Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and Retail Food Stores
Today, the Food and Drug Administration published the “Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and/or Retail Food Stores—2024 Annual Report.”
The FDA’s Office of Retail Food Protection encourages and monitors adoption of the FDA Food Code by state and territorial agencies in the United States responsible for regulation of restaurants and/or retail food stores. The 2022 Food Code is the 10th edition and most recent edition of the FDA Food Code. This report provides information on state agencies and jurisdictions that, as of 2024, have adopted a version of the FDA Food Code, including the Annexes and Supplement.
Key numbers about adoption status:
- 11 state agencies in 7 states have adopted the most recent version (2022 version), representing 16.06% of the U.S. population; additionally, 3 territorial agencies have also adopted the most recent version.
- 30 state agencies in 24 states have adopted one of the two most recent versions (2022 and 2017 version), representing 51.92% of the U.S. population.
- 46 state agencies in 36 states have adopted one of the three most recent versions (2022, 2017, and 2013 version), representing 64.64% of the U.S. population.
Restaurant and retail food store oversight in the United States is typically handled at the state and local levels, rather than the federal level. The FDA works with state and local agencies to encourage widespread, uniform, and complete adoption of the Food Code by all 50 states, the District of Columbia, and major U.S. territories.
The report includes adoption status, adoption methods, changes in adoption status, and primary areas where state agencies demonstrate less stringency compared to the FDA Food Code. It also provides the evolution of FDA Food Code adoption by 64 state agencies over a 9-year period, beginning with the first Food Code adoption annual report for 2016, using information gathered by FDA Retail Food Specialists.
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 the safety of our nation’s food supply.