Food
Real Progress in Food Code Adoptions
(also available in PDF)
*text in bold italics is updated information
July 1, 2011
The Association of Food and Drug Officials (AFDO), under contract to the Food and Drug Administration, is gathering data on the progress of FDA Food Code adoptions by States, Territories, Local and Tribal Nation agencies. Adoption of the Food Code represents a successful federal/state/local partnership in improving food safety. FDA and AFDO's goal is the prevention and reduction of foodborne illness and death from food produced at the retail level. Adoption of the Food Code by all food safety agencies at the federal, state, local and tribal levels establishes a sound regulatory foundation and legal framework for uniformity in achieving such a reduction.
Developments Since Last Quarterly Report
Since the last quarterly report, the state and territorial retail food agencies were surveyed by the revised "FDA Food Code Adoption Survey", OMB #0910-0448 to gather detailed information pertaining to obstacles encountered during rulemaking, determining whether state agency codes are lacking FDA Model Code elements, and soliciting feedback on assistance that FDA can provide in order to support state rulemaking processes.
State Adoptions
Forty-nine (49) of the 50 States adopted codes patterned after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the Food Code. These represent 96% of the US population. A breakdown by Food Code version follows:
- Four States adopted the 1993, 1995 or 1997 Food Code, representing 4% of the US population.
- Ten States adopted the 1999 Food Code, representing 13% of the US population.
- Eleven States adopted the 2001 Food Code, representing 38% of the US population.
- Twenty one States adopted the 2005 Food Code, representing 39% of the US population.
- Three State adopted the 2009 Food Code, representing 2% of the US population.
Territorial Adoptions
Three of the 6 territories adopted codes patterned after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the Food Code. These represent 1% of the US population.
Summary of State and Territorial Adoptions
Fifty-two of the 56 states and territories adopted codes patterned after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the Food Code. These represent 97% of the US population.
Tribal Nations Adoptions
The Indian Health Service (IHS) provides a comprehensive health service delivery system for approximately 1.9 million American Indians and Alaska Natives who belong to 564 federally recognized tribes in 35 states. The following information is taken from WebEHRS reports run on November 20, 2007 and February 25, 2010, and provided by the Indian Health Service (IHS). WebEHRS is a web based reporting system used to track Environmental Health Services data for IHS.
As of the 2010 report, 345 of the 562 federally recognized tribes have food service operations on their lands. The government entities that perform food inspections for the 345 tribes are shown below.
Chart A: Government Entities Responsible for Inspecting Food Establishments on 345 Tribal Lands, February 25, 2010
Of the 345 tribes with food service operations, the majority have not adopted a tribal food code. This is depicted below.
Chart B: Status of Codes for Tribal Governments Having Food Establishments, February 25, 2010
However, there has been an increase in the number of tribes having a tribal food code. This number has increased from 53 (November 2007) to 63 (February 2010).
Of the 63 tribes that have a tribal food code as of February 2010, the majority are based on a version of the FDA Model Food Code as shown below.
Chart C: Code Status for the 63 Tribes Having Tribal Food Codes, February 25, 2010
The percentage of tribes having food codes based on a version of the FDA Model Food Codes increased from 72% (n=38) in November of 2007 to 86% (n=54) in February of 2010.
Of the 54 tribes (February 2010) whose codes are based on the FDA Model Food Code, the years of the editions are depicted below.
Chart D: Status of the 54 Tribes Whose Codes Area Based on the FDA Model Code, February 25, 2010
Adopted the Food Code means that one or more of the retail food program agencies in the state modeled its code after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 version of the FDA Model Food Code.
Population of States and Territories That Have Adopted the Food Code
| Status of State and Territorial Food Code Adoptions, Listed Alphabetically | ||||
|---|---|---|---|---|
| State or Territory | 2010 Census | Retail Food Program Agency | Agency Food Code Status | Rule Making |
| Alabama | 4,779,736 | Department of Public Health | Has adopted the Food Code – 2005 | No |
| Alaska | 710,231 | Dep't of Environmental Conservation | Has adopted the Food Code – 2005 | Yes - 2011 |
| American Samoa | 65,628 | No survey response. | ||
| Arizona | 6,392,017 | Department of Health Services | Has adopted the Food Code – 1999 | No |
| Arkansas | 2,915,918 | Department of Health | Has adopted the Food Code – 2005 | Yes - 2012 |
| California | 37,253,956 | Department of Health Services | Has adopted the Food Code – 2001 | Unknown |
| Colorado | 5,029,196 | Dep't of Public Health and Env | Has adopted the Food Code – 2001 | Yes - 2011 |
| Connecticut | 3,574,097 | Department of Consumer Protection | Has adopted the Food Code – 1999 | Unknown |
| Department of Public Health | Has adopted the Food Code – 1999 | Yes - 2011 | ||
| Delaware | 897,934 | Dep't of Health and Social Services | Has adopted the Food Code - 1999 | No |
| District of Columbia | 601,723 | Department of Health | Has adopted the Food Code - 1999 | Yes - 2011 |
| Florida | 18,801,310 | Department of Agriculture | Has adopted the Food Code - 2001 | No |
| Dep't of Bus and Prof Regulation | Has adopted the Food Code - 2001 | Yes - 2012 | ||
| Department of Health | Has adopted the Food Code - 2001 | Unknown | ||
| Georgia | 9,687,653 | Department of Agriculture | Has adopted the Food Code - 2001 | Unknown |
| Department of Human Resources | Has adopted the Food Code - 2005 | No | ||
| Guam | 178,430 | Department of Public Health | Has not adopted the Food Code | Unknown |
| Hawaii | 1,360,301 | Department of Health | Has adopted the Food Code - 1997 | Yes - 2011 |
| Idaho | 1,567,582 | Department of Health and Welfare | Has adopted the Food Code - 2001 | No |
| Illinois | 12,830,632 | Department of Public Health | Has adopted the Food Code - 2005 | No |
| Indiana | 6,483,802 | Department of Health | Has adopted the Food Code - 2001 | No |
| Iowa | 3,046,355 | Dep't of Inspections and Appeals | Has adopted the Food Code - 2005 | Yes - 2011 |
| Kansas | 2,853,118 | Dep't of Agriculture | Has adopted the Food Code - 2005 | Yes - 2011 |
| Kentucky | 4,339,367 | Department of Public Health | Has adopted the Food Code - 2005 | No |
| Louisiana | 4,533,372 | Department of Health and Hospitals | Has adopted the Food Code - 1999 | Unknown |
| Maine | 1,328,361 | Department of Agriculture | Has adopted the Food Code - 1999 | No |
| Department of Human Services | Has adopted the Food Code - 1999 | No | ||
| Maryland | 5,773,552486 | Dep't of Health and Mental Hygiene | Has adopted the Food Code – 2005 | No |
| Massachusetts | 6,547,629 | Department of Public Health | Has adopted the Food Code – 1999 | Yes - 2011 |
| Michigan | 9,883,640 | Department of Agriculture | Has adopted the Food Code – 2005 | Yes - 2011 |
| Minnesota | 5,303,925 | Department of Agriculture | Has adopted the Food Code – 1995 | Yes - 2011 |
| Department of Health | Has adopted the Food Code – 1995 | Yes - 2012 | ||
| Mississippi | 2,967,297 | Department of Agriculture | Has adopted the Food Code – 2009 | No |
| Department of Health | Has adopted the Food Code – 2009 | No | ||
| Missouri | 5,988,927 | Department of Health | Has adopted the Food Code – 1999 | Yes - Unknown |
| Montana | 989,415 | Department of Health | Has adopted the Food Code – 1999 | No |
| Nebraska | 1,826,341 | Department of Agriculture | Has adopted the Food Code – 2005 | Yes - 2012 |
| Nevada | 2,700,551 | Department of Health | Has adopted the Food Code – 1999 | Yes - 2011 |
| New Hampshire | 1,316,470 | Department of Health and Welfare | Has adopted the Food Code – 2005 | No |
| New Jersey | 8,791,984 | Dep't of Health and Senior Services | Has adopted the food code – 2001 | Yes - 2012 |
| New Mexico | 2,059,179 | Environment Department | Has adopted the Food Code – 1999 | Yes - 2011 |
| New York | 19,378,102 | Department of Agriculture | Has adopted the Food Code – 2005 | No |
| Department of Health | Has adopted the Food Code – 1993 | Yes - 2011 | ||
| North Carolina | 9,535,483 | Department of Agriculture | Has adopted 21 CFR, Part 110 | Unknown |
| Dep't of Env and Nat'l Resources | Based on 1976 Model Foodservice Code | Yes - 2012 | ||
| North Dakota | 672,591 | Department of Health | Has adopted the Food Code – 2005 | Yes - 2012 |
| Northern Mariana Islands | 88,662 | No survey response. | Unknown | |
| Ohio | 11,536,504 | Department of Agriculture | Has adopted the Food Code – 2005 | No |
| Department of Health | Has adopted the Food Code – 2005 | No | ||
| Oklahoma | 3,751,351 | Department of Health | Has adopted the Food Code – 2001 | Yes – 2011 |
| Oregon | 3,831,074 | Department of Agriculture | Has adopted the Food Code – 2001 | Yes - 2011 |
| Department of Health | Has adopted the Food Code – 1999 | Yes - 2012 | ||
| Pennsylvania | 12,702,379 | Department of Agriculture | Has adopted the Food Code - 2005 | Yes - 2011 |
| Puerto Rico | 3,725,789 | Department of Health | Has adopted the Food Code - 2005 | No |
| Rhode Island | 1,052,567 | Department of Health | Has adopted the Food Code - 2005 | No |
| South Carolina | 4,625,364 | Department of Health | Has adopted the Food Code - 1993 | Yes - 2012 |
| South Dakota | 814,180 | Department of Health | Has adopted the Food Code - 1995 | Yes - 2011 |
| Tennessee | 6,346,105 | Department of Agriculture | Based on 1982 Model Retail Foodstore Code | No |
| Department of Health | Has adopted the Food Code - 1999 | Yes - 2012 | ||
| Texas | 25,141,561 | Department of Health | Has adopted the Food Code - 2001 | No |
| US Virgin Islands | 109,825 | Department of Health | Has adopted the Food Code - 2001 | Unknown |
| Utah | 2,763,885 | Department of Agriculture | Has adopted the Food Code – 2005 | Yes - 2011 |
| Department of Health | Has adopted the Food Code - 2005 | Yes - 2011 | ||
| Vermont | 625,741 | Department of Health | Has adopted the Food Code - 2001 | Unknown |
| Virginia | 7,001,024 | Department of Agriculture | Has adopted the Food Code - 2005 | No |
| Department of Health | Has adopted the Food Code - 2005 | No | ||
| Washington | 6,724,540 | Department of Health | Has adopted the Food Code - 2001 | Yes - 2011 |
| West Virginia | 1,852,994 | Department of Health | Has adopted the Food Code - 2005 | No |
| Wisconsin | 5,686,986 | Department of Agriculture | Has adopted the Food Code - 2005 | Yes - 2011 |
| Department of Health | Has adopted the Food Code - 1999 | Yes - 2011 | ||
| Wyoming | 563,626 | Department of Agriculture | Has adopted the Food Code - 2005 | Unknown |
Descriptions of Maps and Graphs
Status of State and Territorial Model Food Code Adoptions
Description: Color coded map of the United States and its territories depicting which states have adopted a version of the FDA Food Code and which states and territories adoption is unknown due to no survey response.
States and territories that have adopted the 2009 version of the food code are: Mississippi, Puerto Rico, New Hampshire, and Delaware.
States and territories that have adopted the 2005 version of the food code are: Alaska, Arkansas, New York, Pennsylvania, Utah, Wyoming, North Dakota, Nebraska, Kansas, Iowa, Wisconsin, Illinois, Michigan, Ohio, Kentucky, West Virginia, Virginia, Maryland, Rhode Island, Alabama and Georgia.
States and territories that have adopted the 2001 version of the food code are: Virgin Islands, Washington, Oregon, California, Idaho, Colorado, Oklahoma, Texas, Arkansas, Florida, Indiana, Pennsylvania, New Jersey, New York and Vermont.
States and territories that have adopted the 1999 version of the food code are: Montana, Nevada, Arizona, New Mexico, Missouri, Louisiana, Tennessee, District of Columbia, Delaware, Connecticut, Massachusetts and Maine.
States and territories that have adopted the 1993, 1995 or 1997 version of the food code are: Minnesota, South Dakota, South Carolina and Hawaii.
States and territories that have adopted a pre-1993 version of the food code are: North Carolina
States and territories whose adoption status is unknown due to no survey response are: Northern Mariana Islands, Guam and American Samoa.
Population of States and Territories That Have Adopted the Food Code
Description: A bar graph indicating the percentage of the U.S. population that reside in states and territories that have adopted codes patterned after either the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the FDA Food Code. The Y axis scale goes from 0 to 250 million and indicates the number of persons in the United States and territories, and the X axis scale indicates Survey Years. The bar for 2001 indicates 72% of the population resided in a state that has adopted a version of the FDA Food Code. The bars for 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010 indicate that 72%, 76%, 80%, 79%, 79%, 79%, 96%, 96%, 97% and 97% respectively, of the population resides in a state that has adopted a version of the FDA Food Code.
Page Last Updated: 07/01/2011
