Why the Commissary Agreement Is Your Most Important Document
Your commissary agreement does three things simultaneously: it satisfies your health department's requirement for a documented base of operations, it defines your operational relationship with the commissary facility, and it serves as a legal agreement between two businesses. A weak agreement on any of these dimensions creates problems — either your permit gets denied, your operations get disrupted, or you're in a dispute with your commissary with no written recourse.
Health departments in Kentucky and Ohio both require a commissary agreement on file before issuing a mobile food permit. In Kentucky (NKY Health), they provide a standard form with specific required fields. Ohio's requirements are somewhat less prescriptive but still require documented proof of a base of operations. In both states, an incomplete or poorly executed agreement delays your permit.
What Every Commissary Agreement Must Include
Whether you use the health department's standard form or draft your own, the agreement must contain:
- Full legal names of both parties — your business name (as registered) and the commissary's legal business name, not just a nickname
- Physical address of the commissary — the actual facility location, not a mailing address
- The commissary's health permit number — both KY and OH health departments verify this. Missing or incorrect permit numbers are the #1 cause of application delays
- Specific services provided — list exactly what the commissary provides: fresh water refill, wastewater disposal, grease disposal, food storage (cold and dry), ware washing, advance food prep space, or all of the above
- Frequency and schedule — how often you will service at the commissary (daily is standard; some operators specify "minimum once per operating day")
- Duration of the agreement — a one-year term aligned to your permit year is standard; avoid open-ended agreements with no expiration
- Signatures and dates — from the commissary owner or a manager with authority to bind the business, and from you
What to Verify Before Signing
Before you sign any commissary agreement, verify the following:
1. The Commissary Is Currently Licensed
Call your health department and ask them to verify the commissary's permit number. Don't rely on the commissary owner telling you they're current — verify it yourself. In NKY, call (859) 341-4151 and ask the environmental health division to confirm the permit status. Signing an agreement with an unlicensed facility wastes your time and delays your permit.
2. The Commissary Can Actually Provide What You Need
Visit the facility in person before signing. Confirm:
- There is a floor drain or approved wastewater disposal point for your truck
- There is an accessible potable water connection to refill your truck's fresh water tank
- The grease trap (if applicable) has capacity for your operation
- There is adequate cold storage space for your product
- Access hours work with your operating schedule — if you serve late nights, you need commissary access after midnight
3. Access Arrangements Are Clear
Verbal access agreements fail. The written agreement should specify:
- Days and hours of access (not just "regular business hours" — be specific)
- Whether you have a key, code, or need a staff member to let you in
- What happens if the commissary changes hours or closes temporarily
- Notice period required if either party ends the agreement
4. The Monthly Fee and What It Covers
Commissary agreements typically involve a monthly fee. Make sure the agreement clearly states:
- The monthly rate and what's included
- Whether the rate can change (and if so, how much notice is required)
- What happens if you miss a payment — specifically whether the commissary owner can revoke the agreement and notify the health department
Red Flags to Watch For
Avoid commissary arrangements with any of the following issues:
- Commissary owner refuses to provide their permit number — this suggests the facility may not be currently licensed
- Agreement is verbal only — never acceptable; health departments require written documentation
- Very short-term agreement (30 days or month-to-month with immediate termination) — your permit runs a full year; if the commissary terminates with 30 days notice, you could be mid-season without a commissary
- Facility is in poor physical condition — a commissary that fails its own inspection puts your permit at risk
- No wastewater disposal point for your truck — critically, some facilities say they can serve as a commissary but have no provision for draining your wastewater tank
- Access hours don't match your operations — if you operate 11 a.m.–10 p.m. but the commissary closes at 6 p.m., you cannot properly end-of-day service your truck
Drafting Your Own Commissary Agreement
If you choose not to use the health department's standard form (or if the health department doesn't provide one), a self-drafted agreement needs to cover all the elements above plus standard contract provisions: governing law (Kentucky or Ohio), dispute resolution, and termination terms. Have both parties sign two originals — one for your files and one for theirs. Submit a copy to your health department with your permit application.
For KY: NKY Health prefers their standard form. If you deviate from it, call Ted Talley at (859) 363-2027 to confirm your draft includes everything they require before submitting.
Keeping Your Agreement Current
Your commissary agreement must be renewed each year with your health permit. Don't let it lapse. If your commissary situation changes mid-year — the commissary changes ownership, raises rates unacceptably, or goes out of business — notify your health department immediately and provide an updated agreement. Operating with a lapsed commissary agreement is a permit violation even if everything else is in order.