Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and/or Retail Food Stores
This annual report covers the period ending December 31, 2025.
About This Report
A key objective of the Food and Drug Administration's Retail Food Safety Initiative is to encourage widespread, uniform, and complete adoption of the FDA Food Code. Since the initiative's inception, the FDA has worked to promote Food Code adoption by state and territorial authorities responsible for regulating foodservice and retail food stores.
The Food Code provides practical, science-based guidance for mitigating risk factors known to cause or contribute to foodborne illness outbreaks in retail and foodservice establishments. Adoption of the Food Code represents a successful federal-state partnership that strengthens the nation's food protection system.
Since 2016, the FDA has published annual reports analyzing data documented by the FDA Retail Food Specialists. The current reporting framework tracks Food Code adoption from the 1993 version (1st full edition) through the 2022 version (10th full edition), as well as their associated Supplements, including the most recent Supplement to the 2022 Food Code, published in November 2024. Any efforts to adopt the new 2026 Food Code will be reflected in the subsequent annual adoption report.
Key Adoption Status
The FDA encourages all jurisdictions regulating food establishments to adopt the latest FDA Food Code. As of December 31, 2025, fourteen states have reached optimal adoption status by aligning at least one state agency’s regulations with the latest FDA Food Code.
States (14): Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Mississippi, Nebraska, Ohio, Pennsylvania, Rhode Island, Utah, and Virginia.
Territories (3): Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands.
Key Adoption Statistics
- 18 state agencies (14 states) have adopted the most current version (2022), representing 25.60% of the U.S. population
- 33 state agencies (26 states) have adopted one of the two most recent versions (2022 or 2017), representing 54.40% of the U.S. population
- 47 state agencies (37 states) have adopted one of the three most recent versions (2022, 2017, or 2013), representing 66.68% of the U.S. population
Key Findings
- 2022 Food Code Adoption: Adoption increased by 7 agencies in 2025, bringing the total to 18 state agencies by year-end.
- 2017 Food Code Adoption: Adoption showed steady growth from 2018 to 2021, peaking at 20 agencies in both 2021 and 2023, before declining to 15 agencies in 2025. No new adoptions of the 2017 Food Code or earlier versions have occurred since 2024.
- 2013 Food Code Adoption: Adoption peaked at 29 agencies in 2019, followed by a gradual decline to 14 agencies by 2025. No new adoptions occurred after 2020 (approximately 7 years post-publication).
- 2009 Food Code Adoption: Adoption decreased significantly from 24 agencies in 2016 to 8 agencies in 2025. No new adoptions occurred after 2016 (approximately 7 years post-publication).
- Older Versions (2005, 2001, 1999, 1997, 1995)
- 2005 Food Code: Gradual decline from 5 agencies to 2 agencies
- 2001 Food Code: Gradual decline from 7 agencies to 4 agencies
- 1999 and 1997 Food Codes: No agencies using these versions after 2019
- 1995 Food Code: One agency has maintained this version throughout the 10-year reporting period
- Non-Adoption: Two state agencies have not adopted any version of the FDA Food Code throughout the 10-year reporting period (2016–2025).