Food safety regulations rarely make headlines — until something goes wrong.
But behind every restaurant inspection, allergen warning, temperature log, and handwashing sink requirement sits one powerful framework: the FDA food codes.
In late 2022, the U.S. Food and Drug Administration released the newest edition of the Food Code — marking 30 years of the modern retail food safety system. While it is not federal law, it shapes how more than one million food establishments across the United States are regulated.
For restaurant owners, managers, and food safety professionals, the 2022 update is not a minor revision. It strengthens allergen rules, clarifies cooking standards, expands managerial accountability, and signals where retail food regulation is heading in 2026.
At AAA Food Handler, we train food professionals nationwide, and we’re already seeing how these changes are influencing inspections and compliance expectations.
Here’s what you need to know.
What Are FDA Food Codes?
FDA food codes are model regulations that states adopt into their own food safety laws. They apply to:
- Restaurants
- Grocery stores
- School and hospital foodservice operations
- Nursing homes
- Childcare centers
- Vending operations
They do not apply to food manufacturers.
Because adoption happens at the state level, requirements may vary depending on your jurisdiction. As of recent data, most states operate under the 2013 or 2017 versions, while some are transitioning to 2022. Notably, California historically operated outside the Food Code, and South Dakota maintained one of the oldest versions for years.
This variation is why businesses must verify which edition their local authority enforces.
Why Was the Food Code Updated in 2022?
The 2022 edition reflects collaboration among the FDA and the Conference for Food Protection, as well as federal partners such as the Centers for Disease Control and Prevention and the U.S. Department of Agriculture.
The goals were clear:
- Reduce foodborne illness risk
- Standardize inspections nationwide
- Eliminate redundant safety processes
- Strengthen allergen protections
- Clarify ambiguous provisions
In short, the FDA aimed to modernize retail food safety without overcomplicating operations.
Major Changes in the 2022 FDA Food Code
1. Sesame Is Now the Ninth Major Allergen
One of the most significant updates aligns with the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act), which officially recognizes sesame as the ninth major food allergen.
This means:
- Sesame must be included in allergen training programs
- Written allergen disclosure is required for unpackaged foods
- Bulk self-dispensing foods must include allergen labeling
For restaurants, this often requires menu revisions, signage updates, and revised cross-contact protocols.
Allergen transparency is now a priority for inspections.
2. Written Allergen Disclosure Is Mandatory
Previously, some establishments relied on verbal communication of allergens. The 2022 Code now requires that major allergens be disclosed in writing for unpackaged foods.
This applies to:
- Restaurant menus
- Deli counters
- Grocery bulk bins
Inspectors increasingly expect visible compliance, not just verbal assurances.
3. Food Donations Are Officially Clarified
For the first time in 30 years, the Food Code directly addresses food donation.
Food may be donated if it has been properly:
- Stored
- Prepared
- Packaged
- Displayed
- Labeled
This clarification aligns with national hunger reduction strategies and reduces uncertainty for restaurants wishing to donate surplus food. However, compliance standards still apply — donations do not exempt food from safety requirements.
4. Updated Cooking and Temperature Requirements
The 2022 edition refines time and temperature rules in several ways:
- Clarifies the definition of “intact meat” and corresponding 145°F cooking allowances
- Reinforces higher temperature requirements for non-intact meats (155°F)
- Requires commercially packaged foods bearing the manufacturer’s cooking instructions to be cooked accordingly
- Requires foods not processed to control pathogens to be cooked using appropriate time and temperature controls
This places greater responsibility on chefs and managers to verify safe cooking parameters and follow manufacturer guidance precisely.
5. Risk-Based Inspection Categories: P, Pf, and Core
The Food Code continues to classify violations into three categories:
- Priority (P): Directly linked to foodborne illness (e.g., improper hot holding)
- Priority Foundation (Pf): Support systems that prevent Priority violations (e.g., training, procedures)
- Core: General sanitation and facility issues
Understanding these categories helps operators prioritize corrective actions. Inspectors increasingly focus on active managerial control — meaning documented systems matter as much as physical conditions.
6. Expanded Person in Charge (PIC) Responsibilities
The 2022 update reinforces accountability at the managerial level.
The Person in Charge must actively oversee:
- Thawing practices
- Time as a Public Health Control (TPHC)
- Employee illness reporting (now using clearer terminology such as “typhoid fever”)
This reflects a broader shift toward preventive management rather than reactive correction.
7. Sanitation and Operational Updates
Several refinements aim to close contamination gaps:
- Hand sink hot water minimum lowered to 85°F
- Chemically treated towelettes are removed as a temporary handwashing substitute
- Chemical containers may not be reused for food or food-contact items
While these updates seem technical, they reflect lessons learned from inspection trends and contamination incidents.
8. Pet Dogs in Outdoor Dining Areas
The 2022 Code allows pet dogs in outdoor dining spaces — if permitted by state and local law.
Important clarifications:
- Local regulations override the model code
- Restaurants may still prohibit pets
- Animals remain prohibited in food preparation and storage areas
This update reflects evolving consumer expectations while preserving sanitation boundaries.
State Adoption: Where Things Stand Now
One of the most misunderstood aspects of the FDA food codes is the adoption process.
The Food Code is a model document, meaning it does not automatically become law nationwide. Each state — and sometimes local jurisdiction — chooses when and how to adopt a particular edition.
Currently:
- Many states still operate under the 2013 or 2017 editions.
- Some have adopted the 2022 version.
- California has historically operated outside the full Food Code.
- South Dakota long maintained one of the oldest active versions (1995).
This patchwork adoption creates confusion for multi-location operators.
A restaurant group operating in two states may be regulated under two different Food Code editions simultaneously.
That is why AAA Food Handler emphasizes understanding your jurisdiction’s current adoption status, not just the latest FDA release.
Compliance is local — even when guidance is national.
How the 2022 Changes Affect Day-to-Day Operations
For many businesses, the impact is operational:
- Retraining staff on sesame and allergen controls
- Updating menus and signage
- Strengthening documentation procedures
- Reviewing cooking logs and manufacturer instructions
- Preparing for more documentation-focused inspections
These are not theoretical changes — they directly affect daily workflow and inspection outcomes.
What to Expect in 2026
While the next edition is still in development, trends suggest:
- Greater integration with Retail Program Standards
- Stronger food defense emphasis
- Expanded documentation expectations
- More structured Food Safety Management Systems
- Continued allergen enforcement tightening
The trajectory is clear: prevention, transparency, and managerial accountability will continue to increase.
Businesses that invest now in training and compliance systems will adapt more smoothly when the next update arrives.
Final Takeaway
The evolution of FDA food codes reflects a maturing retail food safety system. The 2022 update strengthened allergen protections, clarified cooking requirements, reinforced managerial accountability, and modernized operational expectations.
And 2026 will likely continue that momentum.
At AAA Food Handler, our mission is to help food professionals stay compliant, confident, and prepared through up-to-date food safety training and practical compliance education.
Because in today’s regulatory environment, staying informed isn’t optional — it’s essential.
Keep your team inspection-ready—train with AAA Food Handler today!
Frequently Asked Questions (FAQs)
Is The Fda Food Code Federal Law?
No. The FDA Food Code is a model code, not federal law. Individual states, counties, and local jurisdictions decide whether to adopt it — and which version to adopt. Once adopted locally, it becomes enforceable within that jurisdiction.
What Changed In The 2022 Fda Food Code?
The 2022 update introduced several key changes, including:
- Recognition of sesame as the ninth major allergen
- Mandatory written allergen disclosure for unpackaged foods
- Clarification on food donation safety requirements
- Updated cooking standards for intact and non-intact meats
- Expanded Person in Charge (PIC) responsibilities
- Allowance of pet dogs in outdoor dining areas (where locally approved)
- Lowered the hand sink water temperature requirement (85°F)
These changes strengthen transparency, allergen protection, and managerial accountability.
Is Sesame Now Required To Be Disclosed On Menus?
Yes. Sesame is officially recognized as the ninth major food allergen under the FASTER Act. If your state adopts the 2022 Food Code, establishments must include sesame in allergen training and written allergen disclosures for unpackaged foods.
AAA Food Handler includes updated allergen education in its food safety training programs to help operators stay up to date.
When Will My State Adopt The 2022 Food Code?
There is no universal adoption timeline. Some states have already adopted the 2022 edition, while others continue operating under the 2013 or 2017 versions.
Businesses should confirm adoption status with their local health department. AAA Food Handler encourages operators to stay informed about their jurisdiction’s enforcement version to avoid compliance gaps.
Can Restaurants Donate Unused Food Under The 2022 Code?
Yes — provided the food has been properly stored, prepared, packaged, displayed, and labeled in accordance with Food Code safety standards.
The 2022 update clarifies that food donation does not exempt establishments from safety requirements. Donation is permitted, but compliance still applies.
What Are Priority, Priority Foundation, And Core Violations?
The FDA Food Code classifies inspection violations into three categories:
- Priority (P): Directly linked to foodborne illness prevention
- Priority Foundation (Pf): Systems and documentation supporting Priority items
- Core: General sanitation and facility maintenance issues
Inspectors often focus heavily on Priority and Priority Foundation violations, particularly those tied to active managerial control.
Are cooking temperature requirements different now?
The 2022 update clarifies cooking requirements, including:
- Intact meat: 145°F for 15 seconds
- Non-intact meats: 155°F for 17 seconds
- Manufacturer cooking instructions must be followed for commercially packaged foods
- Foods not processed to control pathogens must be cooked using appropriate time and temperature parameters
Managers must verify and document safe cooking practices.
Are dogs allowed in restaurant patios?
The 2022 Food Code allows pet dogs in outdoor dining areas — but only if state and local regulations permit it.
Restaurants may still prohibit pets, and animals remain prohibited in food preparation and storage areas.
Does the FDA Food Code apply to food manufacturers?
No. The Food Code applies to retail and foodservice establishments such as restaurants, grocery stores, schools, hospitals, and nursing homes. Food manufacturers are regulated under separate federal regulations.
How should businesses prepare for the 2026 Food Code update?
Although details are still developing, trends suggest:
- Stronger food defense requirements
- More structured Food Safety Management Systems
- Greater documentation expectations
- Continued allergen enforcement expansion
Businesses can prepare by strengthening training, documentation systems, and internal oversight. AAA Food Handler provides updated food safety education aligned with evolving regulatory expectations.
