Manufacturing of Frozen Desserts - Retail
Any place or premises, or any part thereof, where frozen desserts are manufactured, processed, assembled, frozen and stored for distribution or sale at retail directly to the consumer is required to obtain a permit from the Department of Health and Mental Hygiene (DOHMH).
This permit is required in addition to any other requirements for a retail food service operation where food is sold directly to the consumer.
Frozen desserts include, but are not limited to, the following: ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, granita, water ices, non-fruit water ices, confection frozen without stirring, dairy confection frozen without stirring, manufactured dessert mix, frozen confection, frozen yogurt, freezer made shakes or milk shakes, dietary frozen dessert, "slushies", whipped cream confection and bisque tortoni with any mix used in making such frozen dessert.
This permit requires annual renewal. A renewal application form will be mailed to each permitted facility with no outstanding summonses or overdue payments. The renewal form should be completed and returned with the appropriate permit fee (if applicable). An inspection is required for the initial application, but there is no inspection requirement for renewal. Once licensed, subsequent inspections of the machinery will be conducted at the time the business is inspected in the course of normal operation.
Applicants must submit documentation along with their application. Review the Required Documents Checklist to determine which documents you must submit.
All outstanding fines imposed for Health Code Violations must be paid before you can apply for or renew a permit issued by the NYC Department of Health and Mental Hygiene. Fines may be paid in person at the NYC Department of Consumer and Worker Protection (DCWP) Citywide Licensing Center or Online.
List of Permit Fees.
- $25.00: If the business is a mobile food vending operation and the initial permit application is filed between May 1 and October 31.
- $12.50: If the business is a mobile food vending operation and the initial permit application is filed between November 1 and April 30.
- $25.00: If the business is a food service establishment and the initial permit application is filed with six or more months remaining on the business's Food Service Establishment permit.
- $12.50: If the business is a food service establishment and the initial permit application is filed with less than six months remaining on the business's Food Service Establishment permit.
- $114.00: Fee for Food Protection Course. Payment for the course must be submitted separately from the payment for the permit application(s) or any violations of the Health Code.
List of accepted payment methods.
- Personal Check (made payable to the New York City Department of Health & Mental Hygiene; accepted only when applying in person)
- Certified Check (made payable to the New York City Department of Health & Mental Hygiene; accepted only when applying in person)
- Check (made payable to the New York City Department of Health & Mental Hygiene; accepted only when applying in person)
- Money Order (made payable to the New York City Department of Health & Mental Hygiene; accepted only when applying in person)
- American Express
- Discover
- MasterCard
- Visa
Renewals may be submitted online via the NYC Online Licensing system. Registration is required. You will not be permitted to renew a permit if you have outstanding fines. You can pay fines online before renewing.
To renew online for the first time, you will need the Personal Identification Number (PIN) found on your Renewal Notice for each permit or license you hold. The PIN will allow you to link your existing records to one single online account. You only need to use your PIN to link to each permit or license record once.
If you do not have access to your Renewal Notice, you may obtain your PIN(s) by completing an online PIN Request Form or by calling 311.
Note: If you need to upload any documents, you will be prompted to download the Microsoft Silverlight application.
For help with technical problems when using the online licensing/permitting system, call 311 and ask for Health Permits Online.
Applying for a DOHMH permit does not satisfy the regulatory requirements of other City and State Agencies. It is the business owner's responsibility to apply for all other permits, licenses, and authorizations required by other City and State Agencies. Pursuant to NYC Charter Section 645, no premises may be used or occupied until a Certificate of Occupancy has been issued by the NYC Commissioner of Buildings.
Failure to comply with all relevant regulations, including those under the jurisdiction of other Agencies, may result in the suspension of DOHMH permits until proof of compliance is provided.
To view the relevant Rules of the City of New York for this permit, click the link above then click folder "Title 24: Department of Health and Mental Hygiene", subfolder "Title IV: Environmental Sanitation", subfolder "Part A: Food and Drug" and subfolder "Article 113: Frozen Desserts. "The information on this page is designed to explain the application, regulatory compliance, and inspection requirements for operating a business where frozen desserts are manufactured for retail purposes. This information only encompasses health-related aspects of the regulatory requirements of this type of business. Please read the documents at the links below to properly understand the various provisions of DOHMH regulations.
The information on this page is designed to explain the application, regulatory compliance, and inspection requirements for operating a business where frozen desserts are manufactured for retail purposes. This information only encompasses health-related aspects of the regulatory requirements of this type of business. Please read the documents at the links below to properly understand the various provisions of DOHMH regulations.
The following can use the Apply Online link above to apply for this permit:
a) New permit application for a food service establishment serving frozen desserts operated by a for-profit (fee applies) business. Select the Food Service Establishment (general): Also Manufactures Frozen Desserts permit type
b) New permit application for a food service establishment serving frozen desserts operated by a non-profit (fee exempt) organization must apply for two separate permits online:
- Food Service Establishment: (fee exempt organization) permit type.
- Frozen Dessert Manufacturer (Retail): Fee Exempt
c) Currently permitted
non-profit (fee exempt)
food service establishments that wish to add the manufacture of frozen desserts to their establishment. Select
Frozen Dessert Manufacturer (Retail): Fee Exempt
The following must use the Offline Process Steps below to apply for this permit:
Currently permitted or newly applying Mobile Food Vendors and currently permitted for-profit (fee applies) Food Service Establishments that wish to add the manufacture of frozen desserts to their establishment.
Complete an application for permit form and gather all required supporting documentation.