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NewsFDAFoodservice/Retail

FDA Releases 2026 Food Code With Updates on Food Defense, Employee Illness, Food Safety Management

By Food Safety Magazine Editorial Team
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Image credit: fabrikasimf via Freepik
September 17, 2026

The U.S. Food and Drug Administration (FDA) released the 2026 edition of the FDA Food Code on September 17, updating the agency’s model requirements for food safety at retail and foodservice establishments.

The 2026 Food Code includes new provisions addressing food defense, food safety management systems, employee illness policies, disinfection of equipment and utensils, food employee glove use, reusable containers, cooling methods, and other areas. FDA also added guidance related to sushi rice acidification, dehydration, and freeze-drying.

The Food Code represents FDA’s recommendations for a uniform system of provisions intended to safeguard public health and ensure that food offered to consumers is safe, unadulterated, and honestly presented. The model is offered for adoption by local, state, tribal, territorial, and federal jurisdictions with regulatory responsibility for foodservice, retail food stores, and food vending operations.

The 2026 edition was developed with input from regulatory officials, industry, academia, and consumers participating in the biennial meeting of the Conference for Food Protection (CFP). FDA also works with CFP, the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS), the U.S. Centers for Disease Control and Prevention (CDC), and the U.S. Environmental Protection Agency (EPA) on the Food Code.

Food Defense, FSMS Definitions Added to 2026 Edition

Among the notable changes, FDA added definitions for “Food Defense” and “Food Safety Management System” (FSMS) to Chapter 1 of the Food Code. The latter is intended to promote a preventive strategy for managing and controlling factors that can contribute to foodborne illness. FDA also added definitions for “Mobile Food Establishment” and “Water-Based Fire Protection Systems,” and revised the definition of “Food Establishment” to clarify that commissaries are considered food establishments.

Related changes were made to the Food Code’s management and personnel provisions. The 2026 edition added food defense as an area of knowledge for persons in charge and established provisions addressing employee training on food defense. FDA also revised the responsibilities of the person in charge to specify a duty to maintain active managerial control (AMC) by ensuring compliance with applicable Food Code requirements.

Additionally, FDA established requirements for a written FSMS. Under new Section 8-201.15, within four years of a regulatory authority’s adoption of the 2026 Food Code, covered food establishments must develop and maintain a written FSMS, implement it during all hours of operation, and make it available to the regulatory authority upon request. The requirement does not apply to certain establishments that the regulatory authority determines pose minimal foodborne illness risk based on the nature of their operations and extent of food preparation.

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Employee Illness Policies, Food Employee Requirements Updated

The 2026 Food Code reorganized and expanded provisions addressing employee illness management. FDA changed Part 2-5 from “Responding to Contamination Events” to “Policies and Procedures for Employee Illness Management.” Revised Section 2-501.11 now requires permit holders to provide a written employee illness policy that is available upon request. Procedures for cleaning up vomiting and diarrheal events were moved to new Section 2-502.11.

FDA also updated medical clearance provisions for certain food employees. Requirements for two consecutive negative stool culture tests were replaced with two consecutive negative laboratory test results from a validated test, using a laboratory accredited or certified to handle clinical specimens. Supporting information added to the Food Code discusses the use of culture-independent diagnostic tests for the reinstatement of food employees diagnosed with Shiga toxin-producing Escherichia coli (STEC), Shigella, or non-typhoidal Salmonella.

Changes were also made to rules on jewelry worn by food employees. FDA clarified that food employees may not wear jewelry on their arms and hands while preparing food, while maintaining an exception for a plain ring, such as a wedding band, and adding an exception for medically necessary devices for individuals with disabilities covered under the Americans with Disabilities Act.

Changes Address Glove Use, Reusable Containers, Cooking, and Cooling

Several updates to Chapter 3 address food handling practices. For single-use gloves, FDA added an exception allowing food employees, when approved, to continue using an interior single-use glove when it is protected from contamination by a task-specific, loose-fitting exterior glove and specified conditions are met. The Food Code also clarified requirements for discarding damaged or soiled gloves, and FDA expanded supporting information on glove hygiene, double-gloving systems, glove removal, and latex gloves.

The 2026 Food Code also revised provisions for refilling reusable containers. The changes clarify when containers may be refilled with food by food employees or consumers, as well as how containers may be refilled while preventing contamination of food and the premises. FDA also added supporting guidance for the safe use of reusable containers.

For packaged foods bearing manufacturer cooking instructions, FDA clarified that certain products must be assessed and properly handled before being offered as ready-to-eat (RTE) foods. A new provision also addresses following manufacturer rehydration instructions for commercially packaged dehydrated foods.

FDA also expanded the Food Code’s cooling provisions by adding placement of food at a depth of no more than 2 inches as an additional cooling method. The 2026 edition also allows an approved alternative method for cooling cooked Time/Temperature Control for Safety (TCS) food under specified conditions, including refrigeration with continuous electronic monitoring of time and ambient air temperature.

New Disinfection Provisions Added

The 2026 Food Code added a new Part 4-10 addressing disinfection of equipment and utensils when pathogens of concern are not controlled by available sanitizers, including following contamination with certain bodily fluids or during a foodborne disease outbreak or imminent health hazard.

For chemical sanitizers other than chlorine, iodine, or quaternary ammonium, the Food Code now specifies a minimum temperature of 24 °C (75 °F). FDA also clarified that when a test kit is used to determine the concentration of a sanitizing solution, the kit must be used in accordance with manufacturer label instructions.

Additionally, the 2026 Food Code requires covered waste receptacles in all toilet rooms.

FDA Adds Guidance for Sushi Rice, Dehydration, and Freeze-Drying

Changes to the Food Code’s annexes include several additions related to specialized food processing. Annex 6 now includes a section on acidification of sushi rice that provides further explanation of associated critical limits. FDA also added sections addressing critical limits associated with dehydration and freeze-drying in food establishments.

Other new supporting documents incorporated into the Food Code include a Major Food Allergen Framework, guidance for retail sushi HACCP standardization, guidance for temporary food establishments, and updated guidance for mobile food establishments.

FDA noted that numerous additional edits were made throughout the Food Code to improve consistency, correct errors in the 2022 edition, clarify provisions, update web links, and meet federal web accessibility requirements. The agency cautioned that its published summary of changes is intended to capture the nature of revisions and should not be considered an exhaustive comparison identifying every change from the 2022 Food Code and its supplement.

FDA Encourages Adoption of Updated Food Code

FDA has encouraged state, local, tribal, and territorial regulatory partners to adopt the 2026 Food Code. According to the agency, widespread adoption can help reduce foodborne illness risks in food establishments, establish more uniform retail food safety standards, eliminate redundant processes for developing food safety criteria, and create a more standardized approach to food establishment inspections and audits.

The Food Code itself does not establish a single nationwide retail food safety code. Rather, jurisdictions use the FDA model to develop or update their own food safety requirements and promote consistency with national food regulatory policy. FDA publishes a complete Food Code on a four-year cycle and may issue supplements containing updates, modifications, or clarifications between full editions.

FDA’s Office of Retail Food Protection is available to assist regulators, educators, and industry with adopting, implementing, and understanding provisions of the 2026 Food Code.
KEYWORDS: FDA Food Code

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The Food Safety Magazine editorial team comprises Bailee Henderson, Director of Content Strategy and news editor ✉, and Adrienne Blume, M.A., Director of Editorial and Industry Engagement.

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