The short answer
FDA released the 2026 Food Code on September 17, 2026. The Food Code is FDA’s model food safety code for restaurants, retail stores, food service and vending. It is not a federal law by itself: states, cities, tribes and territories adopt it (sometimes with changes) into their own rules, at their own pace.
For food exporters and manufacturers, the Food Code matters indirectly. It does not replace the FDA rules for factories (such as 21 CFR part 117), but it shapes what your U.S. customers — restaurants, grocers and food service companies — must do with your product, and what they will ask of you.
The main changes in 2026
| Area | What changed |
|---|---|
| Food safety management systems | Covered establishments must develop and maintain a written food safety management system within four years of a jurisdiction adopting the 2026 code (minimal-risk operations may be exempt) |
| Food defense | New definition; food defense added to the person-in-charge’s knowledge and to employee training |
| Employee illness | A written employee illness policy is required; medical clearance uses two negative results from validated lab tests |
| Gloves and jewelry | New double-glove option; clearer jewelry rules (a plain ring is allowed) |
| Disinfection and sanitizers | New part on disinfection; minimum 24 °C (75 °F) for sanitizers other than chlorine, iodine or quats |
| Cooling | New cooling method options, including a 2-inch depth method |
| Manufacturer instructions | Follow the manufacturer’s cooking and rehydration instructions for packaged and dehydrated foods |
| Allergens | A new “Major Food Allergen Framework” supporting document |
Why exporters should pay attention
- Your cooking instructions matter more. The 2026 code tells establishments to follow manufacturers’ cooking and rehydration instructions. For packaged foods that are not ready-to-eat — such as frozen dumplings, par-cooked snacks or dehydrated soups — clear, validated, English instructions on the pack are essential.
- Allergen information flows down to restaurants. Food service operators need accurate allergen declarations (all 9 major allergens, including sesame) to inform customers. See the 9 major food allergens.
- Approved sources. Under the Food Code, retailers and restaurants must buy food from sources that comply with the law. In practice they ask suppliers for proof of FDA registration, compliant labels and, for imports, an importer with an FSVP.
- Written food safety systems at your customers mean more supplier questionnaires, certificates and specifications.
Example: frozen dumplings from China for U.S. restaurants
A food service distributor buys frozen dumplings made in China. Under a jurisdiction that adopts the 2026 code, the restaurant will cook them following the manufacturer’s instructions. The packer should give validated cooking times and temperatures on the case and retail pack, declare wheat, soy, sesame and any shellfish correctly, and be ready to supply its FDA registration number and food safety certificates to the distributor.
Food Code vs FDA rules for factories
| Rule | Who it applies to | Legal status |
|---|---|---|
| FDA Food Code | Restaurants, retail, food service, vending | Model code, adopted by each jurisdiction |
| 21 CFR part 117 (CGMP and preventive controls) | Food manufacturing, processing, packing and holding facilities — U.S. and foreign | Federal regulation |
| FSVP (21 CFR part 1, subpart L) | U.S. importers of food | Federal regulation |
What exporters should do
- 1Check cooking and rehydration instructionsValidated, clear and in English on every pack that is not ready-to-eat.
- 2Confirm allergen declarationsAll 9 major allergens, correctly named.
- 3Prepare a supplier packFDA registration details, product specifications, certificates and recall contacts for your U.S. buyers.
- 4Make sure your importer has an FSVPMany food service buyers will ask.
FDA food facility registration with U.S. Agent from $300. FDA label review from $250. FSVP for your importer from $400.
🏢 No U.S. company to act as FSVP importer? Orionex offers an FSVP importer service for food and dietary supplements — from $80 per shipment, with the program and Qualified Individual included.
Frequently asked questions
When was the 2026 FDA Food Code released?
September 17, 2026.
Is the FDA Food Code law?
Not by itself. It is a model code. It becomes enforceable when a state, local, tribal or territorial jurisdiction adopts it into its own rules.
Does the Food Code apply to foreign food factories?
No. Factories follow FDA regulations such as 21 CFR part 117. The Food Code applies to retail and food service — but it affects what those customers require from suppliers.
What is the biggest change in the 2026 Food Code?
The requirement for covered establishments to keep a written food safety management system within four years of adoption, along with new rules on food defense, employee illness policies and disinfection.
Sources
- FDA — Summary of Changes in the 2026 FDA Food Code (September 17, 2026)
- Food Safety Magazine — FDA releases 2026 Food Code (September 17, 2026)
Dates and changes checked on November 11, 2026. This article is general information, not legal advice.