Cumming, Georgia 30040

Physical Health

770-781-6900

Fax 770-781-6929

Environmental Health

770-781-6909

Fax 770-781-6807

First, it must be determined if you are proposing Food Service or Food sales. Food Sales Establishments are permitted and inspected by the Georgia Department of Agriculture and Food Service Establishments are permitted and inspected by the local Health Department.

The following are the definitions:

"Food service establishment" means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called.

“Food sales establishment” means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises.

If you are planning to prepare the food and sell it directly to the public then you would be considered a food service establishment unless you are only selling baked goods (cookies, cakes, candy, etc.). If you plan to sell food of any kind to businesses for resale you would be considered food sales.

The next question is where will the food be sold? The Georgia Food Code defines three types of Food Service Establishments:  a conventional food service operation at a fixed location, a temporary food service unit, and a mobile food service unit.

If you plan to open at a fixed location then a plan review is necessary under most situations. If the facility used to be a restaurant and you are not going to change the building in any way then it might not be necessary but a list of all equipment must be submitted for review. However, if you plan a different menu than the previous operation it will be necessary.

The definition of a temporary food service unit is:

"Temporary food service establishment" means a food service establishment that operates at the same location for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

A temporary food service permit is issued at each event and is only valid for the specific event. The event or celebration must have an organizer that is responsible for the overall operations and must have all proper permits from local government. It is the responsibility of the event coordinator and or the property owner to insure that food vendors are properly permitted.

The following is the definition of a mobile food service unit:

“Mobile food service unit” means a trailer, pushcart, vehicle vendor or any other conveyance operating as an extension of a base of operation or a permitted food service establishment.

All Mobile Food Service Units must operate from a base of operations that must be permitted by the Health Department. The base of operations must be operated and under the legal control of the mobile food service permit holder. A personal home kitchen cannot be used as a base of operations. An independent restaurant cannot be used as a base of operations and a facility can only have one food service permit holder using the kitchen. Even if all the food preparation is proposed to be done on the mobile food service unit a base of operations is still needed.

A plan review of the mobile unit must be done even if it is already constructed. It is highly recommended that nothing be purchased until a plan review is conducted. If food is prepared on the mobile unit it must be completely enclosed. At a minimum it must have a hand sink and a three compartment sink unless the food is prepackaged.

The proposed location for selling the food must be approved by the Forsyth Co. Planning Department. Written approval from the property owner is required.

If you have questions you can call 770-781-6909 and speak with Gary Helmuth.

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Updated 5/14/2012