TABLE 6
Permissible Level, Changes, and Omissions by States of the Federal Food Code
Food Code Year
# of States
# Permissible
# Semi- Permissible
# Non- Permissible
% Permissible
% Semi- Permissible
% Non- Permissible
Permissible Level 2017
17 18
16 15
0 2 6 1 0 9
1 1 2 1 3 9
94.1 83.3 11.1
0
5.9 5.6
2013 2009 2005 2001 Total
11.1 66.7 50.0
9 2 4
1 0 1
22.2 50.0 75.0 17.7
0
25.0 64.7
0
51
33
17.7
Food Code Year
# of States
# of Definition Changes
# of Regulation Changes
# of Definition Omissions
# of Regulation Omissions
# of Changes per State
# of Omissions per State
Changes and Omissions 2017
17 18
34 38 31 94 19 40
11 10 13 44
34 13 43
6 9
2.7 2.7 4.9 8.6
2.0 1.0 7.0
2013 2009
9
20 45
2009 and earlier
16
110
10.0 14.0 12.0 55.0
2005 2001 Total
2 4
6
24 31
3
12.5 15.3 46.0
21 65
15 60
51
166
157
likely to be non-permissible (Table 6; Figure 2). In total, 16 states were listed as adopting the 2009 or earlier federal code, 18 states were listed as adopting the 2013 Food Code , and 17 states were listed as adopting the 2017 Food Code . Of the states listed as 2009 or ear- lier, only 2 were found to be permissible and 7 were nonpermissible. By comparison, 31 of the combined 2013 and 2017 states were permissible and only 2 were non-permissible (1 from each year group). Furthermore, even when averaged together, states operating on federal codes from 2009 or earlier averaged 8.6 changes or 10 omissions per state, com- pared with 2.7 changes and 1 omission for those on the 2013 Food Code and 2.7 changes and 2 omissions for those on the 2017 Food Code .
FIGURE 2
State Permissible Level of Reuse and Multiuse Containers by Federal Food Code Year
P er mi ssi b le S emi - P er mi ssi b le Non - P er mi ssi b le
2 0
5.6 %
5.9 %
11.1%
15
10
2 2 .2 %
9 4 .1%
8 3.3%
5
Discussion
6 6 .7 %
7 5.0%
50.0% 50.0% 2 005
Implications for the Policy Landscape of Federal and State Food Codes The stated purpose of the FDA Food Code is to provide uniformity between state and fed- eral regulations for the protection and main-
11.1%
2 5.0%
100% 19 9 5
0
2 001
2 009
2 013
2 017
Y ear of F ederal F ood Code
29
April 2024 • Journal of Environmental Health
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