Snapshot Food Safety – Updated Food Code and State of the States

Food Code Basics 

The Food Code covers retail food safety practices: sourcing, personnel training and hygiene, facilities, safe food storage and preparation, and more. Jurisdictions at every level may adopt the Food Code and doing so may streamline implementation, provide enforceable regulatory structure, and allow for consistent training and inspection protocols across jurisdictions. 

A collaborative effort – Not a Top-Down Approach 

The Food Code is typically updated every four years following the Conference for Food Protection’s biennial meeting which convenes stakeholders from industry, state, local, tribal and territorial and federal regulatory affairs, academia, and more to recommend updates to the Food Code to support public health and consumer protection. This reflects a bottom-up approach to the advancement of science-driven, uniform retail food safety practices.  

Food Donations on the Table

Retail waste continues to make up a significant portion of food loss in the U.S. For the first time, the latest edition of the Food Code offers a more complete structure for retail food donation. Supplemental materials in the Food Code also provide details on donation best practices, from storage and dating to changing hands.

Allergens and Viruses 
As more people report having food allergies, and new viruses emerge, states are looking to add tools to their toolbox that will protect consumers. Under the latest iteration of the Food Code, allergen training for food handlers is addressed and sesame is included as a new major allergen. Additionally, the newest version of the Food Code, as well as previous iterations, incorporates the latest practices regarding emerging food-borne viruses. 

Dining is going to the dogs  

Many retail food establishments have seen increased demand for “doggy dining” in recent years. The 2022 Food Code offers an avenue to open outdoor dining spaces to pet dogs in those jurisdictions where it’s adopted, a timely addition as many states have recently introduced related legislation. 

In North Carolina, HB 735 (2019) authorized the Commission for Public Health to adopt rules incorporating all or part of the most recent edition of the United States food and drug administration food code. Adoption of the 2017 Food Code was effective as of Oct. 1, 2021.  

Connecticut HB 6666 (2021) updated its food code adoption directive to include the newest edition in CT ST § 19a-36h, effective Feb. 17, 2023. This also repealed certain sections of the state Public Health Code and allowed for prompt adoption of the 2022 Food Code. Local health departments have already begun sharing guidance on updates and compliance. 

Virginia enacted HB 2445 this year, which renews the Wholesome Food Donation Tax Credit, increasing the allowed credit to 50% of the fair market value of food donated and doubling the total annual allowable credit to $10,000. 

Florida considered HB 865 this year, which sought to strengthen allergen awareness in retail food by requiring more extensive training for manager certification and broader allergen notifications to the public. 

Many states including Florida, Kentucky, Michigan, Tennessee and Virginia authorize relevant departments, secretaries, boards, or commissions to adopt Food Code provisions.