The U.S. Food and Drug Administration (FDA) recently released the 2026 edition of the FDA Food Code, the first complete edition since 2022. The Food Code provides FDA’s model requirements for food safety at restaurants, retail food stores, foodservice operations, and other retail establishments. Importantly, the Food Code is not itself federal law. Rather, state, local, tribal, and territorial authorities may adopt all or portions of it into their own requirements, meaning the timing and substance of implementation will vary by jurisdiction.
The 2026 edition incorporates changes previously published in FDA’s 2024 Supplement to the 2022 Food Code, along with additional updates developed through the Conference for Food Protection process. FDA’s summary of changes highlights several updates of particular relevance to industry, including new documentation requirements for employee illness policies, new flexibility for cooling and glove use, and expanded expectations around food safety management systems (FSMS).
Key Takeaways
- Written employee illness policies become an express documentation requirement. The 2026 Food Code provides that permit holders must maintain a written employee illness policy and make it available to regulators upon request. FDA also revised its model inspection form to specifically assess “Illness Documentation,” with the applicable requirement designated as a Priority Foundation item. Retail and foodservice operators should consider whether their existing employee illness-reporting and exclusion procedures are sufficiently documented and readily accessible for an inspection.
- FSMS receive increased emphasis. The complete 2026 edition carries forward the FSMS framework introduced in the 2024 Supplement. Within four years after a jurisdiction adopts the 2026 Food Code, covered establishments generally must develop and maintain a written FSMS, implement it during all hours of operation, and make it available to regulators upon request. Regulatory authorities may exempt establishments that they determine present minimal foodborne-illness risk based on their operations and extent of food preparation.
- New cooling and glove-use options may provide operational flexibility. The 2026 Food Code creates an exception permitting a double-glove system under specified conditions and with regulatory approval. It also expands permissible cooling approaches, including a pathway under which an approved alternative method may be used for cooling cooked time/temperature control for safety (TCS) foods subject to specified controls. These provisions are not blanket exceptions; operators seeking to use them will need to satisfy the applicable conditions and, where required, obtain regulatory approval.
- A number of other changes may require targeted SOP and training updates. Among other revisions, FDA’s 2026 summary of changes addresses manufacturer cooking instructions for foods offered as ready-to-eat; rehydration instructions for commercially packaged dehydrated foods; reusable containers; sanitizer temperatures and equipment disinfection; mobile food establishments and commissaries; and food employee training on food defense. FDA also added or expanded guidance addressing sushi rice acidification, dehydration, and freeze‑drying.
Practical Considerations
Companies operating retail food and foodservice establishments should consider several steps as jurisdictions begin evaluating the 2026 Food Code:
- Track adoption jurisdiction by jurisdiction. Because the Food Code is a model rather than a self-executing federal requirement, operators should confirm which Food Code edition and supplements apply in each state or locality in which they operate.
- Review employee illness documentation. Companies should assess whether existing illness-reporting, exclusion, and restriction policies address the new written-policy requirements and can be readily produced during an inspection.
- Assess existing food safety programs against the FSMS framework. Operators may already have many of the relevant controls in place through established food safety programs. A targeted review can identify whether additional documentation or implementation measures will be necessary as jurisdictions adopt the new Code.
- Evaluate whether the new operational flexibilities are useful. Companies that could benefit from the alternative cooling or double-gloving provisions should assess the applicable conditions and any regulatory-approval process before incorporating those approaches into operating procedures.
Looking Ahead
FDA is encouraging jurisdictions to adopt the 2026 Food Code, but adoption will occur on different timelines, and jurisdictions may modify FDA’s model provisions. Multijurisdiction operators therefore should continue monitoring state and local implementation while considering whether selected 2026 requirements—particularly those involving employee illness documentation and FSMS—warrant incorporation into enterprise-wide policies in advance of formal adoption.
MoFo’s Food Regulatory team will continue monitoring state and local adoption of the 2026 Food Code and related implementation developments. If you have questions concerning how the new Food Code may affect your operations, please contact the authors.