department of Health at 961-6800. Thank you.

Frequently Requested



Phone: (716) 858-7690

Fax: (716) 858-8701

Erie County Department of Health (ECDOH)
95 Franklin Street
Buffalo, New York 14202

ECDOH Locations