Mississippi Food Permit: MSDH Permits for Restaurants, Retail Food and Caterers
Mississippi Food Permit: MSDH Permits for Restaurants, Retail Food and Caterers
If you plan to sell food to the public in Mississippi, you will almost certainly need a food permit from the Mississippi State Department of Health (MSDH), Food Protection. That permit is the health approval that lets you operate. It is separate from the business registration you file with the Secretary of State, the sales tax permit you get from the Department of Revenue, and the city or county privilege license most operators also need. This guide explains which MSDH permit fits your operation, what to confirm before you apply, and the order that keeps you from stalling at the city counter.
Informational only: This article is general information, not legal or tax advice. Rules, fees and forms change. Confirm current requirements with MSDH Food Protection, your city or town clerk, and the Mississippi Department of Revenue. For complex situations, talk to a qualified attorney or CPA before you sign a lease or commit to a menu.
Mississippi has no state business license, but food operators still need MSDH
Mississippi does not issue a single general statewide business license. Filing your entity with the Secretary of State is a registration, not a license. The state's food rules come through MSDH, which issues food permits under the Mississippi Food Code. That code follows the FDA Food Code. Local rules come from your city, town or village, which issues its own privilege license under Miss. Code 27-17. Counties license only businesses located outside municipalities, so if your location is inside city limits, the city is the local authority you need to deal with.
The permit category depends on what you make or sell, and the category determines which MSDH steps apply to you.
Which MSDH permit category applies
MSDH sorts food operations into two main groups, plus a home-prepared exception. Pick the group that matches your operation, then confirm the exact permit with MSDH before you buy equipment or sign a lease.
| Category | Operations it covers | What to confirm with MSDH |
|---|---|---|
| Retail food | Restaurants, fast food, caterers, bakeries and coffee shops | Permit fee, whether plan review applies, and food handler card steps |
| Manufactured food | Food processors, warehouses, vending companies, re-packers and ice plants | Permit fee, the exact category, and the steps for your facility |
| Cottage food (home-prepared) | Certain home-prepared foods | No permit is needed for qualifying foods, but confirm which products qualify |
Some operations do not fit neatly into the table. Food trucks have their own path through MSDH, so do not assume a restaurant permit covers a truck. If you bake or sell coffee from home, the cottage food rules may apply, but only certain products qualify. Describe your exact product list to MSDH rather than guessing from the category name.
Step by step: getting your MSDH food permit
- Identify your category. Use the table above and write down every product you will make, sell or serve. Ask about the full product list, because one item can change the answer.
- Call MSDH Food Protection at 601-364-2832. Ask for three things: the permit fee for your operation type, whether plan review is required before construction or remodeling, and the food handler card steps for your type. The fee is not on the main permit page, so you need to get it from MSDH directly.
- Confirm plan review timing before you commit to a space. If plan review applies, submit it and wait for approval before you finish construction or buy major equipment. Changing a layout after the fact costs more than asking first.
- Arrange food handler certification for staff. Confirm with MSDH which certification your staff need and how to obtain it. Do not assume a generic online course is accepted until MSDH confirms it.
- Apply and pay online through MSDH. Permit fees are paid online through MSDH. Keep the payment confirmation and the permit document, because your city license and other agencies may ask for proof of the permit.
- Ask about inspections. Ask MSDH whether a pre-opening inspection is required and what the inspector will check, so you can prepare the kitchen before the visit.
The Mississippi food handlers card
Searching for a Mississippi food handlers card will turn up many training options, and the cheapest course is not always the one your inspector accepts. The question to ask MSDH is which card, and which training provider, MSDH accepts for your staff. Ask who on your team needs one, whether a higher level food protection credential is also required for a manager, how long the card stays valid, and how renewal works. Those details come from MSDH for your operation type. Confirm them before you hire, because a new employee working without the required card can delay an inspection.
City and town privilege licenses
Every city, town and village issues its own privilege license. That license is separate from the MSDH food permit, and it is the local authorization to do business inside that municipality. Your city clerk will confirm the fee and the form. Several cities ask for proof of your health permit on the application itself. As of 2026, the city forms for Ridgeland, Southaven and Horn Lake ask for proof of the health permit. In those cities, get the MSDH permit first, or submit it with your city license application. Other cities may ask for different documents, so read your city's form before you apply.
If your location is outside city limits, the county may issue the local license instead. Confirm with the county before you assume.
Sales tax permit with the Department of Revenue
Businesses making retail sales register with the Mississippi Department of Revenue (DOR) for a sales tax permit. The DOR describes this permit as the permit for the privilege of operating a business in Mississippi, so it is a tax registration, not a food approval. There is no fee for the permit. A bond may be required for applicants with no permanent Mississippi location.
The state sales tax rate is 7%. The state rate has no county add-on, and city levies apply only in Jackson and Tupelo. If you operate in another city, confirm with the DOR and your city clerk how the rate applies to your sales. Start the registration at the DOR sales and use tax registration page.
Business name and entity paperwork
Many restaurants and food businesses operate under a name different from their legal entity. If you use a fictitious (assumed) business name, the registration is filed with the Mississippi Secretary of State, Business Services Division, not with the county. The Fictitious Business Name Registration (Form F0070) costs $25.
If you form an LLC first, the Certificate of Formation (Form F0100) costs $50. Online filings are normally approved the same day or the next day. The LLC name must contain the words "limited liability company" or the abbreviation "L.L.C." or "LLC," and it must be distinguishable on the Secretary of State's records. Check availability with the Secretary of State business search before you print signage. If you need time to finish the paperwork, a name reservation costs $25 and lasts 180 days.
Make sure the name on your MSDH application, city license and DOR registration matches the entity or fictitious name you filed. Mismatched names can cause an application to be questioned, so keep them consistent.
Alcohol service requires a separate permit
If you plan to serve beer, wine or liquor, that is a separate permit from the Department of Revenue. Your MSDH food permit does not cover alcohol. Ask the DOR about the alcohol permit before you finalize your menu, your floor plan and your opening date, since the bar area and the service plan can affect your application.
Common mistakes that delay an opening
- Buying equipment before plan review. If MSDH requires plan review, equipment and layout changes can force a rebuild.
- Applying for the city license first. In cities that ask for proof of the health permit, the city application stalls until you have it.
- Assuming one permit covers everything. A restaurant permit does not cover a food truck, and a home kitchen is not automatically covered by the cottage food exception.
- Choosing a food handler course by price. Confirm which card MSDH accepts before your staff train.
- Forgetting the alcohol permit. Serving alcohol without the separate Department of Revenue permit creates a second, unrelated problem.
Questions to ask MSDH Food Protection
Call 601-364-2832 with this list ready. Write down the name of the person you spoke with and the date of the call.
- What is the permit fee for my operation type, and how do I pay online?
- Does my project need plan review before construction or equipment purchase? How long does review take?
- Which food handler card do my staff need, and which training providers are accepted?
- Does a pre-opening inspection apply, and what will the inspector check?
- If I am home-based, which of my products qualify for the cottage food exception?
- If I run a food truck, what is the separate path, and what documents do I need?
Recommended order of operations
- Pick your category and write the full product list.
- Call MSDH Food Protection at 601-364-2832 for the fee, plan review and food handler steps.
- Form your entity and file any fictitious name with the Secretary of State.
- Get the MSDH permit before, or submitted with, your city privilege license.
- Register with the Department of Revenue for a sales tax permit.
- Apply for any separate alcohol permit with the Department of Revenue.
Official resources
- Mississippi Secretary of State, Business Services: https://www.sos.ms.gov/business-services
- Secretary of State online filing portal: https://corp.sos.ms.gov/corp/portal/c/page/corpnewfilings/portal.aspx
- Mississippi Department of Revenue: https://www.dor.ms.gov/
- Mississippi Small Business Development Center Network, led by the University of Mississippi with 19 locations statewide: https://www.mississippisbdc.org/
For a complex setup, such as a multi-location operation, a food business that is also a manufacturer, or a business that will sell alcohol, the cost of an hour with a qualified attorney or CPA is usually small compared with a delayed opening. This guide is informational only and does not replace professional advice.