What Changed in Food Safety Law in 2025: Key Updates for Food Service Operators

Food safety regulations don't stand still. States regularly update their food codes, new federal guidance takes effect, and individual jurisdictions add requirements that go beyond state minimums. Staying current with these changes isn't just a compliance obligation — it's a core part of operating a safe food service business.

Here are the most significant food safety regulatory developments from 2025 that food service operators should be aware of.

FDA's 2022 Food Code — Continued State Adoptions

The FDA publishes a model Food Code every four years, and the 2022 edition introduced several important changes from the previous 2017 version. States adopt the FDA Food Code on their own schedule, and 2025 saw several additional states complete their transitions to the 2022 edition.

Key Changes in the 2022 FDA Food Code

• Sesame allergen added — following the FASTER Act (signed into law in April 2021), sesame became the 9th major food allergen on January 1, 2023. The 2022 Food Code incorporates sesame into its allergen awareness and labeling requirements. All food service operations in states that have adopted the 2022 code must include sesame in their allergen management procedures.
• Updated vomiting and diarrhea cleanup procedures — the 2022 code includes revised guidance on responding to norovirus-related incidents in food service areas, with clearer protocols for cleanup, disinfection, and temporary closure of affected areas.
• Expanded list of highly susceptible populations — the 2022 code updated definitions relevant to establishments serving highly susceptible populations (hospitals, nursing homes, day cares), with tighter requirements for these facilities.
• Electronic monitoring provisions — the 2022 code includes updated language accommodating electronic temperature monitoring and logging systems, reflecting how most modern commercial kitchens now operate.

Sesame Allergen Labeling — Now Fully in Effect

The sesame allergen requirement deserves special attention because it affects both packaged food labeling and food service allergen disclosure practices. Effective January 1, 2023, sesame is legally required to be disclosed as a major food allergen on all packaged food labels under the FASTER Act.

For food service operations, this means:

• Sesame must be included in any allergen awareness training programs
• Menu allergen disclosures that list the Big 8 allergens need to be updated to include sesame (making it the "Big 9")
• Staff must be trained to answer customer questions about sesame content in menu items
• Suppliers should be asked to update allergen declarations on ingredient labels if they haven't already

States with mandatory allergen awareness training (Massachusetts, Michigan) have updated their programs to include sesame.

State-Level Cottage Food Law Updates

2024 and 2025 saw continued state legislative activity on cottage food laws, with several states expanding their frameworks:

• Multiple states removed or raised sales caps — the trend toward no-cap or high-cap cottage food laws continued, with several states following the lead of Idaho, Wyoming, and others that had previously removed sales limits
• Online sales provisions expanded — several states updated their cottage food laws to explicitly address internet sales and in-state shipping, which had previously been a gray area
• Product category expansions — some states expanded the list of permitted cottage food products to include fermented foods, shelf-stable pickles, and certain confections that had previously been excluded

Always verify your state's current cottage food rules directly with your state agency, as these laws are among the most frequently updated in the food safety space.

Food Traceability Rule — FDA's New Requirements

The FDA's Food Safety Modernization Act (FSMA) Food Traceability Rule, finalized in 2022, has a compliance deadline that has been phasing in. This rule requires enhanced recordkeeping for certain high-risk foods on the Food Traceability List (FTL).

Foods on the FTL include:

• Fresh leafy greens (romaine, spinach, kale, etc.)
• Fresh herbs
• Shell eggs
• Nut butters
• Fresh cucumbers, tomatoes, peppers
• Finfish, crustaceans, and bivalve molluscan shellfish
• Ready-to-eat deli salads

Restaurants and food retailers that handle these foods must maintain Key Data Elements (KDEs) at Critical Tracking Events (CTEs) — essentially, detailed records about where high-risk foods came from and where they went. The practical impact for most restaurants is maintaining better receiving records for the listed commodities.

What to Do Now

• Update your allergen training — make sure all staff allergen training includes sesame as the 9th major allergen
• Review your state's food code adoption status — check whether your state has adopted the 2022 FDA Food Code and what changes apply to your operation
• Review your receiving records — if you handle Food Traceability List items, ensure your receiving documentation meets FDA's enhanced traceability requirements
• Check your state's cottage food law — if you're a home food producer, verify current rules with your state agency as these laws change frequently