The Virginia Food Regulations are being updated! Updates will go into effect September 10, 2026. This update reflects, in part, the most current United States Food and Drug Administration (FDA) Food Code.
Operate a Food Establishment? Watch a TRAINING VIDEO on the regulatory changes here
The most important and impactful updates reflect new requirements for food establishments related to allergen safety.
Note: these are different than the future updates required per the 2026 Virginia legislative session. For information on these future regulatory updates, see here.
What's New?
Sesame has been added as one of the MAJOR FOOD ALLERGENS:
- Fin Fish (including salmon, cod, and tilapia)
- Crustacean Shellfish (including shrimp, crab and lobster)
- Tree Nuts (almonds, pecans and walnuts)
- Milk
- Peanuts
- Soy
- Wheat
- Eggs
- Sesame (NEW!)
Food Establishments must also now disclose the presence of any MAJOR FOOD ALLERGEN in packaged or unpackaged foods.
- You may list allergens after menu items using words, icons, or numbers (please provide a legend for guests to verify numbers or icons).
- You are not required to reprint menus- you may also offer a standalone handout that lists the major allergens and which dishes have those ingredients.
- A QR code may be used to access written allergen information.
Other Notable Changes
- Previously, hot water had to be at least 100 degrees Fahrenheit; now it only has to be at least 85 degrees Fahrenheit.
- If a commercially-packaged food is labeled with cooking instructions, you must follow those instructions before serving the food, unless the product is labeled "ready to eat".
- The Person In Charge (PIC) is now responsible for ensuring employees monitor and maintain correct temperatures for time/temperatures control for safety (TCS) foods during thawing.
- When approved by the local health department, a low risk facility will no longer be required to have a PIC onsite at all times during operation
- Existing prohibitions on tobacco use (including handwashing after use) now apply to all tobacco products, including vapes, pouches, and any other product containing nicotine.
- Shellfish invoices may now be used (in addition to tags and labels) to identify and document the source of molluscan shellfish.
- Employees with diagnosed, asymptomatic non-typhoidal salmonella may be restricted rather than excluded from work.
- While the meaning and required cooking temperatures haven't changes, terminology about intact and non-intact meats have been revised to align with terminology used by the USDA.
- The Food Regulations now include provisions for food donated to those in need.
FAQs and Additional Resources
- Download the content of this page (pdf format)
- Virginia Food Regulations - updates will not be visible until they go into effect on September 10, 2026.
- Read the updates to the regulations in the Virginia Register of Regulations
Frequently Asked Questions and other tips:
- A: In general, the method of heating is not relevant as long as the product is cooked thoroughly to the temperature stated in the manufacturer's cooking instructions.
Q: What about when an ingredient has a "may contain" label?
- A: “May contain” labels or Precautionary Allergen Labeling (PAL) are sometimes used by manufacturers on packaged food labels. Retail food establishments are not required to communicate these PALs as they are not an intentional major food allergen ingredient and are voluntary to communicate the potential for unintended cross-contact. Only food or ingredients that contain the major food allergens are required to have written notification.
Q: What do I need to show my inspector?
- A: Written notification of the presence of major food allergens should be apparent to any person making food selections, as well as to any inspector.
Considerations for Educational facilities, Healthcare facilities, Institutional facilities, Child Day Centers, and similar settings
We suggest Operators use the following questions to assess whether their foodservice operations comply with major food allergen written notification requirements for unpackaged foods. Operators should be able to answer "Yes" to all questions.
After identifying whom is selecting the food from the menu or options provided (e.g., Parent/Guardian, Healthcare provider, Child Daycare Provider, or the consumer), does this person have access to your major food allergen written notification/identification system(s)? (ie: via signboard, written menu, online menu, emailed menu, QR Code-linked?)
If you offer multiple ordering platforms, (e.g., an electronic kiosk, online menu or app, at the point of service) , is access to your major food allergen written notification/identification system(s) available through all these methods?