Real Progress in Food Code Adoption

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1 Real Progress in Food Code Adoption August 27, 2013 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 Report Since the last report, the state and territorial retail food agencies were surveyed by the revised "FDA Food Code Adoption Survey", OMB # 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. Food Code Adoption by State Fifty (50) of the 50 States adopted codes patterned after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the Food Code. Two states have adopted the 1993 Food Code. New Mexico, South Carolina Two states have adopted the 1995 Food Code. Nevada, South Dakota Two states have adopted the 1997 Food Code. Hawaii, Minnesota Seven states have adopted the 1999 Food Code. Arizona, Louisiana, Maine, Massachusetts, Missouri, Montana, Tennessee Five states and one territory have adopted the 2001 Food Code. Connecticut, Idaho, Indiana, New Jersey, Texas, US Virgin Islands Sixteen states have adopted the 2005 Food Code. Alabama, Arkansas, California, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, New York, Pennsylvania, Rhode Island, Utah, Virginia, West Virginia, Wisconsin Sixteen states, one territory, and the Indian Health Service (HIS) have adopted the 2009 Food Code.

2 Arkansas, Colorado, Delaware, Florida, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Vermont, Washington, Wyoming, Puerto Rico, IHS Food Code Adoption by Population Fifty (50) of the 50 States adopted codes patterned after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the Food Code. Two states have adopted the 1993 Food Code, representing 6,809,261 citizens or 2.03% of U.S. New Mexico, South Carolina Two states have adopted the 1995 Food Code, representing 3,592,285 citizens or 1.07% of U.S. Nevada, South Dakota Two states have adopted the 1997 Food Code, representing 6,771,452 citizens or 2.02% of U.S. Hawaii, Minnesota Seven states have adopted the 1999 Food Code, representing 32,613,856 citizens or 9.71% of U.S. Arizona, Louisiana, Maine, Massachusetts, Missouri, Montana, Tennessee Five states have adopted the 2001 Food Code, representing 46,647,202 citizens or 13.90% of U.S. Connecticut, Idaho, Indiana, New Jersey, Texas Sixteen states have adopted the 2005 Food Code, representing 134,622,225 citizens or 40.10% of U.S. Alabama, Arkansas, California, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, New York, Pennsylvania, Rhode Island, Utah, Virginia, West Virginia, Wisconsin

3 Sixteen states have adopted the 2009 Food Code, representing 82,225,436 citizens or 24.49% of U.S. Arkansas, Colorado, Delaware, Florida, Michigan, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Vermont, Washington, Wyoming States in Rulemaking Process State Agency Food Code Rulemaking Alabama Alabama Department of Public Health 2005 No Alaska Alaska Food Safety & Sanitation Program 2005 No Arizona Arizona Department of Health Services 1999 No Arkansas Arkansas Department of Health 2009 No California California Department of Public Health 2005 Yes Colorado Colorado Department of Public Health and Environment 2009 No Connecticut Connecticut Department of Consumer Protection 2001 Yes Delaware Delaware Department of Health and Social Services 2009 No Florida Florida Division of Hotels & Restaurants 2009 No Georgia (A) Georgia Department of Agriculture 2001 No Georgia (H) Georgia Department of Public Health 2005 Yes Hawaii Hawaii Department of Health 1997 No Idaho Idaho Department of Health & Welfare 2001 No Illinois Illinois Department of Public Health 2005 Yes Indiana Indiana State Department of Health 2001 No Iowa Iowa Department of Inspections & Appeals 2005 Yes Kansas Kansas Department of Agriculture 2005 Yes Kentucky Kentucky Department for Public Health 2005 No Louisiana Louisiana Department of Health & Hospitals 1999 No

4 Maine Maine Department of Agriculture, Food, & Rural Resources 1999 Yes Maryland Maryland Department of Health and Mental Hygiene 2005 No Massachusetts Massachusetts Department of Public Health 1999 Yes Michigan Michigan Department of Agriculture & Rural Development 2009 No Minnesota Minnesota Department of Health 1997 Yes Mississippi (A) Mississippi Department of Agriculture & Commerce 2005 No Mississippi (H) Mississippi State Department of Health 2009 No Missouri Missouri Department of Health & Senior Services 1999 Yes Montana Montana Department of Health 1999 No Nebraska Nebraska Department of Agriculture 2009 No Nevada Nevada State Division of Health 1995 Yes New Hampshire New Hampshire Division of Public Health Services 2009 No New Jersey New Jersey Department of Health & Senior Services 2001 Yes New Mexico New Mexico Environment Department 1993 Yes New York New York State Department of Agriculture & Markets 2005 N/A North Carolina North Carolina Department of Health & Human Resources 2009 No North Dakota North Dakota Department of Health 2009 No Ohio Ohio Department of Health 2009 No Oklahoma Oklahoma State Department of Health 2009 No Oregon (A) Oregon Department of Agriculture 2001 Yes Oregon (H) Oregon Public Health Division 2009 No Pennsylvania Pennsylvania Department of Agriculture 2005 Yes Rhode Island Rhode Island Department of Health 2005 No South Carolina South Carolina Department of Health & Environmental Control 1993 Yes South Dakota South Dakota Department of Health 1995 Yes Tennessee Tennessee Department of Health 1999 Yes Texas Texas Department of State Health Services 2001 Yes Utah Utah Department of Agriculture & Food 2005 Yes Vermont Vermont Agency of Agriculture, Food, & Markets 2009 No Virginia Virginia Department of Agriculture & Consumer Services 2005 No Washington Washington State Department of Health 2009 No West Virginia West Virginia Department of Health 2005 No Wisconsin (A) Wisconsin Department of Agriculture 2005 Yes Wisconsin (H) Wisconsin Department of Health Services 2005 Yes Wyoming Wyoming Department of Agriculture 2009 No Tribal Nations Adoption 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

5 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

6 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 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 Territory Adoption Three of the 6 territories adopted codes patterned after the 1993, 1995, 1997, 1999, 2001, 2005, or 2009 versions of the Food Code. The territories represent 1% of the US population.