On Oct. 17, Needham’s Board of Health adopted the U.S. Food and Drug Administration’s latest restaurant standards, Food Code 2022, effective April 1, 2026. For local restaurants trying to keep pace with regulations, this effort to remain cutting-edge in food safety comes at a cost — literally.
The new code will require food establishments to notify the public of possible allergens in their food (keep a binder of ingredients that a customer may ask to see); train staff on food defense (are they locking up before they leave?); have a Certified Food Protection Manager present during all hours of operation; and — within four years — create a food safety management system with a written protocol related to risk factors and critical control points (e.g. What is the temperature of each piece of cooked chicken? Is it logged somewhere?).
This will require time, money and extra training: requirements which are more difficult for the town’s low-margin businesses, and some restaurant owners have privately expressed frustration.
“The costs of labor being what they are, every time that you ask (food establishments) to do something else … that could be enough to drive someone out of business in town,” Board of Health member Stephen Epstein said at a meeting Sept. 19. “That’s my concern here, because we do have a lot of smaller establishments here and that’s one of the things that enhances the character of the town, that we’re not just all McDonald’s.” Epstein, however, was outvoted.
Keeping pace with the FDA Food Code
Every four years, the FDA updates guidelines for food safety based on current science. Local governments are not required to comply with the FDA Food Code, but are encouraged to adopt the latest version and prioritize food safety.
At the state level, Massachusetts is currently compliant with the 2013 Food Code. By adopting the 2022 code, Needham is ahead of state requirements. This makes Needham one of four towns in Massachusetts in line with the most recent standards. The board also voted to adopt the supplement, a clarifying document published after the Food Code that includes revisions and provisions.
“Our board’s always been like that — they want to be at the head of the curve when it comes to food safety and compliance,” said Tara Gurge, Needham’s assistant public health director. “FDA ’22 Code is at the head of food safety.”
‘There is no good time’
The Board of Health, tasked with bridging public health and the practical needs of local businesses, has brainstormed a few ways to ease the transition into Food Code 2022.
“We understand there’s no good time to adopt new regulations,” said Sai Palani, environmental health agent. “There’s always new things coming about, but we’re trying to make it as smooth as possible as we undergo that process.”
Adopting the supplement’s recommendations gives grace to smaller food establishments, as it allows the board to tailor regulations to smaller businesses.
Establishments deemed minimal risk — Risk Level One — by the board may not need to comply with food safety management systems.
“We’re exempting certain low-risk places and seasonal places,” Palani said. “Risk Level Ones such as gas stations and places like that probably don’t need to have a certified Food Protection Manager there on premises.”
The board has also announced a delayed enforcement, introducing the code over four-to-six months and beginning with establishments serving at-risk populations (i.e. hospitals, assisted living facilities). This phase-in is designed to give businesses a grace period as they figure out how to comply with the new code.
“Needham’s always been rolling it out as slow as we can, to answer questions [and] have our inspectors go around to talk to our establishments: ‘Do you have any questions about the new code? What needs to be done?’” Gurge said.
The Public Health Division is facilitating trainings in English and Spanish, translating information on flyers into Spanish, Portuguese, Haitian Creole and Chinese, and publishing the resources shared in trainings online.
In January, the division will host two full-day ServSafe Certified Food Protection Manager classes, which will include proctored exams. The Board of Health is covering course fees; participants will need to pay $75 for a workbook.
The board’s hope is that adopting a new Food Code now will allow changes with future codes to be gradual. This is particularly relevant as the FDA prepares to release FDA Food Code 2026.
Remaining compliant with FDA Food Standards also allows the division to receive $8,000-$10,000 annually in grant money from the National Environmental Health Association. To continue receiving this money, it must demonstrate forward movement in food safety efforts. Gurge said the grant money goes toward trainings and other resources to support local food establishments.
“We’re not out to get you,” said Gurge. “We want you to be aware. We want you to do well and to have the resources necessary.”
Policies piling up for local mom-and-pops
One local business owner said the number of policies piling up is overwhelming, as new regulations are added to existing ones. These policies come not just from the Board of Health, but from local advocacy groups like Green Needham Collaborative.
“We understand why — this is food safety, after all,” the owner said. “But I would say, remember, every rule that gets added, you know, there’s still the other rules that are there. So it just becomes harder and harder for a lot of small businesses to work with.”
Another restaurant owner in Needham emphasized the misalignment between state and town regulations, pointing to the environmental policy. Recently, the owner said, Needham passed a black plastic ban that will go into effect January 2026; however, stores supplying local owners with items like food containers adhere to state regulations — not Needham regulations. These stores typically do not stock white plastic containers, which few customers buy due to the expense. This leaves Needham business owners in a quandary: town regulations will not allow for black plastic containers, but supply stores carry very little white plastic.
Frustration at the misalignment of town and state Food Codes is compounded by increasing costs.
“We’ve spent [a] one-time cost [of] over $15,000 to comply with the last update of the Food Code,” the owner said. “And we have an ongoing cost of about $1,500 a month because we’ve hired another person to come in, in order to make sure that everything is to the standard to which they’re asking us.”
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