Who issues a restaurant food permit: the state or your local health department?
In some states the state health or agriculture agency issues the restaurant food permit. In others the county or city health department does, and the state only sets the rules. Knowing which one to call first saves weeks. This table lists the states we have confirmed on an agency page so far (20 of 51 including D.C.); the rest are being added as each agency page is read.
Local rules still apply. Even where a state issues the permit, a city or county may add its own zoning, building and fire approvals. General information only, not legal advice; confirm with the agency.
| State | What the agency page says | Source | Last verified |
|---|---|---|---|
| Alaska | The state Department of Environmental Conservation takes the food establishment permit and plan review application (outside the Municipality of Anchorage); a pre-opening inspection is with the local Environmental Health Officer. | DEC: Opening a new food establishment | 2026-10-17 |
| California | Local environmental health agencies (62, per CDPH) enforce the retail food code and issue restaurant permits; the state Food and Drug Branch plays a supporting role. | CDPH Retail Food Program | 2026-10-17 |
| Colorado | The state health department licenses and inspects restaurants directly only in the counties listed on its page; elsewhere a local agency handles it. | CDPHE: Retail food licensing | 2026-10-17 |
| Delaware | The state Division of Public Health issues food establishment permits; plan review goes to the Office of Food Protection. | Delaware Business First Steps | 2026-10-17 |
| Florida | The state Department of Business and Professional Regulation, Division of Hotels and Restaurants, licenses restaurants and has its own plan review and manager-certification pages. | DBPR: Hotels and Restaurants plan review | 2026-10-17 |
| Hawaii | The state Department of Health Food Safety Branch takes food establishment permit applications. | DOH Food Safety Branch | 2026-10-17 |
| Illinois | Restaurants are regulated by the local health department where they operate; the state provides technical assistance. | IDPH: Retail food | 2026-10-17 |
| Massachusetts | A food establishment may not operate without a permit from the local board of health. | Mass.gov: Retail Food Code stakeholders | 2026-10-17 |
| Missouri | The state health department does not issue restaurant permits; the local public health agency handles the application and inspections. | Missouri DHSS FAQ | 2026-10-17 |
| North Carolina | County health departments review and permit most new or remodeled restaurant plans and issue the operating permit; chain or franchise restaurants must first get state plan-review approval. | NC Environmental Health: Plan review unit | 2026-10-17 |
| North Dakota | The state Health and Human Services food and lodging program licenses restaurants; its page asks for the application and plans at least 30 days ahead. | ND HHS: Retail food service | 2026-10-17 |
| Ohio | Restaurants are generally licensed and inspected by the local health department (health district), not the Ohio Department of Health. | ODH: Food safety program | 2026-10-17 |
| Oklahoma | Contact the county health department first for plan review; after approval you apply for the state license with the State Department of Health. | OSDH: Food licensing | 2026-10-17 |
| Pennsylvania | The state Department of Agriculture licenses retail food facilities outside areas with local health department jurisdiction; its page lists county and local health jurisdictions (including Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia). | PA Department of Agriculture: Retail food facilities and restaurants | 2026-10-17 |
| Tennessee | The state Environmental Health page directs food service permit and plan-review questions to your local county health department. | TN Department of Health: Environmental health | 2026-10-17 |
| Texas | The state Department of State Health Services permits retail food establishments in areas not regulated by a local health agency; check whether your city or county has its own program. | Texas DSHS: Retail food establishments | 2026-10-17 |
| Utah | Local health departments issue restaurant and food service permits and inspect them; grocery and other retail food businesses are generally regulated by the state Department of Agriculture and Food. | Utah DHHS: Food safety | 2026-10-17 |
| Virginia | The state Department of Health (local health districts) issues food establishment permits after plan review and a pre-opening inspection. | VDH: Applying for a food permit | 2026-10-17 |
| Washington | Local health departments issue the food service operating permit and the food worker card (valid statewide). | WA DOH: Local food safety contacts | 2026-10-17 |
| West Virginia | Restaurants are permitted and inspected by the county or local health department, not the state office. | WV OEHS: Food safety | 2026-10-17 |
Not yet confirmed
We have not yet confirmed who issues the food permit for: Alabama, Arizona, Arkansas, Connecticut, District of Columbia, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, South Dakota, Vermont, Wisconsin, Wyoming. Use each state page's food-service link and ask the agency who handles restaurant permits in your area.
Each row was read on the linked agency page on 2026-10-17. Statements are paraphrased from the page; the agency's own wording controls.