Which FDA Food Code Does Your State Use? All 50 States

Quick answer: it depends on the state, and often on the agency. Of the 50 states and Washington, D.C., 14 base their restaurant rules on the 2022 FDA Food Code, 12 on the 2017 edition, 9 on 2013, and 6 on 2009. Six, including California, Maryland, and New York, write their own codes. No state has formally adopted the 2026 Food Code, which FDA released on September 30, 2026, though Pennsylvania's rule follows the current edition automatically and Mississippi's and Connecticut's may too. The table below gives the edition, when it took effect, and the local exceptions for every state.

The FDA Food Code is a model, not federal law. It applies to your kitchen only after your state, county, or city adopts it, and each one adopts it on its own schedule, often years after FDA publishes a new edition. That's why two restaurants a mile apart can be inspected under different rules. We checked each row against the state's own rule, statute, or health department page on October 12, 2026, because FDA's own adoption list only runs through December 2024 and several states have moved since.

Food Code Edition by State

The edition is the one behind the rules for restaurants and other food service, which in most states come from the health department. Where food stores or a big city use a different edition, the last column says so. "Per FDA" means the state rule doesn't name an edition and the year comes from FDA's adoption list. State names link to our food manager guides.

What the Table Shows

• 2022 is now the most common edition. Since FDA's last count at the end of 2024, Delaware, Georgia, Hawaii, Indiana, Nebraska, Oregon, Rhode Island, and Virginia have all moved to it.
• Older editions are still common. Michigan, Missouri, Maine, and Washington, D.C. still use 2009-era rules, Vermont's rules date to 2003, and South Dakota's are modeled on the 1995 edition.
• One state can have several editions. In Florida, restaurants, food stores, and schools each follow a different edition. Cities and counties such as Chicago, Albuquerque, St. Louis, Kansas City, Southern Nevada, and New York City run their own rules.
• The exam doesn't change with your state. Accredited food handler and manager exams test the current FDA Food Code. The core numbers, such as 41°F cold holding, 135°F hot holding, and the 2-hour and 6-hour cooling limits, are the same in every edition since 2013.

When Will States Adopt the 2026 Food Code?

Probably slowly. Most states adopt a new edition through formal rulemaking with public comment, which takes time: as the table shows, many still use editions from 2013 or earlier. A few signals so far:

• Pennsylvania adopts the current FDA edition automatically by rule (7 Pa. Code §46.4), and its Department of Agriculture now posts the 2026 code. We found no phase-in or enforcement notice yet.
• Mississippi's rule adopts the "current revision" of the Food Code, and Connecticut's law adopts it "as amended from time to time." Neither health department has said whether the 2026 edition already applies.
• Ohio law requires its food code to be updated to the most current FDA edition, so a 2026 update should follow, but none has been filed.
• South Carolina has a draft revision out for public forums through October 26, 2026, to align with the current FDA code.

The 2026 edition matters most for its paperwork: a written employee illness policy, a written vomit clean-up procedure, and a food safety management system. Our 2026 Food Code changes guide explains each one. Many inspectors already ask for written procedures, so setting them up now costs little. Our free food safety plan template is a start, and the Food Safety Plan Kit has all three as editable documents.

How to Check Your Own Edition

1. Look at your last inspection report. Most name the code they were written under.
2. Check your local health department. If you're in a city or county with its own code, such as Chicago or Las Vegas, its rules apply, not just the state's.
3. Opening or remodeling? The plan review packet from your health department names the code it enforces; our restaurant plan review checklist covers what to submit.
4. Know which agency licenses you. Restaurants are usually licensed by the health department and grocery stores by the agriculture department, and the two can use different editions.

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Frequently Asked Questions

What version of the FDA Food Code do most states use?

The 2022 edition, used for restaurant rules in 14 states as of October 2026, followed by 2017 in 12 states and 2013 in 9. Five states and Washington, D.C. use 2009-era rules, and six states write their own codes.

Has any state adopted the 2026 FDA Food Code?

Not formally, as of October 12, 2026. Pennsylvania's rule adopts the current FDA edition automatically, and its agriculture department now posts the 2026 code, but we found no enforcement notice. Mississippi's and Connecticut's rules may also pick it up automatically.

Is the FDA Food Code federal law?

No. It's a model code that FDA recommends. It becomes law only when a state, county, or city adopts it, often with changes.

Which Food Code does California use?

None directly. California has its own state law, the California Retail Food Code, which is based on the FDA model but changed by the legislature rather than by adopting FDA editions.

Does my state's Food Code edition change what's on my food handler exam?

Rarely. Accredited exams test the current FDA Food Code, and the core temperatures and times are the same in every recent edition. State-specific rules, like Texas's or Illinois's, are covered in our state guides.

Bottom Line

Most kitchens are inspected under the 2022 or 2017 Food Code, and none under the 2026 edition yet. Check the table for your state, then your local health department if you're in a city with its own code. If you want to get ahead of the 2026 paperwork, start with our 2026 changes guide.

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