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Retail Food Protection Center for Food Safety and Applied Nutrition

Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and/or Retail Food Stores—2023 Annual Report

The Food Code is a model code for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer. It represents FDA’s best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. The Food Code is offered for adoption by local, state, tribal, territorial, and federal governmental jurisdictions for administration by the various departments, agencies, bureaus, divisions, and other units within each jurisdiction that have been delegated compliance responsibilities for food service, retail food stores, or food vending operations. FDA encourages its state, local, tribal, and territorial partners to adopt the latest version of the FDA Food Code. In the current format, the 1993 version is the 1st edition of FDA Food Code, and the 2022 Food Code is the most recent full edition published by FDA, and it was published on December 28, 2022. 

This report was compiled by the Center for Food Safety and Applied Nutrition’s Office of Food Safety, Retail Food Protection Staff. The data collected for this report was based on information obtained from FDA’s Retail Food Specialists who monitor Food Code adoption activities within each state and territory.

This report covers 50 states, the District of Columbia (DC), and major U.S. territories. It includes adoption status, adoption methods, changes in the year of 2023, and summary changes from 2016 to 2023. Its release date is May 16, 2024.

Food Code Adoption Status Report (2023)

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Working with Shelly on various new product launches over the last couple of years has been seamless. Quick and clear guidance is always what we get.
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I've been working with Shelly and her team at Garg law for a little while now and they are fantastic! Very responsive, professional and they certainly get things done. Extremely satisfied with their service and highly recommend.
Mike H. Client
Ms Garg helped my company navigate an FDA import issue. She achieved an excellent result, was very responsive and professional, and managed to keep the project within budget. She is a stellar attorney.
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I have been using Shelly Garg as FDA Counsel for 10+ years, since she was at another international law firm. While we continued to use the previous firm she was at (mainly due to the process required to change firms), we realized the quality of counsel was not the same. We have since been using Garg Law and the ease of use and trust in the knowledge was back instantly. Shelly has the skills to help me understand the regulations (by translating into layman's terms) and risks in a manner that is specific to my business. She is also extremely timely in her responses which is critical when we have a deadline mandated by the FDA. Many other attorneys cite the regulations which l've already read, but need further counsel. In my opinion, this demonstrates Shelly's in-depth knowledge of the regulations, how they pertain to the law, and how they are applicable IRL. Shelly's personable approach and pleasant manner in communication makes it very easy to have been work with her and have productive discussions on the best next steps. She truly has a passion iternational for all things FDA and I've learned so much from her.
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