FDA updates Food Code for the 50 states

The U.S. Food and Drug Administration has published the 2022 Food Code Supplement. The Supplement updates the 2022 Food Code with recommendations from regulatory officials, industry, academia, and consumers at the 2023 Biennial Meeting of the Conference for Food Protection. 

The Food Code and its Supplement provide the government and industry with practical, science-based controls for reducing the risk of foodborne illness in all retail and food service establishments. The Food Code and the Supplement are joint projects by the FDA, the Centers for Disease Control and Prevention, and the United States Department of Agriculture (USDA) – Food Safety and Inspection Service (FSIS). 

Some highlights in the Supplement to the 2022 Food Code include:  

• Adding new provisions addressing disinfection of food contact, nonfood-contact, and equipment surfaces;  
• Expanding and clarifying how and when containers can be refilled and reused in a food establishment; 
• Addressing food protection with new provisions that improve awareness of food defense measures; 
• Building on the concept of Food Safety Management Systems and Active Managerial Control by defining the terms, including new provisions that speak to when a Food Safety Management System is required;  
• Updating testing requirements for reinstatement of food employees diagnosed with an illness from STEC, Shigella, or Nontyphoidal Salmonella to include culture-independent diagnostic tests and  
• Enhancing information regarding sushi rice acidification with a dedicated section in Annex 6 Food Processing Criteria addressing risks and controls. 

The Food Code is the model for retail food regulations in all 50 states, the District of Columbia, and territories. The FDA encourages its state, local, tribal, and territorial partners to adopt the current version of the FDA Food Code, including the Supplement to the 2022 Food Code. The agency’s Office of Retail Food Protection is available to assist regulatory officials, educators, and industry in understanding, adopting, and implementing the FDA Food Code. Inquiries may be sent to retailfoodprotectionteam@fda.hhs.gov or directly to a Retail Food Specialist.   

The next complete revision of the Food Code will be published in 2026.  

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