FDA has published the 2026 Food Code, the model that states and localities use to write their rules for restaurants, delis, bakeries with counters, groceries and food trucks. It doesn't take effect on its own: each state adopts it on its own schedule, and as of 2024 most had adopted one of the last three editions. Many of the changes are editorial. The ones that matter to a small food business: refilling containers, by staff or customers, is spelled out; the jewelry rule spells out that a plain ring like a wedding band is allowed, and adds medically necessary devices; a glove over a glove is allowed where approved; an employee illness policy has to be written down; cooling gains a method, food no more than 2 inches deep, and an approved monitored refrigeration method; disinfection gets its own rules; toilet rooms need covered waste bins; and a written food safety management system is required within four years of a state adopting it. In the example below, a Nebraska food co-op checks what changes for its store.
The short version
- The 2026 Food Code is a model; it applies once your state adopts it.
- Refilling containers, by staff or customers, now has clear conditions.
- A plain ring or a medically necessary device; a glove over a glove where approved.
- A written employee illness policy, and clean-up of vomit and diarrhea in its own section.
- Cooling: food 2 inches deep or less, or an approved monitored method.
- A written food safety management system within four years of adoption.
- TaroStack keeps each batch with its lot and dates. More below.
The changes that matter
| Change | Section | What it means |
|---|---|---|
| Refilling returnables | 3-304.17 | Containers refilled by staff or customers if made for reuse, cleaned and sanitized, and inspected by staff |
| Rings | 2-303.11 | No jewelry on arms and hands while preparing food, except a plain ring or a medically necessary device |
| Gloves | 3-304.15 | A single-use glove over another, under certain conditions and when approved |
| Illness policy | 2-501.11, 2-502.11 | A documented employee illness policy; vomit and diarrhea clean-up in its own section |
| Cooling | 3-501.15 | Food at a depth of 2 inches or less, or an approved method with continuous monitoring |
| Toilet rooms | 5-501.17 | Covered waste receptacles in all toilet rooms |
| Food safety management system | 8-201.15 | Written, in use and available to the inspector within four years of adoption, unless the operation is minimal risk |
Cooling records are in cooling log template, and training staff, food defense now included, in food safety training requirements.
The rules
| Rule | Where |
|---|---|
| Adoption | States and localities adopt the Food Code in their own versions and on their own schedules (FDA, Food Code adoption) |
| Refilling | Containers refilled with food by staff or customers if built for multiuse, cleaned and sanitized, and visually inspected by staff (Food Code 2026, 3-304.17) |
| Cooling methods | Adds food at a depth of no more than 2 inches; allows an approved method cooling uncovered food 2 inches deep in refrigeration with continuous electronic monitoring (3-501.15) |
| Jewelry and gloves | A plain ring or medically necessary device allowed (2-303.11); a glove over a glove when approved (3-304.15) |
| Food safety management system | Written, implemented and available within four years of the regulatory authority's adoption, unless minimal risk (8-201.15) |
This is general information, not legal advice.
An example: a co-op's checklist
Sandhill Food Co-op, the made-up member-owned grocery in Lincoln, Nebraska, I use in these examples, has bulk bins, a deli and members who bring their own jars. Its manager went through the changes:
| Change | Applies? | What the co-op does |
|---|---|---|
| Refilling returnables | Yes: members' jars at the bulk bins | Staff check each jar is made for reuse and clean before it's filled; a written procedure for the bulk aisle |
| Rings and gloves | Yes: the deli | Plain wedding bands allowed; glove over glove only if the inspector approves it |
| Illness policy | Yes | The illness policy written down and signed by each employee; a clean-up kit and procedure |
| Cooling | Yes: soups and grains | Soups cooled in pans 2 inches deep, logged |
| Toilet rooms | Yes | Covered bins in both restrooms |
| Food safety management system | Yes, in time | Started now, since the state has four years from adopting the 2026 Code |
Nebraska hasn't adopted the 2026 Code yet, so none of this is required until it does, but the co-op is working toward it now. The bulk aisle's refills follow the new section, which is what refill stores have been asking for, as in how to start a refill store.
Get the checker
Download the Food Code 2026 checklist. One sheet: each change that matters to small food businesses, whether it applies to you, who owns it and whether it's done; the status fills in. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.
Where this stops working
The checklist covers the changes. The cooling logs, the dates on the deli's containers and what was thrown out are records the inspector asks to see every visit.
How TaroStack does it
TaroStack keeps each deli batch with its lot and dates, so what was made when, and what was thrown out, is on record.
Batches with dates. Each batch of deli is a lot with its production date and its use-by date.
An alert before a date. An alert comes before a lot's date runs out, so it's used or marked down instead of found too late.
Waste with a reason. What's thrown out is recorded with its reason, expired or spoiled, by item, so the item that keeps going to waste shows up.
| The job | Notebook | In TaroStack |
|---|---|---|
| What was made when | Tape on the container | Lots with dates |
| Food nearing its date | Found on the shelf | An alert before the date |
| What went to waste | Not counted | Waste by reason |
Lots, dates, alerts and waste by reason are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.