Regulators, Inspections and Staff Training

Regulatory Agencies and Legal Authority

Operating a safe foodservice establishment requires an understanding of which government entities oversee daily practices. The Food and Drug Administration (FDA) publishes the Food Code, which serves as a model set of science-based guidelines for retail and foodservice operations. However, the FDA Food Code is not federal law and carries no legal authority on its own. It only becomes enforceable when adopted by state, local, or tribal regulatory agencies. Because state and local authorities write or adopt their own sanitary regulations, their rules may be based on older or newer editions of the Food Code. You must never assume one jurisdiction's standard applies everywhere.

Other federal bodies oversee specific areas of safety. The USDA Food Safety and Inspection Service (FSIS) inspects and regulates meat, poultry, and processed egg products, and its legal authority is not limited solely to foods transported across state lines. The Centers for Disease Control and Prevention (CDC) helps investigate foodborne illness outbreaks, especially multistate outbreaks, and compiles critical epidemiological data, while local and state agencies conduct localized outbreak investigations. The Environmental Protection Agency (EPA) sets national standards for public drinking water systems and registers and regulates pesticides, including antimicrobial products used as chemical sanitizers. Workplace safety falls under the Occupational Safety and Health Administration (OSHA), which requires employers to maintain accessible Safety Data Sheets (SDS) for all hazardous chemicals under its Hazard Communication Standard.

At the store level, the regulatory authority interacts directly with the designated Person in Charge (PIC). The PIC must demonstrate food safety knowledge and exercise active managerial control over all operational processes. Under the FDA Food Code framework, the PIC generally must be a certified food protection manager, subject to risk-based exemptions established by the jurisdiction. Under the FDA Food Code, a Person in Charge must be present during operating hours and must be a certified food protection manager unless a Food Code exception or regulatory exemption applies; verify the jurisdiction’s requirements.