FDA food codes are model food safety regulations published by the U.S. Food and Drug Administration. They give state, local, tribal, and territorial agencies a science-based framework to regulate restaurants, grocery stores, school cafeterias, hospitals, nursing homes, childcare centers, and mobile food units. Once a state adopts the Food Code, its provisions become legally enforceable within that jurisdiction.
The current edition is the 2022 Food Code, supplemented in November 2024. A new full edition is expected in 2026.
At AAA Food Handler, we help food professionals understand and apply these evolving standards through structured FDA-aligned food safety training designed for real-world operations.
What Are FDA Food Codes?
FDA food codes are model regulations that the U.S. Food and Drug Administration publishes to help state, local, tribal, and territorial agencies establish uniform food safety standards. They cover how food is sourced, stored, prepared, cooked, held, and served in retail and foodservice settings.
The Food Code applies to restaurants, grocery stores, delis, mobile food units, ghost kitchens, commissaries, schools, hospitals, and nursing homes. It does not apply to food manufacturers, who are governed under separate federal regulations.
Because adoption is voluntary and happens at the state level, the version your jurisdiction enforces may differ from the most recent FDA release. Compliance is always determined by the edition your local health authority has adopted, not the latest published version.
Is the FDA Food Code Federal Law?
No. The FDA Food Code is a model regulation, not federal law. The FDA cannot mandate its adoption. Each state, county, or local jurisdiction independently decides whether to adopt it, which version to adopt, and how to incorporate it into enforceable local law.
Once adopted at the state or local level, the Food Code becomes legally binding within that jurisdiction. Until adopted, it functions only as guidance.
This is why the same food safety practice may be legally required in one state and voluntary in another.
How Often Is the FDA Food Code Updated?
The FDA publishes a new full edition every four years. Between full editions, the FDA releases supplements to clarify or update specific provisions without issuing an entirely new edition.
The update history is as follows. Between 1993 and 2001, new editions were released every two years. From 2005 onward, the cycle shifted to four years. The planned 2021 edition was delayed to 2022 to align with the Conference for Food Protection‘s revised biennial meeting schedule. The current edition is the 2022 Food Code, the 10th edition overall. The 2024 Supplement followed in November 2024. The next full edition is confirmed for 2026.
What Is the 2024 Supplement to the FDA Food Code?
The 2024 Supplement was released in November 2024 and updates the 2022 Food Code based on recommendations from the 2023 Conference for Food Protection biennial meeting.
Key changes in the 2024 Supplement include clarified guidance on disinfection, specifically distinguishing disinfectants from sanitizers and specifying when each must be used on food-contact surfaces, non-food-contact surfaces, and equipment. It also updated standard operating procedure requirements for cleaning and sanitizing, and made editorial corrections to several sections for content accuracy.
The 2024 Supplement does not replace the 2022 Food Code. It amends it. Both documents together represent the current complete FDA guidance for retail food safety.
What Changed in the 2022 FDA Food Code?
The 2022 edition introduced several changes that directly affect day-to-day operations.
Sesame was formally added as the ninth major food allergen under the FASTER Act of 2021. Written allergen disclosure is now mandatory for unpackaged foods at menus, deli counters, and bulk bins. Verbal disclosure is no longer sufficient.
Cooking requirements were clarified. Intact meat must reach 145 degrees Fahrenheit for 15 seconds. Non-intact meats must reach 155 degrees Fahrenheit for 17 seconds. Commercially packaged foods must be cooked according to manufacturer instructions.
Person in Charge responsibilities were expanded to include active oversight of thawing practices, Time as a Public Health Control, and employee illness reporting using clearer illness terminology.
Food donation was addressed for the first time in 30 years. Surplus food may be donated if properly stored, prepared, packaged, displayed, and labeled. Donations do not exempt establishments from Food Code compliance.
Sanitation updates lowered the hand sink water minimum to 85 degrees Fahrenheit, removed chemically treated towelettes as an accepted handwashing substitute, and prohibited reuse of chemical containers for food or food-contact items. Pet dogs are now permitted in outdoor dining areas where state and local law allows.
AAA Food Handler’s training programs reflect the full 2022 requirements, including the nine-allergen standard under the FASTER Act.
What Is the Difference Between the FDA Food Code and FSMA?
This is one of the most common points of confusion among food professionals.
The FDA Food Code governs retail and foodservice operations. It covers how food is handled, stored, prepared, and served at the consumer-facing end of the food supply chain. Restaurants, grocery stores, school cafeterias, and food trucks are all subject to the Food Code.
The Food Safety Modernization Act (FSMA) governs food manufacturers and processors. It covers how food is grown, harvested, and manufactured before it reaches a retail or foodservice setting.
If you operate a restaurant, food truck, or institutional cafeteria, the Food Code applies. If you manufacture packaged food products for wholesale distribution, FSMA applies. Central commissary kitchens distributing food to multiple locations or third parties may fall under both frameworks.
Which States Have Adopted the 2022 FDA Food Code?
According to the FDA’s 2024 Food Code Adoption Report, 11 state agencies in 7 states had adopted the 2022 Food Code at the time of publication. Three territorial agencies had also adopted it. Thirty state agencies across 24 states operate under either the 2022 or 2017 version, covering approximately 52 percent of the U.S. population.
Hawaii and Virginia completed rulemaking to adopt the 2022 edition in 2024, with effective dates in early 2025. California has historically maintained its own retail food safety regulations outside the standard Food Code structure.
To verify your state’s current adoption status, use the FDA Food Code Adoption Dashboard at fda.gov or contact your local health department.
Who Enforces the FDA Food Code?
The FDA does not directly enforce the Food Code at the restaurant or retail level. Enforcement is handled by state and local health departments, which conduct inspections and issue violations based on the edition their jurisdiction has adopted.
In states where multiple agencies share oversight responsibility, such as separate agencies for restaurants and retail food stores, each agency enforces the version it has adopted, which may differ between agencies within the same state.
What Are Priority, Priority Foundation, and Core Violations?
The FDA Food Code classifies all inspection violations into three categories based on their relationship to foodborne illness risk.
Priority violations are directly linked to foodborne illness. Examples include improper holding temperatures, bare-hand contact with ready-to-eat food, and inadequate cooking temperatures. These carry the most serious corrective action requirements.
Priority Foundation violations relate to the systems and documentation that prevent Priority violations, such as absent written procedures, inadequate employee health policies, or missing required records. Inspectors focus heavily on active managerial control, meaning documented systems are evaluated as rigorously as physical conditions.
Core violations involve general sanitation and facility conditions. These are lower risk but still citable.
What Is a Certified Food Protection Manager and Is One Required?
A Certified Food Protection Manager (CFPM) is an individual who has passed an accredited food manager certification examination. The 2017 and 2022 FDA Food Codes require the Person in Charge at a food establishment to demonstrate food safety knowledge, with CFPM certification being the recognized standard for meeting that requirement.
Many states mandate that at least one CFPM be present or on-site during operations. Requirements vary by jurisdiction, so operators should confirm what their local health department enforces.
AAA Food Handler offers accredited food manager certification that prepares candidates for the exam and meets requirements recognized across the United States. The program is designed around real inspection scenarios, not just test content.
Does the FDA Food Code Apply to Food Trucks and Mobile Food Units?
Yes. The Food Code explicitly covers mobile food units, commissaries, and ghost kitchens in addition to traditional brick-and-mortar restaurants, grocery stores, schools, hospitals, and nursing homes.
Mobile food unit operators are subject to the same core requirements as fixed establishments, including temperature controls, allergen disclosure, handwashing facilities, and Person in Charge responsibilities. Specific construction and equipment standards for mobile units may vary by jurisdiction.
What Happens If My State Has Not Adopted the Latest FDA Food Code?
The version your state has formally adopted is the legally enforceable standard in your jurisdiction. If your state operates under the 2013 or 2017 edition, those requirements apply to your establishment, regardless of what the 2022 edition or 2024 Supplement say.
The FDA does not override state law. Older adopted versions remain in force until a state completes a new rulemaking and adoption process.
This means operators in states running older editions are not required to comply with 2022 changes such as the sesame allergen requirement or updated PIC responsibilities until their state formally adopts a newer version. However, operators should stay informed about pending adoptions in their jurisdiction, as transition timelines can be short once rulemaking is finalized.
What Is Coming in the 2026 FDA Food Code?
The FDA has confirmed in its Human Foods Program 2026 Priority Deliverables that a new full Food Code edition will be released in 2026. The update will reflect current retail food science, updated best practices, and recent data on retail foodborne outbreaks.
The FDA is also developing a companion Retail Program Standards manual to help state, local, tribal, and territorial agencies strengthen their food safety programs alongside the new Code.
Based on the trajectory of the 2022 edition and 2024 Supplement, the 2026 update is expected to expand documentation requirements, reinforce active managerial control expectations, and continue tightening allergen enforcement. Operators who complete food manager and allergen training now and build stronger internal compliance systems will be better positioned when the new edition takes effect.
How AAA Food Handler Supports FDA Food Code Compliance
Meeting FDA food code requirements starts with properly trained staff. AAA Food Handler offers accredited food safety training aligned with current Food Code standards, covering food handler certification, food manager certification, and food allergen training that includes all nine major allergens recognized under the 2022 Code.
Our programs are recognized across the United States and built around real inspection environments. Whether you are onboarding a new team, fulfilling a health department requirement, or preparing your operation for the 2026 update, AAA Food Handler provides the structured, FDA-aligned training your team needs.
