FDA recently released the 2022 Food Code, the first update to the Food Code since 2017. The Food Code provides guidance to state and local authorities, and, in many states, forms the basis for the state’s food safety regulations. According to the FDA, at the end of 2021, almost 90% of the American population lived in a state that has adopted some version of the Food Code.
When a state has adopted or incorporated a previous version of the Food Code into state regulations, the 2022 Food Code updates are not automatically incorporate; the version adopted previously by the state remains in effect until the state or local authority takes action to
The 2022 updates, when compared to the 2017 Food Code, include the addition of sesame as an allergen, to match federal allergen labeling requirements. Bulk food that is available for consumers to self-dispense must contain certain label information, including allergens and nutrition information. When unpackaged food items are sold or served to consumers, a written notification of any major allergens, including sesame, must occur.
In addition, the 2022 Food Code permits local regulatory authorities to allow pet dogs in outdoor dining areas; pet dogs were previously prohibited in all dining areas (with limited exceptions).
FDA also updated the required temperature for hot water at handwashing sinks. The 2022 Food Code requires hot water of at least 85F, while the 2017 Food Code requires hot water temperatures of at least 100F.
Although the 2022 Food Code is not yet the basis for state or local food safety regulations, it is likely that the changes adopted by FDA will be adopted by states in the coming years.
Liz Presnell is a food industry consultant and lawyer, and has worked in the food industry for nearly a decade. She can be reached at presnell@foodindustrycounsel.com.