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  6. Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and Retail Food Stores
  1. FDA Food Code

Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and Retail Food Stores

This report covers the period ending December 31, 2023. Originally posted May 16, 2024. The most recent version is the May 23, 2024 version.

A goal of the Food and Drug Administration’s (FDA) Retail Food Safety Initiative is to “encourage widespread, uniform, and complete adoption of the FDA Food Code.” Adoption of the Food Code by state and territorial authorities with responsibility for regulating foodservice and retail food stores has been a goal of the FDA since the inception of the FDA Retail Food Safety Initiative. Adoption of the Food Code represents a successful federal/state partnership for improving food safety. The Food Code establishes practical, science-based guidance for mitigating risk factors that are known to cause or contribute to foodborne illness outbreaks associated with retail and foodservice establishments and is an important part of strengthening our nation’s food protection system.

Since 2016, CFSAN’s (Center for Food Safety and Applied Nutrition) Office of Food Safety, Retail Food Protection Staff has been publishing annual reports by analyzing and compiling the information gathered by FDA’s Retail Food Specialists. In the current format, the 1993 version is the 1st edition of FDA Food Code, and the 2022 version is the 10th edition of FDA Food Code which was published in December of 2022. 2023 marked the 30th anniversary of FDA Food Code in the current format.

FDA encourages all jurisdictions that regulate food establishments to adopt the most current FDA Food Code including its Annexes and its Supplement. Three States (Connecticut, Mississippi, and Pennsylvania) and two Territories (Puerto Rico, and Virgin Islands) are already in the optimal level:  they adopt as soon as the new FDA Food Code (including its Annexes or its Supplement) is released.

Key numbers about adoption status:

  • 35 States have adopted one of the three most recent versions (2022, 2017, and 2013 version), representing 63.36% of the U.S. population. This is an increase of one State from the 2022 reporting period.
  • 22 States have adopted one of the two most recent versions (2022, and 2017 version), representing 47.37% of the U.S. population. This is an increase of three States from the 2022 reporting period.
  • 4 States have adopted the most recent version (2022 version), representing 7.65% of the U.S. population. This is an increase of two States from the 2022 reporting period.
  • 2 Territories have adopted the most recent version (2022 version).

Key findings: 

  • Adoption of the 2017 Food Code increased every year since it was published in February of 2018 and before the 2022 Food Code was published.
  • Adoption of the 2013 Food Code was increased before the 2017 Food Code was published and decreased after the 2017 Food Code was published.
  • Adoption of the 2009 Food Code decreased from 22 States to 8 States between 2016-2023.

Full 2023 Food Code Adoption Status Report (PDF 1.55)

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