U.S. FDA Issues the 2022 Edition of the Food Code

On December 28, the U.S. Food and Drug Administration (FDA) issued the Food Code 2022 (hereinafter the Code), making changes in food allergy and meat definition compared with the former version.

According to FDA's announcement, one-third of all food in the U.S. lost and wasted through the food supply chain. Wide and complete adoption of the 2022 Food Code helps reduce foodborne illness risk within food establishments, protect consumers and industry from potentially devastating health consequences and financial losses. Besides, the code assists in creating uniform standards for retail food safety, which can reduce complexity of various industry standards and better ensure the regulatory compliance.

Food allergens

• Adding sesame as the 9th major food allergen recognized by the United States.

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) regulated eight foods as major food allergens, including milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. On April 23, 2021, the Food Allergy Safety, Treatment, Education, and Research Act was signed into law, in which sesame was added to the list of major food allergens. The law has been effective since January 1, 2023.

Notably, the FDA has not currently established a threshold level for any allergens. Food-allergic individual is unlikely to experience adverse effect when the allergen level is below the threshold. 

• Enterprises shall inform consumers of major food allergen ingredients in unpackaged food in writing.

• Enterprises shall add major food allergen labeling in bulk food available for consumer self-dispensing.

Meat definition

The code also revised the definition of "Intact Meat" to clarify that beef products that are vacuum tumbled with solutions are not considered as intact meats. In addition, cubed and pounded meat are not "Intact Meat" as well.

In the code, "Intact Meat" means a cut of whole muscle(s) meat that has not undergone comminution, mechanical tenderization, vacuum tumbling with solutions, reconstruction, cubing or pounding.