Published on Friday, July 17, 2026
The Strategic Evolution of Retail Food Oversight
The 2022 FDA Food Code represents the 10th edition of this vital model code, serving as the definitive roadmap for the federal-state-local partnership. Designed to achieve the strategic goal of reducing foodborne illness through standardized retail practices, the Code provides a uniform regulatory framework that jurisdictions adopt to ensure consistency across the foodservice landscape. At the center of this framework stands the “Person in Charge” (PIC), the individual designated as the primary agent of regulatory compliance and operational safety. A watershed change in the 2022 edition is the formal integration of sesame as a major allergen, mirroring federal statutory updates. This shift effectively redefines the legal duties of the PIC, moving from general sanitation oversight to a rigorous, knowledge-based mandate for allergen risk management.
Redefining the Person in Charge (PIC): Knowledge and Responsibility
Under the 2022 Code, the “Supervision” requirement has evolved from a passive presence to a mandate for “active managerial control.” As detailed in Annex 3 (Public Health Reasons), the FDA emphasizes that the presence of a PIC is insufficient without the exercise of active oversight to prevent foodborne illness risk factors. The Code codifies this through two specific pillars:
Demonstration of Knowledge (Section 2-102.11): The PIC must prove a sophisticated understanding of food safety principles, particularly the identification and prevention of cross-contact.
Duties of the Person in Charge (Section 2-103.11): The PIC is tasked with ensuring that all employees are not merely aware of food safety, but are actively trained in food allergy awareness.The 2022 Code now mandates that the PIC oversees training and compliance for nine major allergens:
- Milk
- Egg
- Fish
- Crustacean shellfish
- Tree nuts
- Wheat
- Peanuts
- Soybeans
- Sesame – These expanded duties transform the PIC into a frontline compliance officer responsible for ensuring that training programs are operationally specific and that allergen labeling mandates are met with zero-fault accuracy.
The Sesame Mandate: A New Supervisory Priority
The strategic landscape of allergen management changed significantly when the Federal Food, Drug, and Cosmetic (FD&C) Act was updated to include sesame as the ninth major allergen, effective January 1, 2023. For the regulatory analyst, a critical distinction must be made: while the FDA Food Code is a voluntary model, the sesame mandate within the FD&C Act is federal law. This means that labeling requirements are mandatory nationwide, even in jurisdictions that have yet to adopt the 10th edition of the Food Code.The PIC must navigate specific supervisory requirements based on food presentation:
Packaged Foods: Items packaged at retail must declare sesame. However, a vital strategic exception exists: products packaged before January 1, 2023, do not need to be removed or relabeled , allowing for efficient inventory management of long-shelf-life goods like frozen or canned items.
Unpackaged Foods: Establishments must provide written notification to consumers. Compliant methods include brochures, deli case or menu notifications, label statements, table tents, placards, or other effective written means.
Bulk Foods: Self-dispensing items must be prominently labeled in plain view with the name of the food source from which the major allergen is derived.These requirements necessitate a shift in operational workflows, as the PIC is now legally required to review retail labels for accuracy. Failure to identify sesame in retail-packaged products effectively constitutes a violation of federal misbranding standards.
The Regulatory Landscape: Tracking 2022 Food Code Adoption
The adoption of the 2022 Food Code occurs through two primary administrative mechanisms: “short-form” (adoption by reference), where a jurisdiction adopts the code via a simple public statement, and “long-form” (section-by-section), where the code is published in its entirety. The FDA tracks jurisdictions reaching the “Optimal Level”—those that adopt new versions, supplements, or annexes immediately upon release.| Jurisdiction Type | 2022 Food Code Adopters (as of 12/31/2023) || —— | —— || States | Colorado*, Connecticut, Mississippi*, and Pennsylvania || Territories | Puerto Rico and the Virgin Islands || *Note: Agencies in Colorado and Mississippi completed their rulemaking specifically within the 2023 calendar year. | |
While 44 state-level agencies have adopted one of the three most recent versions (2013, 2017, or 2022), the landscape remains fragmented. For instance, Florida utilizes three separate agencies with varying levels of adoption. Despite this, the move toward the 2022 standards is accelerating; agencies in Georgia and Missouri have already expressed formal intent to adopt the 10th edition. As these standards proliferate, the PIC’s role in allergen training moves from a “best practice” to a universal regulatory baseline.
From Code to Inspection: The Impact on Sanitation Grading
The adoption of the 2022 Food Code by a jurisdiction is the prerequisite that allows local health departments to enforce these updated standards through physical inspections. Regulatory authorities, such as the City of Fishers, utilize sanitation grading systems that extract specific, high-risk items from Annex 5 of the 2022 FDA Food Code to create their evaluation checklists.On these inspection forms, “Demonstration of Knowledge” and “Person in Charge” are treated as critical line items. Under the 2022 standards, if a PIC cannot verify that employees have received training regarding the nine major allergens (Sections 2-102.11 and 2-103.11), it results in direct point deductions or shifts in sanitation grading. This transition effectively elevates the PIC from a passive observer to an active educator and compliance officer. In the current regulatory environment, the PIC’s ability to manage allergen risks is no longer a secondary concern—it is a central metric of an establishment’s legal and operational viability.
Whether you’re commuting to the unit or relaxing at home, we’ve got you covered.
🎧 On the Go? Subscribe and listen via Riverside and miseenplaceculturefirst.com or our main website at HRBUNI.com. You can also find us on Apple Podcasts, Spotify, YouTube, Amazon Music, Audible, iHeart Radio, Deezer, or wherever you get your audio fix.
📺 On the Big Screen? Level up your experience by watching the podcast on the HRB TV Network.
#MiseEnPlacePodcast #CultureFirst #FDAFoodCode2022 #FoodSafety #PersonInCharge #FoodserviceLeadership #RestaurantOperations #HRBTVNetwork #HospitalityEducation #KitchenManagement