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  1. FDA Food Code

Summary of Changes in the 2022 FDA Food Code

<< Food Code 2022

Originally posted December 28, 2022. The most recent version is the January 18, 2023 version. The version date is displayed in the top right corner of page 1. 

This Summary provides a synopsis of the textual changes from the 2017 FDA Food Code and the Supplement to the 2017 Food Code Chapters and Annexes to the 2022 edition. The primary intent of this record is to capture the nature of the changes rather than to identify every word or editing change. This record should not be relied upon as an absolute comparison that identifies each and every change.

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General

  • Numerous editing changes were made throughout the document for internal consistency, to correct some errors in the 2017 Code and for clarification.
  • Updated the web links throughout the Code and Annexes.
  • Converted several Tables, charts, and images throughout the Code to meet web accessibility requirements under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). Section 508 mandates that all federal agencies eliminate the barriers in accessing electronic and information technology.

Preface

  • Amended the Preface to revise Preface sections 3, 5, 6, and 9 to update internal references and to add an explanation of the change in Food Code release frequency from 2021 to 2022.

Chapter 1. Purpose and Definitions

  • Amended § 1-201.10 (B) to revise the definition of the term “Certification Number” to include all the certification and permit codes that may be found on a shellfish tag or label.
  • Amended § 1-201.10 (B) to revise the definition of the term “Commingle” to align with the NSSP Model Ordinance.
  • Amended § 1-201.10 (B) to add new term “In-Shell Product” meaning non-living, processed shellfish with one or both shells present.
  • Amended § 1-201.10 (B) to revise the definition of the term “Intact Meat” to clarify that beef products that are vacuum tumbled with solutions are not considered intact meats.
  • Amend §1-201.10 (B) to revise the definition of the term “Intact Meat” to add ‘cubing or pounding’. Note: The parenthesis (including injection) was removed in the Supplement to the 2017 Food Code due to the revised definition of the term ”Mechanically Tenderized” that includes injection.
  • Amended §1-201.10 (B) to revise the definition of the term “Major food allergen” in subparagraph (1)(a) to add Sesame as the 9th major food allergen, effective January 1, 2023.
  • Amended § 1-201.10 (B) to revise the definition of the term “Mechanically Tenderized” to be consistent with the USDA FSIS description of “Mechanically Tenderized” in the 2015 final rule titled Descriptive Designation of Needle- or Blade-Tenderized (Mechanically Tenderized) Beef Product (80 FR 28153). The rule established labeling requirements for raw or partially cooked mechanically tenderized beef products and clarified that products injected with a marinade or solution are considered mechanically tenderized.
  • Amended § 1-201.10 (B) to revise the definition of the term “Molluscan Shellfish” to clarify that the term is inclusive of shellstock, in-shell product, and shucked shellfish.
  • Amended § 1-201-10 (B) to revise the definition of the term “Poisonous or toxic material” to include a new fifth category “Restricted Use Pesticide”.
  • Amended § 1-201.10 (B) to revise the definition of the term “Ready-to-Eat” to replace “Fruits and vegetables” with “Plant foods” in paragraph (2)(c).
  • Amended § 1-201.10 (B) to revise the definition of the term “Ready-to-Eat Food” to indicate what Ready-to-eat Food does not include.
  • Amended § 1-201.10 (B) to revise the definition of the term “Reduced oxygen- packaging” in subparagraph 2(d) specific to cook chill packaging, to delete the phrase, “which have the air expelled”.
  • Amended § 1-201.10 (B) to revise the definition of the term “Shellstock” to clarify that it is live molluscan shellfish in the shell.
  • Amended § 1-201.10 (B) to revise the definition of the term “Shucked Shellfish” to clarify that both shells of this product are removed.
  • Amended § 1-201.10 (B) to add a new term “Tobacco Product”.

Chapter 2. Management and Personnel

2-101.11

  • Amended § 2-101.11 to add new ¶(C) to address situations where the regulatory authority has deemed a food establishment to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of their operation and extent of food preparation.

2-102.20

  • Amended ¶¶ 2-102.20(A) & (B) to correct the title of the Conference for Food Protection Standard to remove the “s” at the end of the word ‘Standards’ so it is not indicated as a plural word. The correct title now reads as, ‘Conference for Food Protection Standard for Accreditation of Food Protection Manager Certification Programs’.

2-103.11

  • Amended to add new paragraph (J) to address additional duty requirement for the Person in Charge to ensure food employees are properly maintaining the temperatures of time/temperature control for safety foods during thawing and redesignated paragraphs (J) – (P) as new paragraphs (K) –(Q).
  • Amended ¶ 2-103.11(N) (now ¶2-103.11(O) in the 2022 Food Code) to indicate what food allergy awareness includes.

2-201.11

  • Amended sub¶ 2-201.11(D)(1) to remove cross reference to ¶ 2-201.12(G) to correctly indicate conditions under which the food employee should be excluded.
  • Amended sub¶ 2-201.11(D)(2) to add a cross reference to ¶ 2-201.12(G) to correctly indicate conditions under which the food employee should be restricted.

2-301.14

  • Amended ¶ 2-301.14(D) to include new term “tobacco products”.

2-401.11

  • Amended § 2-401.11 to revise title and paragraph (A) to include the new term “tobacco products”.

2-403.11

  • Amended ¶ 2-403.11(A) to include a new cross reference to ¶ 6-501.115(D) that addresses allowance for pet dogs in outdoor dining areas.

Chapter 3. Food

3-201.11

  • Amended ¶ 3-201.11(C) to remove the cross reference to § 3-202.17.
  • Amended sub¶ 3-201.11(E)(1) to indicate the type of steak to obtain from a food processing plant.
  • Amended sub¶ 3-201.11(E)(3)(a) to remove “labeled by” and replace with “received from a” to clarify what is received from a food processing plant.
  • Amended to delete existing sub¶ 3-201.11(E)(3)(c) as it is no longer applicable to this paragraph.

3-202.17 / 3-202.18

  • Amended to re-number and merge § 3-202.17 with § 3-202.18 as the new § 3-202.18. Revised ¶ (A), added a new ¶ (B) and renumbered existing ¶ (B) to new ¶ (C) to clarify identification provisions under one section and removes redundant listing of all terms/forms/conditions of labeling/tagging and replaces with cross-reference to the model ordinance.

3-202.19

  • Amended § 3-202.19 to re-number as the new § 3-202.17 to clarify flow of product from receipt through service and record keeping. Removed the term “Shellfish” and replaced with “Shellstock.”

3-203.11

  • Amended § 3-203.11 to replace the term “Shellstock” with “Molluscan Shellfish” throughout this section.
  • Amended ¶ 3-203.11(B) to include language from the previous sub¶ 3- 203.12(C)(2)(b) to clarify prohibition of comingling in original containers.
  • Amended ¶ 3-203.11(C) to include In-Shell Product.
  • Revised new ¶ 3-203.11(E) (old ¶ (3-203.11D) to update cross-reference § 3-202.17 in sub¶¶ (E)(1)-(2) to correctly indicate § 3-202.18.
  • Amended ¶¶ 3-203.11(B)-(D) to renumber as new ¶¶ (C) – (E).

3-203.12

  • Amended § 3-203.12 title and entire section to replace the phrase “Shellstock and Shucked Shellfish” with the term “Molluscan Shellfish”.
  • Amended ¶ 3-203.12(B) and (C) to include an invoice as appropriate documentation.
  • Amended ¶ 3-203.12 (C) to revise sub¶ 3-203.12 (C)(2)(a) and re-designate as the new sub¶ 3-203.12 (C)(1) and (2).
  • Amended sub¶ 3-203.12 (C)(2) to include in-shell product and shucked shellfish.
  • Deleted sub¶ 3-203.12(C)(2)(b) and re-designated as the new ¶ 3-203.11(B).

3-204

  • Added new Subpart 3-204, Food Donation, under Part 3-2 Sources, Specifications, and Original Containers and Records.

3-204.10

  • Added a new § 3-204.10 titled Food Donation, to indicate when food may be offered for donation.

3-302.11

  • Amended sub¶ 3-302.11(A)(1) to add an additional exception indicating instances when raw animal food does not need separation from RTE food.

3-302.15

  • Amended ¶ 3-302.15(B) to include reference for the use of Produce Wash testing devices.

3-305.12

  • Amended ¶ 3-305.12(B) to revise risk designation from Core to Priority Foundation.

3-401.11

  • Revised sub¶ 3-401.11(A)(2) to delete the terms “mechanically tenderized” and “injected” and replace with the term “nonIntact meat”. Also removed the term “meats” from the listing of comminuted meats as it is already included by definition under the term nonIntact meat.
  • Amended sub¶ 3-401.11(C)(2) to align with the Food Safety and Inspection (FSIS) labeling requirements of mechanically tenderized beef products.

3-401.15

  • Amended to add a new § 3-401.15 addressing manufactured food cooking instructions.

3-501.13

  • Amended sub¶ 3-501.13(C)(1) to add a new cross reference under Thawing to the new § 3-401.15.
  • Amended ¶¶’s 3-501.13(A)-(C) to re-designate from a Core Item to a Priority Foundation (Pf) Item.
  • Amend sub¶ 3-501.13(C)(1) to include new cross-reference to new § 3-401.15 Manufacturer Cooking Instructions.

3-501.17

  • Amended sub¶ 3-501.17(G)(1) to update the existing cross reference of 21 CFR 110 with 21 CFR 117.

3-501.19

  • Added new sub-¶¶ (B)(2)(a), (b), (c), (d) to 3-501.19(B)(2) to address a READY- TO-EAT produce or hermetically sealed FOOD that is rendered TIME/TEMPERATURE CONTROL FOR SAFETY FOOD upon cutting, chopping, or opening of a hermetically sealed container to begin at 21°C (70°F) or less and remain at 21°C (70°F) or less within a maximum of 4 hours.
  • Re-designated existing ¶¶ 3-501.19(B)(2)(3) and (4) as new ¶¶ 3-501.19(B)(3)(4) and (5) respectively.

3-502.12

  • Amended to add new sub¶ 3-502;12(D)(2)(e)(iii) to address cook chill/sous vide products cooled to 5°C (41°F) in the sealed PACKAGE or bag as specified under §3-501.14 and subsequently cooled to 1°C (34°F) and moved to 5°C (41°F) holding temperature and held for a max of 7 days.

3-602.11

  • Amended sub¶ 3-602.11(C)(2) to add a cross reference to sub¶ 3-602.11(B)(5) to address major food allergen labeling in bulk food available for consumer self-dispensing.

3-602.12

  • Amended to add new ¶ 3-602.12(C) to inform consumers of major food allergens in unpackaged foods via written means.

3-801.11

  • Amended ¶ 3-801.11(C) to add a new sub-¶ (4) with cross-reference to new § 3-401.15 Manufacturer Cooking Instructions.

Chapter 4. Equipment, Utensils, and Linens

4-205.10

  • Amended § 4-205.10 to clarify that equipment that has been certified for conformance to an appropriate American National Standard is deemed to comply with the equipment sanitation provisions contained in Parts 4-1 and 4-2.

4-303.11

  • Amended § 4-303.11 to add the risk designation of priority foundation (Pf) item that was inadvertently left off in the 2017 Food Code.

4-401.11

  • Amended sub¶ 4-401.11 (A)(2) to revise risk designation from Core to Priority Foundation (Pf) item.

4-903.12

  • Amended sub¶ 4-903.12 (A)(2) to revise risk designation from Core to Priority Foundation (Pf) item .

Chapter 5. Water, Plumbing, and Waste

5-202.12

  • Amended ¶ 5-202.12(A) to revise the hot water temperature at the hand sink from at least 38°C (100°F) to at least 29.4°C (85°F).

5-203.11

  • Amended § 5-203.11 to delete “¶(C)” and remove any reference to “¶(C)” in this section.

Chapter 6. Physical Facilities

6-403.11

  • Amended ¶ 6-403.11(A) to include the new term “tobacco products”.

6-501.115

  • Amended § 6-501.115 Prohibiting Animals to add a new exception paragraph (D) to allow for pet dogs in outdoor dining areas, where approved.
  • Amended ¶ 6-501.115(A) to add a new cross reference to ¶ 6-501.115(D) to allow for pet dogs in outdoor dining areas, where approved.

Chapter 7. Poisonous or Toxic Materials

7-202.12

  • Amended sub¶ 7-202.12(B)(2) to remove “Restricted Use Pesticide” (RUP), as the definition of Poisonous or Toxic Materials has been revised to include RUP as the fifth category.

7-203.11

  • Amended to include the prohibition of storage of equipment, utensils, linens, single- service, or single-use articles in containers previously used for storing toxic chemicals. The section previously only mentioned the prohibition of storing food in these containers.

Chapter 8. Compliance and Enforcement

8-101.10

  • Amended ¶ 8-101.10(A) to include “or donated” in the application of this Code in public health protection.

8-103.12

  • Amended § 8-103.12 to include new ¶(A) addressing maintenance of APPROVED VARIANCE at the FOOD ESTABLISHMENT; Existing ¶¶ (A) and (B) renumbered to ¶¶ (B) and (C).

8-201.12

  • Amended ¶8-201.12(C) as part of the sentence was inadvertently left off in the 2017 Food Code.

8-201.14

  • Amended §8-201.14 to:
  • Delete sub¶ (C)(2) and add as new sub¶ (E)(2) that speaks to significant hazards for each critical control point
  • Delete sub¶¶ (C)(4) and (C)(5) and merge into newly revised ¶ (D) to highlight documents that should be submitted as a separate document
  • Redesignate existing ¶(D) as the new ¶(E)
  • Redesignate existing sub¶(D)(5) as the new sub¶ (E)(5) and switched former ¶(E)(4) to follow, so the sequence in new sub¶(E) now follows the sequence of the HACCP Principles of monitoring, corrective actions and verification, where the subparagraphs are now sequenced as:
    • (E)(4) establish monitoring procedures,
    • (E)(5) establish corrective actions,
    • (E)(6) establish verification procedures.
  • Redesignated existing ¶(E) as new ¶(F) and existing ¶(F) as new ¶(G)

8-401.10

  • Amended sub¶ 8-401.10(B)(1) to reflect updated cross references due to the addition of a new ¶(A) in § 8-103.12.

Annex 1. Compliance and Enforcement

  • No Changes.

Annex 2. References

1-201.10

  • Amended to revise § 1-201.10 to update titles, web links and dates for the following references:
    • #3 - Interactions Affecting the Proliferation and Control of Human Pathogens on Edible Plants.
    • #6 - Code of Federal Regulations, Title 9, Part 301. 2 Terminology; Adulteration and Misbranding Standards Definitions, Livestock.
    • #7 - Code of Federal Regulations, Title 9, Section 590.5 Inspection of Eggs and Egg Products (Egg Products Inspection Act), Terms Defined.
    • #19 - Federal Register: May 7, 2001 (Volume 66, Number 88), Rules and Regulations, Pages 22899-22907, DEPARTMENT OF AGRICULTURE, Food Safety and Inspection Service, 9 CFR Parts 362 and 381, Docket No. 01- 045IF, RIN 0583-AC84, Mandatory Inspection Ratites and Squabs.
    • #20 - Food Allergen Labeling and Consumer Protection Act of 2004. Public Law 108-282.
    • #22 - Food and Drug Administration/U. S. Public Health Service, 2020. National Shellfish Sanitation Program (NSSP).
    • #23 - Food and Drug Administration/U. S. Public Health Service, 2019 revision. Grade "A" Pasteurized Milk Ordinance.
    • #25 - Institute of Food Technologists (IFT) Report, Evaluation and Definition of Potentially Hazardous Foods, Food and Drug Administration Contract No. 223-98-2333, Task Order No. 4, December 31, 2001.
    • #29 - Salmonella spp. and Listeria monocytogenes Risk Assessment for Production and Cooking of Blade Tenderized Beef Steaks. Kansas State University.
    • #30 - Hazard Analysis and Critical Control Point System.
  • Amended to revise § 1-201.10 to add new reference (#21 - Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021) and renumbered the subsequent references.

2-401.11

  • Amended to revise § 2-401.11 title to include new term “tobacco products”.

2-501.11

  • Amended to update reference list to include three new references (#2, #11, #12).

3-201.15

  • Amended to update web link and date for reference #1 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

3-203.11

  • Amended to revise title from “Shellstock” to “Molluscan Shellfish, Original Container”.

3-203.12

  • Amended to revise title from “Shellstock” to “Molluscan Shellfish, Maintaining Identification”.

3-204.10

  • Amended to add new § 3-204.10 and 3 new corresponding references #1, #2 and #3.

3-401.11

  • Amended to update weblink for reference #9 “Draft Risk Assessment of the Public Health Impact of Escherichia coli O157:H7 in Ground Beef, Executive Summary”.

3-401.14

  • Amended to update weblink for reference #1 Appendix B, Compliance Guidelines for Cooling Heat-Treated Meat and Poultry Products (Stabilization).

3-501.17

  • Amended reference #5 Ready-to-Eat,Time/Temperature Control for Safety Food, Date Marking to update the title to 21 CFR 117.
  • Amended reference #19 USDA/FSIS Directive 10.240.4 to delete and re-number the remaining references.

3-501.19

  • Amended to add five new references in support of the new exception in §3-501.19. Renumbered references alphabetically to align with existing references.

3-502.12

  • Amended to update the weblink for reference #20 National Advisory Committee for Microbiological Criteria for Foods.

3. Supporting Documents

  • Amended section K. Requirements and Guidance for Retail Facilities Regarding Beef Grinding Logs Tracking Supplier Information to update links and harmonize language based on recent FSIS publications.
  • Amended to add new section, W. Minimizing the Risk of Campylobacter and Salmonella Illnesses Associated with Chicken Livers.
  • Amended to add new section X and update section title to Guidance Document for Direct-to-Consumer and Third-Party Delivery Service Food Delivery, 2019.
  • Amended to add new section Y. Whole Roaster Pigs: Guidance for Safe Handling and Cooking.
  • Amended to add new section Z. National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

Annex 3. Public Health Reasons/Administrative Guidelines

1-201.10

  • Amended to add Public Health Reasons for the term “Certification Number” as a new term and description to the alphabetical listing of terms.
  • Amended to add Public Health Reasons for the term “In-Shell Product” as a new term and description to the alphabetical listing of the terms.
  • Amended to add Public Health Reasons for new defined term “Tobacco Product” after the public health reasons for the term “Time/Temperature Control for Safety Food”.
  • Amended Public Health Reasons for §1-201.10 (B) Terms Defined to add new paragraph 7 under the defined term “Time/Temperature Control for Safety Food” to include information about product assessments.

2-101.11

  • Amended Public Health Reason for §2-101.11 Assignment, to add new paragraph 3 that addresses newly added exception for ¶2-101.11(C).

2-103.11

  • Amended Public Health Reasons for § 2-103.11 Person in Charge, to revise statement in paragraph 6 from “eight major food allergens” to “nine major food allergens”
  • Amended Public Health Reasons for §2-103.11 to add a new paragraph 8 addressing employee training on elements associated with food allergy awareness and what topics food establishments can consider including when developing operational- specific allergen training programs for employees.
  • Amended Public Health Reasons for §2-103.11 to revise newly designated paragraph 9 to correctly indicate paragraph (P) in the first sentence due to the newly redesignated paragraphs in §2-103.11.
  • Amended Public Health Reasons for §2-103.11 to address additional duty requirement for the Person in Charge to ensure food employees are properly maintaining the temperatures of time/temperature control for safety foods during thawing.

2-301.14

  • Amended Public Health Reasons for §2-301.14 to reference new defined term “tobacco products”.

2-401.11

  • Amended Public Health Reasons for § 2-401.11 to revise title to include new term “tobacco products”.

3-101.11 / 3-201.11

  • Amended Public Health Reasons for § 3-101.11 and § 3-201.11 to update paragraphs 15-22 with revised weblinks and updated information regarding meat and poultry.
  • Amended Public Health Reasons for § 3-201.11 to revise paragraph 24 to update information regarding labeling of steaks that are non-intact.

3-202.18

  • Amended to re-number and merge Public Health Reasons for § 3-202.17 with § 3-202.18 as the new § 3-202.18.
  • Amended Public Health Reasons for new § 3-202.18 to place descriptive paragraph from old § 3-202.18 as paragraph one.
  • Amended Public Health Reasons for § 3-202.18 to add new paragraph two and three to describe dual-purpose tags.
  • Amended Public Health Reasons for § 3-202.18 to place descriptive paragraph from old § 3-202.17 as paragraph four.

3-202.19

  • Amended to delete existing Public Health Reasons for § 3-202.19 and re-number as the new § 3-202.17.

3-203.11

  • Amended Public Health Reasons for § 3-203.11 paragraph 2 to update citation from § 3-202.17 to § 3-202.18.

3-203.12

  • Amended Public Health Reasons for § 3-203.12 to revise title from “Shellstock, Maintaining Identification” to “Molluscan Shellfish, Maintaining Identification.
  • Amended Public Health Reasons for § 3-203.12 paragraphs 1-4 to replace the term “Shellstock” with “Molluscan Shellfish” wherever the term was used.

3-204.10

  • Added new public health reasons for § 3-204.10 to address food donation compliance with law and Code applicability.

3-302.11

  • Amended Public Health Reasons for § 3-302.11 to revise paragraph 1 to include information on the additional exception provided in subparagraph (A)(1) indicating instances when raw animal food does not need separation from RTE food.
  • Amended Public Health Reasons for § 3-302.11 to revise paragraph 2 to appropriately characterize terminology from allergen cross contamination to allergen cross contact in the last sentence.

3-305.12

  • Amended Public Health Reasons for § 3-305.12 to add new paragraph 2 that provides reference to the public health reason for § 2-501.11.

3-401.11

  • Amended Public Health Reasons for § 3-401.11 to revise paragraphs 3, 10, 12-16 and add a new paragraph 11 to clarify and update information with revised FSIS policies.

3-401.15

  • Added Public Health Reasons for new § 3-401.15 Manufacturer Cooking Instructions.

3-501.14

  • Amended Public Health Reasons for § 3-501.14 to revise paragraphs 12 -14 in the section addressing the CFSAN/FSIS Joint Position Paper on Cooling to update and harmonize with revised FSIS policies.

3-501.17

  • Amended Public Health Reasons for §3-501.17 Ready-to-Eat, Time/Temperature Control for Safety Food, Date Marking, to include reference to a fact sheet developed to assist industry and regulatory authorities to better understand the types of information that may be included on a date marking label and what the disposition time of that product looks like based on the information provided.
  • Amended Public Health Reasons for § 3-501.17 to revise the weblink under the “FDA/USDA/CDC Listeria monocytogenes Risk Assessment” section in paragraph 1 for the Quantitative Assessment of the Relative Risk to Public Health form the Foodborne Listeria monocytogenes Among Selected Categories of Ready-to-Eat Foods.
  • Amended Public Health Reasons for § 3-501.17 to revise the weblink under the “Hard and Semi-soft Cheeses” section in Paragraph 1 for FDA issuing an exemption from date marking for certain types of hard and semi-soft cheeses.
  • Amended Public Health Reasons for § 3-501.17 paragraph 10 (Deli Salads Prepared and Packaged in a Food Processing Plant) to update the existing cross reference of 21 CFR 110 with 21 CFR 117.

3-501.19

  • Amended Public Health Reasons for §3-501.19 Time as a Public Health Control to add new paragraph 16 that addresses newly added exception for ¶3-501.19(B)(2).

3-502.12

  • Amended Public Health Reasons for §3-502.12, Reduced Oxygen Packaging with One Barrier (Cook-Chill and Sous Vide) to indicate there are “four” options for cooling cook- chill and sous vide TCS foods.

3-602.11

  • Amended Public Health Reasons for § 3-602.11 to revise paragraph 1 under the subheading ‘Food Allergen Labeling’ to clarify how FALCPA amended the FD&C Act and added a new paragraph 2 to provide information on the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act).

3-602.12

  • Amended Public Health Reasons for § 3-602.12 to add new paragraph 3 under the subheading “Food Labels and other forms of information” and added a new paragraph 2 and revised existing paragraph 1 under the subheading “Food Allergen Labeling” to address the inclusion of written notification of major food allergens in unpackaged foods.

4-501.114

  • Amended Public Health Reasons in § 4-501.114 to clarify intent of paragraph 3 that formulation of food contact surface sanitizers is not limited to chlorine, iodine and quaternary ammonium compounds.

5-202.12

  • Amended Public Health Reasons for ¶ 5-202.12(A) to revise paragraphs 1 and 2 to incorporate the revision from the hot water temperature at the hand sink from at least 38°C (100°F) to at least 29.4°C (85°F).

6-501.115

  • Amended Public Health Reasons for §6-501.115 Prohibiting Animals to add new paragraph 6 that addresses allowance of pet dogs in outdoor dining areas, where approved.

Annex 4. Management of Food Practices-Achieving Active Managerial Control of Foodborne Illness Risk Factors

  • Amended Section 3. The HACCP Principles, Category (A) (4) Food Allergens As Food Safety Hazards
    • Amended paragraph 2 to add sesame to the list of major food allergens.
    • Amended paragraph 4 to clarify requirements that are included in FALCPA.
    • Added new paragraph 5 to indicate new requirements as a result of the FASTER Act.
  • Amended Annex 4, Tables 2a-b Common Chemical Hazards at Retail, Along with their Associated Foods and Control Measures
    • Amended Table 2a. to add “Sesame” in the Associated Foods box addressing allergens (foods containing or contacted by).
    • Amended Table 2b. to remove the columns associated with the flavor enhancer monosodium glutamate (MSG) from the table.
  • Amended paragraph 1 in Section 3. The HACCP Principles. Category (C) Principle #3: Establish Critical Limits (2) What are examples of critical limits to correctly reference the appropriate pH critical limit for the acidification of sushi rice.

Annex 5. Conducting Risk-Based Inspection

  • No Changes.

Annex 6. Food Processing Criteria

  • Amended Section 2. Reduced Oxygen Packaging, Section (B) Definitions, paragraph (B)(1) to delete the phrase “which have the air expelled.”.

Annex 7. Models Forms, Guides, and Other Aids

Form 3-A Food Establishment Inspection Report

  • Amended Item #1 Supervision to include an additional compliance status of N/A to address new exception in ¶ 2-101.11(C).
  • Amended Item #6 Proper eating, tasting, drinking or tobacco use to replace “tobacco use” with the new term “tobacco products”.
  • Amended to update Item #14 title to replace the term ‘shellstock tags” with “molluscan shellfish.”

Guide 3-B, Instructions for Marking the Food Establishment Inspection Report, Including Food Code References for Risk Factors/Interventions and Good Retail Practices

General Marking Instructions. Amended the Instructions for Marking the Food Establishment Report in Sections C (Risk Factors) and D (Good Retail Practices) to capture new or updated cross references based on changes made in this Supplement as follows:

Item #1

  • Amended Item #1 to include an additional compliance status of N/A to indicate that the item is not applicable for the facility.
  • Amended Item #1, PIC present, demonstrates knowledge, and performs duties to revise applicable code section for § 2-103.11 to include redesignated paragraphs (A)-(O) and (Q).

Item #3

  • Amended Item #3, Management and food employee knowledge, and conditional employee; responsibilities and reporting, to revise applicable code section for § 2-103.11 to update it to read as 2-103.11 (P) to match the redesignated paragraph numbering in § 2-103.11.

Item #6

  • Amended Item #6, Proper, Eating, Tasting, Drinking or Tobacco Use to update the title to include the new term “tobacco products” and include tobacco products in the descriptive narrative and to update the applicable code sections to reflect the revised section title for 2-401.11 to include the new term “tobacco products”.

Item #11

  • Amended item #11, Approved Source, to rename the title to more appropriately state, “Food From a Source that Complies with Law”.
  • Amended Item #11 to make an editorial change to clarify the IN/OUT instructions that food must be obtained from sources that comply with Law.

Item #14

  • Amended Item #14 Required records available: shellsotck tags, parasite destruction to revise title and descriptive language to replace the terms “shellstock tags” with “molluscan shellfish identification”.
  • Amended Item #14 Applicable Code Sections to replace the terms “shellstock tags” with “molluscan shellfish” where applicable.

Item #15

  • Amended Item #15 Food Separate and Protected to add additional parameters clarifying RTE food may be combined with raw animal food when combined as ingredients for future prep/cooking.

Item #18

  • Amended Item #18 to update the IN/OUT marking instructions to add additional information about foods bearing manufacturer cooking instructions or a disclosure that the food has not been processed to control pathogens.
  • Amended Item #18 to update the table of “Internal Cooking Temperature Specifications for Raw Animal Foods” to denote the proper cooking time/temperatures under intact meat and to replace the terms mechanically tenderized and injected with nonIntact Meat to harmonize with the revised definition of Intact meat.
  • Amended Item #18, Proper cooking time and temperature to add a new Applicable Code Section: 3-401.15 Manufacturer Cooking Instructions.

Item #29

  • Amended Item #29 to reflect marking the inspection report Out of Compliance when the approved variance in ¶ 8-103.12(A) is not kept at the food establishment.

Item #35

  • Amended Item #35 to revise the risk designation from a core item to a priority foundation item under the applicable code § 3-501.13 Thawing.

Item #37

  • Amended Item #37, Food Properly Labeled, Original Container to add guidance that addresses bulk food available for consumer self-dispensing and labeling of major food allergens.
  • Amended Item #37, Food Properly labeled, Original Container to reflect new addition of consumer written notification of major food allergens as an ingredient in unpackaged foods.
  • Amended Item #37 Food properly Labeled; Original Container to remove 3-202.17 as an applicable code section.

Item #39

  • Amended Item #39, Contamination prevented during food preparation, storage and display to add risk designation of Priority Foundation to applicable code section 3-305.12.
  • Amended Item #39 Contamination prevented during food preparation, storage and display to remove applicable code section 3-202.19 and replace with applicable code section 3-202.17.

Item #44

  • Amended Item #44, Utensils, equipment and linens; properly stored, dried and handled to add risk designation of Priority Foundation to applicable code section 4-903.12.

Item #47

  • Amended Item #47, Food and non-food contact surfaces cleanable, properly designed, constructed and used to add risk designation of Priority Foundation to applicable code section 4-401.11.

Item #48

  • Amended Item #48 to revise the title of § 4-501.110 under the applicable code sections, which was incorrectly written in the 2017 Food Code.
  • Amended Item #48 to include § 4-501.116 Warewashing Equipment, Determining Chemical Sanitizer Concentration under the applicable code sections that was inadvertently missing in previous versions of the Food Code.

Chart 4-D FDA Food Code Mobile Food Establishment Matrix

  • Revised Chart 4-D FDA Food Code Mobile Food Establishment Matrix to delete reference of ¶ 5-203.11(C) from the following categories: “Personnel”, “Water & Sewage” to reflect the deletion made in § 5-203.11.
 

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