March 4, 2025
FOR IMMEDIATE RELEASE:
FDA Food Code Update Creates Glidepath for Adoption of Reusables
Washington, D.C. — The U.S. Food and Drug Administration (FDA) issued a key supplement to its 2022 federal food code, providing much-needed clarity for industry and states looking to implement reusable and refillable foodware in restaurants, bulk aisles, deli counters, and at events. This long-awaited update provides regulatory clarity, making it easier for businesses to transition away from single-use packaging.
For years, companies eager to implement reusable foodware have struggled with unclear regulations. In response, industry leaders formally raised the issue with the FDA in 2019. This led to the formation of the Safe Use of Reusables Committee convened by the Conference for Food Protection in 2021.
Led by Dr. Dagny Tucker, Founder of Vessel and now Co-Founder of Perpetual, and Carrie Pohjola of the Wisconsin Department of Agriculture, the committee brought together food safety regulators, industry experts, academic researchers, and consumer advocates. Their mission: to define safe reusable container practices, assess existing FDA code and food safety science, and propose updates to the federal food code to allow for safe reuse practices.
The committee’s recommendations, submitted in 2023, introduced critical changes, including new definitions and a comprehensive guidance document on reusable container safety. After deliberation and voting, these updates were formally adopted by the FDA.
“Bringing reusables into the FDA food code was a herculean task, made possible by the dedication of my co-chair, the committee, and FDA members,” said Dr. Tucker. “These changes represent a major milestone—solidifying reuse at the highest regulatory levels and providing a clear path forward for businesses and regulators alike.”
Beyond reducing waste and pollution, reusable foodware offers significant environmental benefits, builds the local economy and reduces supply chain uncertainty and reliance on single-use materials.
The revised federal food code provides the framework for health departments, businesses, and reuse service providers, ensuring that states adopting this language will align their regulations with best practices for reuse and refill systems. While many states automatically adopt the updated Federal code some states do not. The Center for Biological Diversity has been deeply involved in supporting food code updates at the state level to allow for reuse and refill and will continue their import work leading a subcommittee focused on state level retail food code.
Key Updates to the Food Code
Expanded Cleaning Options: Previously, only certain entities were permitted to clean reusable containers. The new language allows more flexibility, including third-party washing services and Bring Your Own (BYO) container programs.
Through employing a contamination-free process there are now allowances for:
Consumer Participation: While the old code required an employee to fill a reusable container, the update allows consumers to fill their own clean and sanitized containers.
Expanded Food and Beverage Refill Allowances: Before, only cold or hot drinks without milk could be refilled. Now, fresh, hot food and drinks—including those containing milk—can be placed in reusable containers.
Perpetual will be hosting a webinar, with regulatory agencies, to walk through the changes. Sign-up for our newsletter to get an announcement about the webinar.
Background & Industry Impact
At the 2023 Conference for Food Protection, Dr. Tucker and the Safe Use of Reusables Committee presented their findings to industry leaders and regulators. The Council acknowledged the growing demand for reusable packaging, driven by consumer demand, environmental concerns, and legislative action to reduce waste. Recognizing the strong scientific foundation and food safety protocols behind the committee’s recommendations, the FDA moved to amend §3-304.17 Refilling Returnables to provide a standardized, nationwide framework for reuse.
These updates mark a critical step forward in the movement toward a circular economy, removing regulatory uncertainty and empowering businesses to scale reuse systems safely. As states adopt these new guidelines, restaurants, retailers, and consumers alike will benefit from a more sustainable and waste-free future.
Legislative bodies are increasingly considering reusable container systems as a means to address waste, human health concerns, and climate change. The Safe Use of Reusables Committee provided extensive research, demonstrating that reuse could be implemented safely through scientifically backed methodologies. This included the creation of a comprehensive guidance document outlining best practices for both business and consumer-owned reusables.
Following Council approval and an additional confirmation vote by regulatory delegates from all 50 states, the FDA communicated agreement with the committee’s recommendations in September of 2023. As a result, §3-304.17 Refilling Returnables was amended to incorporate new guidance on minimum safety standards for refillable containers. This change allows for the broader and more standardized use of reusable foodware, including consumer-owned, third-party-provided, and in-house reusable container exchange programs with proper sanitation protocols.
For More Information
Read, Perpetual cofounder, Dr. Dagny Tucker's article Cracking the Code: A Personal Journey to Codify Reuse in the FDA Food Code to learn more about how the food code changes came to life.
Dr. Dagny Tucker
hello@perpetualuse.org