New York HACCP Plan Requirements for Restaurants

Which Food Code edition New York uses

The FDA report on Food Code adoption (calendar year 2024 (period ending december 31, 2024)) lists New York as using the No FDA Food Code edition listed; 2001 Food Code, depending on the agency.

ClearHACCP builds plans to the FDA Food Code 2022 and prints the section next to every limit. We have not yet verified how New York's edition compares, so plans for New York are checked by a person. Older editions also call for HACCP plans and variances for special processes, but paragraph numbers and some details differ. Ask your plan reviewer which edition and forms they work from.

Agencies the FDA report lists

Agency	Edition	As reported
New York State Department of Health	None	Restaurants. The agency did not adopt any version of the FDA Food Code.
New York State Department of Agriculture	2001	Retail food stores. Manual long-form. Effective 2004.

Agency names and editions are copied as printed in the FDA report. A state can adopt a newer edition after the report period.

Where a HACCP plan or variance goes in New York

Check with your health department

We have not verified New York's submission route, fees or forms yet. In most places the HACCP plan goes to the city or county health department that issues your food permit; some states review special processes centrally. Ask before you start, and ask whether they use their own HACCP or variance form.

Start with New York State Department of Health or New York State Department of Agriculture.

What needs a HACCP plan

Under the FDA Food Code 2022, a restaurant needs a HACCP plan before it starts any process that needs a variance, or before it vacuum packs without one:

FDA Food Code 2022, 8-201.13(A)
Before engaging in an activity that requires a HACCP PLAN, a PERMIT applicant or PERMIT HOLDER shall submit to the REGULATORY AUTHORITY for approval a properly prepared HACCP PLAN as specified under § 8-201.14 and the relevant provisions of this Code if:

In a restaurant that usually means sous vide and cook-chill, vacuum packing, acidified sushi rice, curing and smoking to preserve.

Ready to start? Build a plan for a New York kitchen, free until you download.

Frequently asked questions

Does New York require a HACCP plan for sous vide?

The FDA Food Code requires one for sous vide and cook-chill in a restaurant (3-502.12(D) in the 2022 edition). The FDA report lists New York as using the No FDA Food Code edition listed; 2001 Food Code; we have not verified how New York applies it. Ask your health department which forms its plan reviewers use. Check your process free.

Who approves HACCP plans in New York?

The regulatory authority for your permit, which in most places is your city or county health department, sometimes a state agency. We have not verified the submission route for New York yet. The state agency listed on this page can point you to the right office.

Will a ClearHACCP plan work here?

Plans are built to the FDA Food Code 2022 and print the section for every limit. If your health department runs an older edition or adds rules, tell us what it asks for and we revise the plan free for 12 months. Only your regulatory authority approves a plan.

Sources

Every temperature, time and pH on this page is quoted from the FDA Food Code 2022 with its section number. Your state or county may run an older edition or add its own rules, and only your regulatory authority approves a HACCP plan or grants a variance. This page explains the rules in plain words; it is not legal advice.