FDA Food Code: What Commercial Kitchens Need to Know

The latest complete edition is the 2022 FDA Food Code, supplemented in November 2024. A commercial kitchen may be governed by that edition, an older edition, or a locally written code. Operators should confirm the applicable rules with the authority that licenses or inspects their establishment.

Key takeaways

• FDA publishes the Food Code as a regulatory model, not a nationwide restaurant law.
• State, local, tribal, territorial, and federal authorities may adopt or adapt it.
• The 2022 Food Code is the latest full edition. FDA issued a supplement on November 4, 2024.
• The newest FDA text does not automatically apply in every jurisdiction.
• The Food Code covers management, employee health, food handling, temperature control, equipment, facilities, and enforcement.
• Equipment certification supports compliance but does not replace proper installation, operation, cleaning, maintenance, or local approval.

What is the FDA Food Code?

The FDA Food Code gives food-control authorities a scientific and legal model for regulating restaurants, grocery stores, vending operations, and institutional foodservice settings such as schools, hospitals, and nursing homes.

The Food Code is a joint project of FDA, the Centers for Disease Control and Prevention, and the U.S. Department of Agriculture's Food Safety and Inspection Service. The Conference for Food Protection also submits recommendations developed through meetings involving regulators, industry, academia, and consumers.

FDA issued the Food Code in its current format every two years from 1993 through 2001, then moved to a four-year interval. The 2022 FDA Food Code is the tenth and latest full edition listed by FDA.

FDA released a supplement on November 4, 2024. FDA currently hosts a December 2024 corrected version of the same document. The correction date is not a new publication date. Changes addressed equipment and surface disinfection, reusable-container refilling, food defense, employee reinstatement testing, and food safety management systems.

Is the FDA Food Code federal law?

No. The Food Code is FDA's recommended model language. It gains legal force only when the authority with jurisdiction incorporates it into a statute, regulation, ordinance, or other enforceable rule.

An authority may adopt an edition in full, adopt it by reference, rewrite its provisions within a local code, or add and remove requirements through rulemaking. This is why a section quoted from the latest FDA document may not be the exact rule used during a local inspection. The locally adopted code and amendments control.

Who adopts the FDA Food Code, and why do rules differ?

Foodservice oversight is generally handled by state and local authorities, but the structure varies. A state may have one agency overseeing restaurants and retail food stores or several agencies dividing those duties. Counties, cities, tribal governments, territories, and federal authorities may also administer food-safety requirements.

FDA's 2024 Food Code Adoption Status Annual Report, covering the period ending December 31, 2024, reported that:

• 11 state agencies across seven states had adopted the 2022 Food Code, representing 16.06% of the U.S. population.
• 46 state agencies across 36 states had adopted one of the three most recent editions available at that time, 2022, 2017, or 2013, representing 64.64% of the population.
• 62 of the 64 state agencies tracked by FDA had adopted some version of the Food Code.

These figures do not identify the current rule for every city, facility type, or establishment.

FDA describes three adoption methods. Automatic short-form adoption incorporates the current Food Code by reference. Manual short-form adoption names an edition, often with modifications. Manual long-form adoption uses the Food Code as a framework while writing provisions into local regulatory text.

Jurisdictions can adopt different editions, amendments, exemptions, administrative procedures, and effective dates. Multi-location operators should therefore check each establishment separately rather than treat a national policy or training course as proof of local compliance.

How can an operator find the applicable Food Code?

Before relying on a Food Code section in a policy, kitchen plan, or equipment specification:

1. Identify the authority that issues the food permit or conducts routine inspections.
2. Locate the regulations. FDA maintains a directory of state retail and foodservice codes.
3. Confirm the edition, amendments, and effective date. Do not assume the latest FDA edition applies.
4. Check local ordinances and overlapping authority. Health, agriculture, building, fire, plumbing, and mechanical agencies may regulate different parts of the operation.
5. Document the answer with the establishment's compliance records.

When published material is unclear, ask the regulatory authority to identify the controlling provision.

How do commercial kitchens use the Food Code?

The Food Code appears in operating procedures, employee training, monitoring records, facility design, equipment selection, and corrective actions.

Management and employee health

Chapter 2 covers the person in charge, food-safety knowledge, certified food protection managers, employee health reporting, exclusions and restrictions, hand care, and hygienic practices.

Under §2-102.12 of the 2022 model, the person in charge must be a certified food protection manager unless the regulatory authority treats the establishment as minimal risk. The adopted local code determines the enforceable certification, presence, and exemption requirements.

Temperature control and date marking

Section 3-501.16 generally requires cold-held Time/Temperature Control for Safety food to remain at 41°F or below and hot-held TCS food at 135°F or above, subject to stated exceptions.

TCS foods can include meat, poultry, fish, dairy products, shell eggs, cooked plant foods, sprouts, cut melons, cut leafy greens, and cut tomatoes. Whether a food qualifies depends on its composition and processing.

Section 3-501.17 generally requires date marking for applicable refrigerated, ready-to-eat TCS food held for more than 24 hours. Under the 2022 model, qualifying food kept at 41°F or below may generally be held for up to seven days, with the preparation or opening date counted as Day 1. Empura's commercial refrigerator temperature requirements guide explains these rules and receiving exceptions in more detail.

Contamination controls and written procedures

Chapter 3 also covers approved sources, receiving, storage, preparation, cooking, cooling, reheating, holding, and consumer advisories. The correct control depends on the food and process.

Chapter 4 addresses equipment and utensils, including cleaning, warewashing, sanitizing, storage, and maintenance. Sanitizer temperature, concentration, pH, hardness, and contact time can depend on the method and product. Follow the adopted code and the product's EPA-registered label.

The November 2024 supplement added disinfection provisions for certain contamination events. Disinfection is distinct from routine cleaning and sanitizing and is not an everyday substitute for either process.

Written procedures are required in some circumstances, including time as a public health control, vomiting or diarrheal events, and processes requiring a variance or HACCP plan. An internal procedure does not by itself authorize an exception to normal requirements.

Where does equipment fit into compliance?

Equipment supports food safety through sufficient capacity, cleanability, durability, temperature control, and protection from contamination. Chapter 4 addresses equipment and utensils, while Chapters 5 and 6 cover related plumbing and physical facilities.

Section 4-205.10 says that food equipment certified or classified for sanitation to a recognized American National Standard through an ANSI-accredited certification program is deemed to comply with the design and construction provisions in Parts 4-1 and 4-2. The provision is not limited to one certifier. FDA's food-equipment standards fact sheet lists standards for refrigeration, cooking, preparation, ice making, warewashing, and other equipment.

Certification does not answer every compliance question. An inspector or plan reviewer may also consider whether equipment:

• Is approved and suitable for its intended use
• Has enough heating, cooling, or holding capacity
• Is installed according to its listing and manufacturer instructions
• Can be cleaned, inspected, maintained, and serviced
• Remains in good repair and protects food from contamination
• Holds food at required temperatures during actual use
• Meets applicable plumbing, ventilation, fire, electrical, and building requirements

A listed refrigerator still needs enough capacity and airflow for the kitchen's operating conditions. Empura's reach-in refrigerator buying guide covers capacity, door configuration, airflow, and maintenance. Food Code compliance also does not replace fuel-gas, mechanical, fire, or manufacturer requirements for cooking equipment. See Empura's commercial gas fryer installation guide for an example.

Common misconceptions

"The newest Food Code automatically applies to my kitchen."

Not necessarily. A jurisdiction may use an older edition or local amendments. Confirm the effective code with the authority that licenses or inspects the establishment.

"Every state has one restaurant food code."

Not always. Oversight may be divided among multiple state agencies and local authorities. The regulator can also depend on the establishment or activity.

"NSF certification is the only way equipment can be accepted."

The model Food Code refers more broadly to recognized American National Standards and ANSI-accredited certification programs. Local codes or plan-review policies may be more specific.

"Certified equipment guarantees Food Code compliance."

No. Certification may establish conformity with specified design and construction standards. It does not prove that equipment is correctly sized, installed, operated, cleaned, or maintained.

"FDA routinely inspects individual restaurants."

Routine restaurant inspections are generally conducted by state or local authorities using the code adopted in that jurisdiction. FDA publishes the model and supports retail food-safety programs but does not ordinarily serve as a restaurant's local inspection authority.

Frequently asked questions

Conclusion

The FDA Food Code is a national model, not one federal restaurant law. Operators should identify the code enforced at each location and translate it into procedures, training, monitoring, facility plans, and equipment decisions.

Start with the agency that licenses or inspects the establishment. Confirm the adopted edition, amendments, effective dates, and local requirements. Use that code together with manufacturer instructions, approved food-safety procedures, and guidance from the authority having jurisdiction.