Model Food Code | jgersen | February 11, 2016


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Model Food Code

by jgersen Show/Hide

Although the ultimate responsibility for promulgating and enforcing state and local food laws lies with the states and municipalities, the FDA has long taken a leading role by providing guidance to states. Contrary to the conventional view the states provide “laboratories of democracy” in which different laws and policies can be implemented and evaluated, in food law there is a surprising amount of uniformity and consistency.

At least since the 1920's with FDA's Guidance on milk pasteurization, FDA has provided guidance on virtually every segment of the retail food industry. In 1993, FDA issued the first full incarnation of its comprehensive Food Code, the most recent incarnation of which was issued in 2013.


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  1. 1 Show/Hide More Model Food Code (2013 Preface Excerpts)
    Original Creator: jgersen
    <p>1. Adoption. All fifty staes have adopted food codes patterned after the Food Code. See Real progress in Food Code Adoption, US <span class="caps">FDA</span> (2011). Some states adopt a version of the code by reference. others directly enact into into statute, regulation, or ordinance.</p> <p>2. Updating. The Federal Food Safety Working Group was convened by President Obama in 2009 to develop strategies for improving food safety. Part of the difficulty is that while the <span class="caps">FDA</span> updates the Food code every couple of years, states tend to fall behind as changing state and local law requires affirmative actions from legislators or regulators whose agendas are already quite full. State and local officials regularly cite the frequent changes to the Food Code as obstacles to its uniform implementation.</p>

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August 24, 2017

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Jacob Gersen

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