ARTICLE
10 December 2024

Supplement To The 2022 Food Code

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Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
On November 4, 2024, the U.S. Food and Drug Administration (FDA) announced the publication of its Supplement to the 2022 Food Code. The Supplement updates the 2022 Food Code...
United States Food, Drugs, Healthcare, Life Sciences

On November 4, 2024, the U.S. Food and Drug Administration (FDA) announced the publication of its Supplement to the 2022 Food Code.The Supplement updates the 2022 Food Code with retail food handling and safety recommendations formulated by regulatory officials, industry, academia, and consumers at the 2023 Biennial Meeting of the Conference for Food Protection.The Food Code is a non-binding publication by the FDA arising out of the work of the conference intended for states to enact into law, and/or for food service providers to adopt as best practices.

The FDA typically issues a new Food Code every four years. Although the Food Code is not binding, it is intended as a model code to influence best practices in the retail and food service industries.As the FDA explains: the Food Code is the "best advice for a uniform system of provisions that address safety and protection of food offered at retail and in food service."

Some highlights in the Supplement to the 2022 Food Code include:

  • Adding new provisions addressing disinfection of food contact, nonfood-contact and equipment surfaces;
  • Expanding and clarifying how and when containers can be refilled and reused in a food establishment;
  • Addressing food protection with new provisions that improve awareness of food defense measures;
  • Building on the concept of Food Safety Management Systems and Active Managerial Control by defining the terms, including new provisions that speak to when a Food Safety Management System is required;
  • Updating testing requirements for reinstatement of food employees diagnosed with an illness from STEC, Shigella, or Nontyphoidal Salmonella to include culture-independent diagnostic tests.

The FDA has encouraged state, local, tribal, and territorial partners to adopt the current version of the FDA Food Code, including the Supplement to the 2022 Food Code. Food service companies and retailers are well advised to heed this Supplement and the updated guidance provided by the FDA because it reflects a science-based set of current best practices agreed upon by a diverse group of retail and food service stakeholders including regulators, industry, academia, professional organizations, and consumers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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