Food Code 2022 Updated from 2017 Version - A Review of Pertinent Changes

FDA released the newest version of the Food Code 2022 - https://www.fda.gov/media/164194/download

"The U. S. Food and Drug Administration (FDA) publishes the Food Code, a model that assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry (restaurants and grocery stores and institutions such as nursing homes). Local, state, tribal, and federal regulators use the FDA Food Code as a model to develop or update their own food safety rules and to be consistent with national food regulatory policy."

According to the FDA announcement, the biggest changes in this latest update include:

• Adding sesame as a major food allergen to reflect that the Food Allergy Safety, Treatment, Education, and Research Act of 2021 established sesame as the 9th major food allergen;
• Informing consumers, in writing, of major food allergens as ingredients in unpackaged food;
• Adding labeling of major food allergens in bulk food that is available for consumer self-dispensing;
• Creating new requirements for the allowance of pet dogs in outdoor dining spaces; and
• Revising the definition of intact meat, including enhancements to clarify time/temperature cooking requirements

A summary of all the changes can be found here - 

https://www.fda.gov/food/fda-food-code/summary-changes-2022-fda-food-code

Here is a closer look at some of these changes as well as a few others that stand out.  (One item to note is #8 - the lowering of temperature of the water at the handwashing sink to 85F from 100F.  Note: this is not handwashing temperature, but the requirement that the handwashing sink must be capable of delivering running water that is at least 85F)

1. Sesame was added to the list of allergens requiring proper labeling.  Employees must be trained in allergen awareness, and part of this awareness is knowing the signs and symptoms of an allergen reaction, as well as the major allergens are in the food.

2. Definitions were modified for 'intact meat' and 'mechanically tenderized meat'.

“Intact Meat” means a cut of whole muscle(s) MEAT that has not undergone COMMINUTION, MECHANICAL TENDERIZATION, vacuum tumbling with solutions, reconstruction, cubing or pounding.

"Mechanically Tenderized" means manipulating meat by piercing with a set of needles, pins, blades or any mechanical device, which breaks up muscle fiber and tough connective tissue, to increase tenderness. This includes INJECTION, scoring, and processes which may be referred to as “blade tenderizing,” “jaccarding,” “pinning,” or “needling”

This revises the definition of the term “Mechanically Tenderized” to be consistent with the USDA FSIS description of “mechanically tenderized” in the 2015 final rule titled Descriptive Designation of Needle- or Blade-Tenderized (Mechanically Tenderized) Beef Product (80 FR 28153). The rule established labeling requirements for raw or partially cooked mechanically tenderized beef products and clarified that products injected with a marinade or solution are considered mechanically tenderized.

3. Amended §1-201.10 (B) to revise the definition of the term “Ready-to-Eat Food” to indicate what Ready-to-eat Food does not include.  [This was to make it clear that just because it is manufactured by a food company, it does not make it ready-to-eat....see #6 below]

"Ready-to-eat food" does not include:
(a) Commercially pACKAGED FOOD that bears a manufacturer’s cooking instructions; and
(b) FOOD for which the manufacturer has provided information that it has not been processed to control pathogens

4.  Added additional duties to Person in charge, specifically those to ensure temperature control during thawing.  (2-103.11)

• Amended to add new paragraph (J) to address additional duty requirement for the Person in Charge to ensure food employees are properly maintaining the temperatures of time/temperature control for safety foods during thawing and redesignated paragraphs (J) – (P) as new paragraphs (K) –(Q).

(J) FOOD EMPLOYEES are properly maintaining the temperature of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS during thawing through daily oversight of the FOOD EMPLOYEE’S routine monitoring of FOOD temperatures; P

5.  Added a section on food donations...basically the Food Code applies when donating food.

• Added new Subpart 3-204 on food donation under Part 3-2 Sources, Specifications, and Original Containers and Record
• Added a new § 3-204.10 titled Food Donation, to indicate when food may be offered for donation.

3-204.10 Food Donation.

FOOD stored, prepared, PACKAGED, displayed, and labeled in accordance to LAW and this Code may be offered for donation

6.  Addressing manufacturing cooking instruction (3-401.15).  Basically if a food has to be cooked per manufacturing instructions, it cannot be considered RTE.  The biggest issue may be associated with frozen vegetables that have cooking instructions that may be served. raw.

• Amended to add a new § 3-401.15 addressing manufactured food cooking instructions.

3-401.15 Manufacturer Cooking Instructions.

(A) Commercially PACKAGED FOOD that bears a manufacturer’s cooking instructions shall be cooked according to those instructions before use in READY-TO-EAT FOODS or offered in unPACKAGED form for human consumption, unless the manufacturer’s instructions specify that the FOOD may be consumed without cooking. P

(B) FOOD for which the manufacturer has provided information that it has not been processed to control pathogens, when used in READY-TO-EAT FOODS or offered for human consumption, shall be cooked according to a time and temperature appropriate for the FOOD.

7.  Amended allergen labeling for bulk foods

• Amended sub¶ 3-602.11(C)(2) to add a cross reference to sub¶ 3-602.11(B)(5) to address major food allergen labeling in bulk food available for consumer self dispensing.

(C) Bulk FOOD that is available for CONSUMER self-dispensing shall be prominently labeled with the following information in plain view of the CONSUMER:

(1) The manufacturer's or processor's label that was provided with the FOOD; or

(2) A card, sign, or other method of notification that includes the information specified under Subparagraphs (B)(1), (2), (5) and (6) of this section.

(D) Bulk, unPACKAGED FOODS such as bakery products and unPACKAGED FOODS

that are portioned to CONSUMER specification need not be labeled if:

(1) A health, nutrient content, or other claim is not made;

(2) There are no state or local LAWS requiring labeling; and

(3) The FOOD is manufactured or prepared on the PREMISES of the FOOD ESTABLISHMENT or at another FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT that is owned by the same PERSON and is regulated by the FOOD regulatory agency that has jurisdiction.

8.  Lowered the water temperature requirements for hand sinks from 100F to 85F.  (5-202.12) 

• Amend ¶ 5-202.12(A) to revise the hot water temperature at the hand sink from at least 38°C (100°F) to at least 29.4°C (85°F).

5-202.12 Handwashing Sink, Installation.

(A) A HANDWASHING SINK shall be equipped to provide water at a temperature of at least 29.4oC (85oF) through a mixing valve or combination faucet. Pf

9.  Dogs MAY be allowed to be in outdoor dining areas - 6-501.115  [No mention of cats]

• Amended § 6-501.115 Prohibiting Animals to add a new exception paragraph (D) to allow for pet dogs in outdoor dining areas, where approved.

(D) If approved by the regulatory authority, food establishments may allow pet dogs in outdoor dining areas