Real Progress in Food Code Adoptions

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