A number of licenses and permits may be required from warehouses in the food sector, depending on the location and nature of the products being held within the facility.
For instance, the Secretary of Agriculture licenses operators who hold agricultural products within their facilities under the United States Warehouse Act (USWA).
Some products that fall under the USWA are grains, sugar, nuts, export food aid commodities (EFAC), and dry edible beans. Regardless of the product type, applicants have to comply with the USDA standards. Applying to the USWA body, however, is voluntary.
At the state level, local authorities generally require special permits for facilities that house and handle perishables or regulated items.
In California, the Division of Food and Drug Safety within the CDPH oversees the Processed Food Registration (PFR) program. And the PFR certificates cover warehousing activities along with manufacturing, repacking, salvaging, and labeling.
But Florida-based warehouses have to register with the Florida Department of Agriculture and Consumer Services (FDACS).
In Texas, the Department of State Health Services (DSHS) is the regulatory authority responsible for food manufacturers, wholesalers, and warehousing facilities. Meanwhile, Tennessee’s Department of Agriculture permits and inspects food warehouses.
Facilities that store and distribute food for commercial purposes need state-level warehouse permits.
As for permits on the Federal level, all facilities that hold food for consumption in the US have to register with the FDA. And the FDA considers “holding” to mean even more than just storing food.
The definition extends to cover “activities performed for the safe or effective storage of that food” and “activities performed as a practical necessity for the distribution of that food.” Think fumigation, dehydration, blending, and breaking down pallets.
Under this broad definition, traditional warehouses, silos, grain elevators, and cold storage areas would all be considered holding facilities subject to inspection and licensing.
Exceptions vary from one region to another.
For example, warehouses in New York City may be exempt from licensing if the operator already has a permit from the state’s Department of Agriculture and Markets. New-York-based Warehouses checked by the USDA also don’t need a food warehouse permit.
In California, however, warehouses are exempt from PFRs if their warehousing activities fall under other licenses issued by the FDB, such as a Shellfish Handling & Marketing Certificate.
Warehouses holding agricultural products in their “raw” state also don’t need a PFR.
Let’s check out four common types of warehouses.
Dry food warehouses hold non-perishables, such as grains. Maintaining the right humidity and airflow is a requirement by most health inspection bodies.
According to California Health and Safety Code Section 112355, a “cold storage” facility is an area artificially refrigerated to less than 45°F. All cold storage warehouses in the state are regulated directly by the FDB.
A food distribution center is a type of warehouse designed to receive, store, and ship food products to multiple destinations. They’re usually one link in a larger supply chain.
The PFR program in California acknowledges that some warehouses are hybrid. That’s why operators are allowed to mark down multiple activities when applying for licenses. So, a warehouse operator might both process and store dried beans, for instance.
The PFR issued by California’s Food and Drug Branch (FDB) is the state’s basic health permit that allows operators to manufacture products not specifically covered by other FDB licences.
However, it’s also mandated for general food warehouses. The keyword here is “general” because storing certain food products requires specific permits. Take molluscan shellfish, for instance.
General warehouses in Los Angeles, Orange, and San Bernardino counties are required to fill out CDPH 8611 registration forms. The CDPH 8610 form, on the other hand, can be used by general warehouses elsewhere in the state.
There are no specific requirements in state or federal law for the types of floors, walls, and ceilings. The facility just has to be designed in a way that allows it to be adequately cleaned and maintained.
That being said, inspectors might need to check the food safety, sanitation, and allergen plans.
To apply for a PFR for a warehouse in California, you should:
Note that you should obtain a PFR before you begin any warehousing activities. The entire process can take around 120 days.
In the state of California, PFR permits are issued to businesses that manufacture, process, or store food.
Some states, like Oregon, provide licensing exceptions for operators who process and warehouse at the same location
Yes, you still need a permit. California law doesn’t provide PFR exemptions based on the facility size.
It’s also worth noting that the FDA has a special Small Entity Compliance Guide (SECG) for food facility registration. The SECG clarifies that operators responsible for the storage of domestic and foreign food must register under the 21 CFR 1.227.
In California, operating without a valid food service permit is unlawful and a direct violation of the Health & Safety Code, which may lead to hefty fines.
Even if different food facility types fill out the same PFT application, they still need to clarify the activities occurring at the premises (manufacturing, repacking, warehousing, salvaging, or leveling).
The FDA’s SECG lists the types of products covered by the 21 CFR 1.227’s definition of food. Bakery goods, snacks, candy, and even chewing gum are all subject to the registration guidelines.
Some states recognize a difference between warehouses that repack and those that only store packaged products. But even then, separate licensing rules may apply.
In New York, for instance, facilities that strictly hold packaged foods and don’t repackage any item still have to obtain an Article 28D Food Warehouse License.
Yes, in the state of California, warehouses holding refrigerated food need to apply for a Cold Storage or Refrigeration Facility license with a CDPH 8591 form.
Similarly, storage facilities designed to hold food at a temperature under 5°F need a Frozen Food Locker Plant license. The application used for these warehouses is CDPH 8592.
The California PFR certificate is only valid for a year. The FDB sends renewal notices as a courtesy around 60 days before the expiration date. Still, it’s the operator’s responsibility to ensure that their registration remains current.
Cold Storage and Frozen Food Locker Plant licenses are also renewed annually.
FDA FSMA registration, however, is to be renewed every other year. The CDFA states that facilities have to register every even calendar year, starting in 2012.
At Pattern, we offer complete support for warehouse operators. Our team will handle the approval process on your behalf, ensuring that your facility meets all the operational requirements.
When you choose Pattern, you’re getting:
We bring extensive industry knowledge and a strategic approach to every project. Our team combines years of experience with up-to-date expertise on regulations and best practices in land use, development, and permitting.
We are passionate about our projects and take great pride in realizing goals into reality.
We understand that each project is unique. That's why we offer customized solutions designed to meet your specific needs.
We've built strong relationships with local officials and agencies, which can be invaluable in expediting the permit process.
Our systematic approach ensures a smooth, efficient process, reducing delays and keeping your project on schedule.
Our team of seasoned professionals has the knowledge and experience to navigate the complex regulatory environment.
Our projects include single-family and multi-family development, retail/restaurants, warehouses, and subdivisions.
