FDA Publishes 2026 Food Code for Retail and Food Service

The U.S. Food and Drug Administration (FDA) has published the 2026 Food Code, updating its model for food safety regulation in retail and food service establishments for the first time since the 2022 edition.

The Food Code provides a model that state, local, tribal, territorial, and federal jurisdictions can use when developing or updating food safety regulations for restaurants, grocery stores, institutions, food vending operations, and other retail and food service establishments.

The Food Code itself is not a binding federal regulation. Adoption and implementation occur at the jurisdictional level, meaning the timing and specific requirements applicable to establishments can vary.

What’s New in the 2026 Food Code?

The 2026 edition includes a number of additions, revisions, and clarifications intended to improve public health, regulatory clarity, and implementation.

Among the changes are the addition or clarification of terms and concepts involving:

• Food defense, addressing efforts to protect food from intentional adulteration or tampering
• Food safety management systems, including procedures, training plans, and monitoring records intended to help prevent foodborne illness
• Mobile food establishments
• Treatment of commissaries as food establishments
• Employee health and illness-policy documentation
• Employee jewelry restrictions
• Disinfectants within provisions addressing poisonous or toxic materials

The new edition contains numerous other revisions affecting retail and food service operations.

A Model for State and Local Food Safety Regulation

Unlike federal regulations that apply directly to regulated businesses, the FDA Food Code serves as a model for government jurisdictions responsible for retail and food service safety.

FDA describes the Food Code as its best advice for a uniform system of provisions addressing food safety at retail and in food service.

FDA encourages jurisdictions to adopt the latest Food Code because broader adoption can help establish more uniform food safety standards, support consistent inspections and audits, and reduce complexity for regulated establishments.

However, adoption does not occur simultaneously nationwide. Businesses operating in multiple jurisdictions should therefore understand which edition and provisions have been adopted in the locations where they operate.

What Retail and Food Service Operations Should Consider

Restaurants, grocery retailers, institutional food service operations, mobile food establishments, and other businesses affected by retail food regulations should become familiar with the changes contained in the 2026 Food Code.

Companies may want to:

• Review FDA’s summary of changes from the previous Food Code
• Identify revisions potentially affecting current policies and procedures
• Monitor adoption activity in states and local jurisdictions where they operate
• Evaluate employee health, training, documentation, and food safety management procedures against updated provisions
• Prepare for differences in implementation timelines between jurisdictions

For businesses operating across multiple states or localities, monitoring adoption can be particularly important because applicable requirements may differ by jurisdiction.

EAS Perspective

Publication of a new FDA Food Code does not immediately change requirements for every retail or food service establishment. Its importance develops as regulatory jurisdictions review and adopt the updated model provisions.

Companies should use the release of the 2026 Food Code as an opportunity to understand what has changed and determine which revisions may eventually affect their operations.

Organizations operating across multiple jurisdictions should also monitor adoption closely so that changes in state or local requirements can be incorporated into food safety programs, employee training, policies, and documentation as appropriate.