Many of us like food, especially the current generation. It is easy to realize that because, look around and you will see uncountable stacks of restaurants, hotels, canteens, etc. You might even be a foodie reading this. So, if you are a foodie, you might have come across the regulations that these restaurants have been following.
However, if you are not one you might ask about how these restaurants are kept under good conditions and hence safe for the general mass.
There are two things to consider when taking into discussion the matter at hand. One is the food code and the other is federal law. What is the food code, what is the federal law? This is what will be conferred in this article.
1. What is the Food Code?
The Food Code is a set of rules grounded on science for preparing food and the food offered. The Food Code delineates the ideal ways to avert foodborne illnesses. It guides restaurants, vending operations, food service operations, retail food stores, health care facilities, and even vending machines and other outlets and physical facilities. This includes those in hospitals, schools, etc.
So, if restaurants and stores follow the rules (or a process) in the Code, they can eliminate significant factors that bring rise to food safety hazards. It also assists food control jurisdictions.
The Food and Drug Administration (FDA) hands this to the food industry as a tool or an instrument. However, the FDA does not require local health organizations to adhere to the Food Code, it is just a “model regulation”. In other words, they can adopt it wholly or parts of it. Moreover, the FDA permits substitute requirements that provide similar levels of safety.
2. What is the Federal Law?
The US Federal Government is typically referred to as “Federal Law“. The federal government created the Federal law and it is a law or body of laws at the national degree and applies across the entire nation.
Federal law is more prevalent in an explicit conflict between the two (state and federal government). However, if the state law provides more rights to the citizens, the state is presumed to be prevalent.
Now that it is possible to understand both terms, the next natural question is:
3. Is the Food Code Considered Federal Law?
The Food and Drug Administration (FDA) Food Code is grounded on suggestions from the Conference for Food Protection. This set of industry experts consists of inspectors, scientists, manufacturers, food service managers, educators, etc. who meet every two years. In this meeting, the group opinionates and discusses issues related to food safety.
Photo from Bermix Studio by Unsplash/Copyright 2023
The FDA Food Code is a “model” food code. This provides more than 3000 local, state, tribal, and federal food control agencies. The FDA Food Code is not a federal law. It is the FDA’s ideal “advice” for techniques to guarantee that food at food service and in retail is safe, under protection, and properly presented.
However, this is not mandatory for these regulatory agencies. They can either choose to adapt to their own food safety rules or adopt the FDA code according to their own jurisdiction. However, the FDA assists regulatory agencies even otherwise.
4. How Often is the Food Code Updated?
Currently, the FDA Food Code is being updated every four years. The last full update was in 2013, according to the 2021 Certifying Board for Dietary Managers. The FDA can update supplements if clarifications or updations need to be rectified. The current version of the FDA Food Code can be found here.
5. What Food Code is to be Followed? State/Local
It is crucial for a Certified Dietary Manager (CDM) or a certified food protection manager to know what agency supervises their workspace or facility. This lets them know which food code they are accompanied with. States could follow the federal code, but it is also possible they can adopt their own version of it.
However, workspaces or facilities that receive federal funding are run by the endorsements in the FDA Federal Code. On the flip side, there are other facilities that are run by the state or local code.
Photo from Lily Banse by Unsplash/Copyright 2017
6. Food Codes in Different Years
6.1. Food Code 1997
Some key areas the 1997 FDA Food Code touches on are:
- Equipment: the standards needed for proper cleaning, and sanitization of equipment and utensils used for cooking purposes.
- Sanitary Facilities: the necessities needed for the design and maintenance of facilities. This includes water supply, sewage clearance, and waste disposal.
- Food: This is an undeniable department. Suggestions on collecting, storing, and preparing food to stay clear of contamination and preserve quality.
Now that we have seen what the first update was after Food Code 1993, let’s look at some differences in the more recent Food Codes.
6.2. Food Code 2013
In this code, numerous changes were introduced. This included new guidelines for using consumer advisories for raw animal products or any type of undercooked products. Also, there are recent updates for handwashing and contact with foods with bare hands.
6.3. Food Code 2017
This version of the food code involved the reduction of dangers of foodborne illness upsurge. It was also inclusive of updates linked to developing allergen training for employees in the food service segment. This will guide them on the usage of bandages and disposable gloves and enhanced facilities for controlling the usage of extremely susceptible food. This will improve employee health.
6.4. Food Code 2021
This update further delved into recent scientific information and linked it to the surging food safety issues. Some changes recommended procedures for protection against allergen cross-contact, new necessities for handwashing sinks and temperature stabilization, and suggestions for protected food preparation like cut melons and leafy greens.
6.5. Food Code 2022
In this version of the food code, the FDA requires that significant food allergens, inclusive of sesame, be clearly listed on the packaging. This should be labeled either in the ingredients section or a separate allergen section to inform consumers of this significant food allergen.
This will assure those consumers with allergies to make decisions about packaged food and evade possible allergens that could impact harmful reactions.
Photo from Arisa Chattasa by Unsplash/Copyright 2019
Another major update in this version of the food code is food donations. Moreover, the FDA claims this is part of the “Administration’s National Strategy on Hunger, Nutrition, and Health,” which focuses on the eradication of hunger, the decrease of disparities, and the reduction of diet-related problems by the year 2030.
Conclusion
These updated versions of the FDA Food Code focus on aligning with the newest research (which includes scientific data), industry practices, and technology. This is to ensure the continual safety of the food supply and to prevent foodborne illness. Among the general population, the FDA Food Code focuses on public health protection.
This provides a legal basis, where no other code is encouraged, that serves health and human services. As a result, this would aid federal regulators in developing prevention against toxic materials and branch out that prevention to public health protection. Since this calls to a matter of public health, these codes have been honestly presented.
As for the topic at hand: The answer is that the food code is not federal law. Also, if more in-depth research is needed, you can visit the official FDA website to read full editions or consult with local health departments and similarly authorized agencies.
