Food Safety Records in the USA: Laws, Inspections and Grades

US food safety records explained: FDA Food Code, permits, health department inspections, NYC grades, the records inspectors check and how digital records help.

2026-10-31 · Chef Hygiene

Do food businesses in the United States need food safety records? In practice, yes, but the rules depend on where you are. There is no single federal restaurant law. The FDA publishes a model, the Food Code, and each state, county or city decides which edition to adopt and what to change. Your local health department gives you a permit and inspects you. This page explains the common US rules, what inspectors check, where businesses go wrong, and how digital records help.

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Every fact below comes from an official source, linked in the text and at the end. The numbers in this guide are from the FDA Food Code 2022. Your state may use an older edition or change some numbers, so always check your local health department. Where we could not confirm a rule officially, we say so.

The law: the Food Code and your local rules
Who inspects you, and how often
Grades and scores
The records the Food Code asks for
Where businesses go wrong
By type of business
Why digital records help in the US
How Chef Hygiene helps
A fair price, on purpose
Less paper
FAQ
Official sources

1. The law: the Food Code and your local rules

The Food Code is a model. The FDA describes the Food Code as "a model" and encourages state, local, tribal and territorial partners to adopt the latest version (FDA: Food Code 2022). It is not a federal law for restaurants. Your state, county or city writes its own rules, often based on the Food Code.
Editions differ. The newest edition is the 2022 Food Code. According to the FDA's 2024 report, states are on editions from 2005 to 2022, and only a few had adopted 2022 (FDA: adoption by state). Some states have changed since then, so check your own state.
You need a permit. The Food Code says a person may not operate a food establishment without a valid permit from the regulatory authority, and an application is due at least 30 calendar days before the planned opening (Food Code 8-301.11 and 8-302.11). Your state or local rules decide the exact steps and fees.
Person in Charge. Someone must be in charge during all hours of operation. In the 2022 Food Code, the Person in Charge must be a Certified Food Protection Manager who passed a test from an accredited program. The regulator can excuse minimal-risk places (Food Code 2-102.12). Older editions and some states ask for less, or more.
Knowledge on request. During inspections, the Person in Charge must show knowledge of foodborne disease prevention, HACCP principles and the Food Code. This can be shown by a clean inspection, a manager certificate, or correct answers to the inspector's questions, including the major food allergens and their symptoms (Food Code 2-102.11).
Sick staff. Food workers must report to the Person in Charge if they have vomiting, diarrhea, jaundice, sore throat with fever, or an open infected wound or boil. They must also report certain diagnoses: norovirus, hepatitis A, Shigella, Shiga toxin-producing E. coli, typhoid fever and nontyphoidal Salmonella (Food Code 2-201.11).
Key temperatures (Food Code 2022).
Cold holding: 41°F (5°C) or below. Hot holding: 135°F (57°C) or above (3-501.16).
Cooking for 15 seconds: 165°F (74°C) for poultry and stuffed food; 145°F (63°C) for fish, whole cuts of meat and eggs cooked to order for immediate service (3-401.11).
Ground meat: 155°F (68°C) for 17 seconds, or an equal time and temperature option.
Reheating for hot holding: 165°F (74°C) within 2 hours (3-403.11).
Cooling: cooked food from 135°F (57°C) to 70°F (21°C) within 2 hours, then to 41°F (5°C) within a total of 6 hours. That is 2 hours plus 4 more (3-501.14).
Date marking. Ready-to-eat food that needs temperature control, made in your kitchen and kept more than 24 hours, must be marked with the date to consume or discard it. The maximum is 7 days at 41°F (5°C) or below, and the day of preparation counts as Day 1 (3-501.17).
Time as a Public Health Control. If you hold food out of temperature control for a time instead, you must have written procedures ready before you start, kept in the kitchen and available to the inspector. The maximum is 4 hours (3-501.19).
HACCP plans. An ordinary restaurant does not need a full HACCP plan under the Food Code. A plan is needed for special processes, such as when a variance is required or for reduced oxygen packaging without a variance (Food Code 8-201.13). Many places still use HACCP-style records as good practice.
Allergens. US law lists 9 major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Sesame was added by the FASTER Act (FDA: FASTER Act). The 2022 Food Code asks the permit holder to tell customers in writing about major food allergens in unpackaged food (3-602.12). Whether your state requires this depends on the edition it adopted.
Raw and undercooked food. If you serve raw or undercooked animal food, such as eggs, beef or shellfish, you must tell customers about the higher risk with a disclosure and a reminder, for example on the menu (3-603.11).

2. Who inspects you, and how often

Local health departments. Restaurants are inspected by the state, county or city health department. The USDA covers meat, poultry and some egg products. Your fire department or fire marshal checks fire safety.
Usually unannounced. The inspector can come at any reasonable time when you are open. You get a copy of the report.
How often. We could not find one official national schedule, because each jurisdiction sets its own. Ask your local health department.
Priority items. The Food Code marks the most serious items (for example temperature control) as priority items. Having no priority violations is one way a Person in Charge can show knowledge (2-102.11).

3. Grades and scores

No national grade. The US has no national food hygiene rating. Each state, county or city decides whether to publish scores or grades.
New York City: A, B, C. NYC Health grades restaurants by inspection points. A is 0 to 13 points, B is 14 to 27 points, and C is 28 points or more. Grade cards must be posted where people passing by can easily see them (NYC Health: letter grading).
Other places. Other cities and counties have their own systems or none. Check your local health department's website.
What this means for you. In places that publish grades, your records help you show a good system on every visit.

4. The records the Food Code asks for

The Food Code names a few records directly, and inspectors expect to see that your system works every day.

Time as a Public Health Control procedures. Written procedures, kept on site (3-501.19).
Date marks. Consume-or-discard dates on ready-to-eat food (3-501.17). This is a label, not a form.
Shellstock tags. Tags or labels for molluscan shellfish must stay on the container until it is empty. You must keep the tags, labels or invoices for 90 calendar days from the date the last shellfish was sold or served, in date order (3-203.12).
HACCP plan, if your process needs one (8-201.14 lists the contents).
Allergen information for unpackaged food, where your jurisdiction requires it.
Temperature logs, cleaning logs, delivery checks and training records. The Food Code does not set a national retention period for these. We could not confirm one, so they are good practice and your local department may ask for them. Ask your health department how long to keep them.
Manager certificate and food handler cards. Food handler cards are needed where your state or city asks for them.

5. Where businesses go wrong

Holding temperatures. Cold food above 41°F (5°C) or hot food below 135°F (57°C), with nothing written about what was done.
Cooling too slowly. Missing the 2-hour then 4-hour limits.
No date marks. Prepared food kept past 7 days or with no label.
Time as a Public Health Control without a written plan.
No certified manager when one is needed.
Sick staff working. Staff did not report symptoms.
Allergens only by word of mouth.
Shellstock tags thrown away.
Lost paper. Log sheets that are wet, greasy or missing.

6. By type of business

The Food Code rules above apply broadly, but what you record depends on what you do.

Restaurant: temperatures, cooling, date marks, cleaning, deliveries and allergen information.
Takeaway: the same as a restaurant, plus hot and cold holding during packing and delivery.
Café: fridges and displays, date marks on sandwiches and salads, cleaning and allergen information.
Bakery / cake shop: allergen records for every product, refrigeration for cream and custard items, and labels for goods you pack.
Dessert shop: freezer and fridge temperatures, and allergens for toppings and sauces.
Pub / bar: the same records as a restaurant for the food you serve. Alcohol licensing is separate.
Community hall / venue: a permit may be needed for events. Keep temperature and cleaning records for each event.
Convenience store / grocery: fridge and freezer checks, delivery checks and date marks on food you prepare.
School kitchen: school meals have federal rules too. The USDA requires each school food authority to have a written food safety program based on HACCP principles (7 CFR 210.13). Keep temperature, cleaning and allergen records for each child.
Caterer / food truck: mobile units usually have their own permit rules, set by state or local authorities. Keep transport and event temperatures, and keep your records with you.
Home kitchen business: cottage food laws are state laws and differ a lot. Check your state's rules before selling. We do not give specifics here.

7. Why digital records help in the US

One system, many rules. Temperatures can differ by state. Records you keep in an app can follow the numbers for your area.
No gaps go unnoticed. A missed check shows up the same day, not at the next inspection.
Problems come with their fix. When a reading is out of range, the record asks what you did about it.
Nothing is lost. No wet, greasy or missing pages.
Ready for the inspector. You can show everything at once, instead of looking for folders.
Every staff member can take part. Staff can record checks on a phone or tablet. The app works in English, Spanish and Chinese among 40 languages.

8. How Chef Hygiene helps

Chef Hygiene follows the FDA Food Code as your state adopted it, with your state's own changes. What it does:

Daily checks for fridges, freezers, cooking, hot holding, cooling, cleaning and deliveries, with the time, the staff member's name and photos. Saved records cannot be changed; corrections are added as new records.
Your country's temperatures built in, such as 41°F (5°C) cold holding and 135°F (57°C) hot holding.
Food safety plan ("safe methods"). About 20 minutes: answer questions, check each method, sign it, set a review date and print it. Earlier versions are kept.
Ready for inspection? Checks your last 4 weeks of records the way an inspector would and shows how many are ready.
Inspector's visits log. Write down each visit: date, type and officer.
Practice inspection. A free walk round of about 10 minutes, with questions for your type of business and a "Put it right" list.
Allergen chart and labels. Every dish against the 9 major allergens, a staff view on the kitchen tablet, and labels with allergens in bold.
Staff training records.
Inspector pack. Print all your records as one pack, or share them by secure link.
40 languages. Staff can use the app in their own language.

9. A fair price, on purpose

Chef Hygiene costs $2.99 a month per site in the United States, and $1.99 a month per site for bakeries, dessert shops and corner shops. The exact price is shown in your app store. Staff are unlimited, there is no contract, and there is a 14-day free trial.

We keep the price low on purpose. We want as many food businesses as possible, from a single food truck to a busy restaurant, to keep good records and stay out of trouble at inspection.

10. Less paper

A paper diary means printed sheets every day. One daily sheet per kitchen is 365 sheets a year, before you count delivery forms, cleaning rotas and training records. Digital records mean no record books to buy and fewer printed forms to throw away. That is less paper and less waste, and nothing to store in a back office.

11. FAQ

Is there a federal food safety law for restaurants in the US?

No. The FDA Food Code is a model. States, counties and cities adopt it in full or with changes, and they inspect.

Which Food Code edition applies to me?

It depends on your state. Editions in use run from 2005 to 2022. Ask your health department.

Do I need a permit?

Yes. The Food Code says you may not operate without a valid permit from the regulatory authority, and applications are due at least 30 days before opening. Local steps and fees differ.

Who inspects restaurants?

The state, county or city health department. The USDA covers meat, poultry and some egg products.

Are inspections announced?

Usually not. The inspector can come at any reasonable time when you are open.

Is there a national hygiene grade?

No. Some places publish scores or grades. Check your local health department.

How do New York City grades work?

A is 0 to 13 points, B is 14 to 27, and C is 28 or more. Grade cards must be posted where people passing can see them.

What is a Certified Food Protection Manager?

A person who passed a test from an accredited program. In the 2022 Food Code, the Person in Charge must be one, unless the regulator treats the place as minimal risk.

What temperature must cold food be kept at?

41°F (5°C) or below, in the Food Code.

What temperature must hot food be kept at?

135°F (57°C) or above, in the Food Code.

How fast must cooked food be cooled?

From 135°F to 70°F within 2 hours, then to 41°F within a total of 6 hours.

How long can I keep prepared ready-to-eat food?

Up to 7 days at 41°F (5°C) or below, with a consume-or-discard date. The day you make it is Day 1.

Do I need a HACCP plan?

Not for an ordinary restaurant under the Food Code. Special processes that need a variance, and reduced oxygen packaging without one, do.

What are the major food allergens?

Milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame.

Do I have to tell customers about allergens on the menu?

The 2022 Food Code asks for written notice of major allergens in unpackaged food. Check whether your state adopted it.

How long do I keep shellfish tags?

90 calendar days from the date the last shellfish from the container was sold or served.

What if staff are sick?

They must report symptoms such as vomiting, diarrhea, jaundice, sore throat with fever or infected wounds, and certain diagnoses, to the Person in Charge.

Can I sell food from my home kitchen?

Cottage food laws are state laws. Check your state's rules.

How much does Chef Hygiene cost in the United States?

$2.99 a month per site, or $1.99 for bakeries, dessert shops and corner shops, with unlimited staff, no contract and a 14-day free trial. The exact price is shown in your app store.

12. Official sources

Chef Hygiene keeps your US food safety records ready for every inspection: