FDA has issued the 2026 Food Code with numerous amendments and updates addressing a range of food safety topics. While many are simply editorial or clarifying, there are some significant updates of which food establishments should be aware. Although the Food Code is not a federal regulation, it represents FDA’s advice for a uniform system of food safety provisions at retail and foodservice; and many state and local governments adopt it as state rule or regulation. As such, it is important that facilities know and understand the regulations within the jurisdiction in which they lie, any corporate or customer requirements, and the amendments and updates in the 2026 edition.
Along with the full Food Code, FDA provides a Summary of Changes as a synopsis of the updates with reference to the provision of each change where further information can be found. Among these, some of the most significant changes were in reference to employee illness policy requirements, food safety management systems, allergens, food defense, jewelry bans, and alternative glove use and cooling methods, as detailed below.
Employee Illness Policies Requirements
The Food Code now requires that facilities have a written Employee Illness Policy, made available to inspectors upon request, that includes procedures to address employee reporting of and compliance to requirements for illness symptoms of diarrhea, vomiting, sore throat with fever, jaundice or infected wounds or cuts and any disease diagnosis due to norovirus, hepatitis A virus, Shigella spp., Typhoid fever, non-typhoidal Salmonella, or Shiga toxin-producing Escherichia coli Illness. It must also address employee exclusion and/or restriction and their reinstatement after symptom or disease resolution. Additionally, the written policy is to include procedures for employees to follow in response to vomit or diarrheal/fecal matter on surfaces in the food establishment, including the specific actions for employees to take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces.
Food Safety Management System Definition and Requirements
The updated food code newly defines food safety management system (FSMS) as “a specific set of actions taken by the employee to prevent the occurrence of foodborne illness *risk factors based on the type of operation, type of food preparation, and food prepared within the food establishment.” In relation to that, the code adds a new section on when an FSMS is required, stating that within four years of the relevant regulatory authority’s adoption of this code, a written FSMS shall be developed, maintained, and implemented during all hours of operation. It also is to be made available to the regulatory authority upon request. FDA notes that an FSMS that is developed based on HACCP principles “contains many of the needed elements and provides a comprehensive framework by which an operator can effectively control the occurrence of foodborne illness risk factors.”
Allergens Cross-Contact & Framework
To clarify the meaning of cross-contact and address a request from the Conference for Food Protection (CFP), the update defines cross-contact and adds an additional requirement. Cross-contact is defined as occurring “when a major food allergen, which is not an intentional ingredient in a food, is unintentionally introduced into that food.” The amendment added by request of the CFP is that food-contact surfaces of equipment and utensils that have contacted raw animal foods that are major food allergens (e.g., raw fish) be cleaned and sanitized prior to contacting other types of raw animal foods. The Food Code was also amended to add a new section that references the CFP-developed Major Food Allergen Framework to provide a voluntary operational framework for food allergy prevention and control. The document outlines practices such as training of food handlers, food handling policies and practices, tools to notify consumers about major food allergens, and food allergy reaction and emergency response.
Food Defense
Defining food defense as “the effort to protect food from acts of intentional adulteration or tampering,” the 2026 Food Code adds new requirements for the person in charge and employees. The person in charge should be able to demonstrate to regulators their knowledge of foodborne disease prevention, application of the hazard analysis and critical control point principles, and the requirements of this code based on the risks inherent to the food operation. They are to be able to explain steps that are taken to prevent intentional adulteration by consumers, employees, or other persons, including monitoring operations, ingredients, supplies, and finished products for unusual or suspicious activities, or other food defense activities. It is also required that employees be made aware of food defense, such as signs of intentional acts of adulteration as it relates to their assigned duties, and that they report suspicious activity to the person in charge. To assist in this, FDA added the reference Food Defense Guidance from Farm to Table (page 260), which includes a summary of available resources on food defense for retail and foodservice.
Jewelry
New restrictions on jewelry have been added to the code which prohibit employees from wearing jewelry on their arms and hands while preparing food. Excepted are a plain ring (e.g., a wedding band) and medically necessary devices that can be kept clean and worn in a manner that prevents potential contamination, when worn by an individual with a disability covered under the Americans with Disabilities Act.
Alternative procedure allowances for:
Glove usage. With the previous edition of the Food Code reading that single-use gloves are to be used for only one task, an exception has been added to state that if a single-use glove is used over an interior single-use glove, the interior glove may continue to be used, provided it is protected from contamination through the use of a task-specific loose-fitting exterior glove under certain conditions (such as working with RTE or raw animal food and used for no other purpose). Additionally, the exterior glove removal and discard must not allow for contamination, or exposure to contamination, of the hands and the interior glove. The exterior glove must also be loose enough to allow removal by gravity, without contacting the interior glove and without requiring the exterior glove to be peeled off. The exterior glove must be single use only and immediately discarded in an appropriate waste container after use, and the interior glove must remain intact with no tears or punctures, and no contamination. The procedure must be approved by the applicable state/local authority.
Cooling Methods. The Food Code authorizes the use of an additional cooling method for time/temperature-controlled foods (if approved by the applicable state/local authority). This method allows the food to be placed, no more than 2 inches deep and uncovered, in a refrigeration unit that maintains ambient temperature of 5°C (41°F) or less and is equipped with an electronic system that continuously monitors time and ambient air temperature.
Although the Food Code is particularly focused toward retail and foodservice, food establishments of all types can benefit from review and implementation of some of the provisions that are not currently required by the FSMA cGMPs or Preventive Controls Rule. One in particular is the new requirement to have written employee illness policies. While cGMPs do require health and hygiene controls and training, by developing, implementing, and documenting a written policy, you can help both managers and employees better understand the how and the why of protecting against disease contamination. As the risk management maxim states – and we’ve often repeated: If it’s not documented, it didn’t happen.
In Summary, FDA has issued the 2026 Food Code with numerous amendments and updates addressing a range of food safety topics. Some of the most significant changes were in reference to employee illness policy requirements, food safety management systems, allergens, food defense, jewelry bans, and alternative glove use and cooling methods. Although the Food Code is particularly focused toward retail and foodservice, food facilities of all types can benefit from review and implementation of some of the provisions.
