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Food facility change of ownership

What is needed for changing ownership of a food facility in Marin County.
restaurant owner holding plans

What is considered a change in ownership?

A change of ownership in a food facility generally occurs when:

  • A new owner takes over an existing food business.
  • A new entity becomes the owner, such as a corporation or partnership.
  • There's a significant change in ownership structure within the existing business, like a merger or acquisition. In essence, any change that affects who legally owns and operates the food facility is considered a change of ownership. 

Is an inspection needed before opening?

Yes, you'll need an inspection before you buy or open any food business. This inspection will tell you if the place needs any repairs or upgrades before you buy or lease. Knowing about these costs ahead of time can help you decide if your business plan will work. 

If the business is already open under the current owner, a change of ownership inspection is still required.

The current owner's permit is not transferrable to your new business.

If the business has been in operation, why do I need a change of ownership inspection?

Food safety regulations change over time. A new owner needs to ensure their business is compliant with the latest California Retail Food Code Requirements. If you need to make changes or go through the food plan check process, it can take a while. Please plan ahead. The review process can take a few months from when you submit your plans until the plans are approved. 

What we do

Before you buy or lease a restaurant or food facility, we'll inspect it to see if it needs to be updated to meet California Retail Food Code requirements. If the facility needs changes, we'll tell you what needs to be repaired or upgraded. Here are some examples of what might need to be improved:

  • needing to replace or provide more equipment
  • existing equipment needs to meet current regulations
  • proper number, location, and capacity of sinks 
  • water heater sized for your operation
  • floors, walls, and ceiling finishes needing to meet current regulations 
  • refrigeration capacity is inadequate

If you are planning on remodeling the business, prior to remodeling, contact our office to speak with an inspector to see if a change of ownership inspection will be required.

Submitting your application

Use the contact information on this page to submit your change of ownership application by email or in printed form.  You can call the number provided to make payments by Visa or MasterCard.  

If you choose to hand deliver your application, please arrive 1 hour before closing to be safe.

What happens after applying for an inspection?

We'll call you in within two business days to schedule the inspection. After the inspection, we'll send you a letter with a list of things you need to do before you can open. 

If your menu is going to be different from the food they already serve, you might need a food plan check and receive approval. Our inspector will explain what you need to do in the letter after the inspection. If you need to submit plans for changes, the review process can take a few months from when you submit your plans until the plans are approved. 

We'll also check if your business will use a septic tank or a private well. We want to make sure they're capable of supporting your business. 

Once you've made all the corrections listed on the letter, call us to schedule a final inspection. You'll need to get our final approval before you can open. The last step is to apply for and pay the yearly operating permit fee. 

Timing

We will call you within 2 business days to set up a time to conduct the inspection. 

 

Any changes needed or if the facility needs to go through the food plan check process can take time. Please plan ahead. The review process can take a few months from the time plans are submitted to the completion of the review. 

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Page last updated on December 11, 2024.