The 2026 FDA Food Code Just Changed: What Hawaii's Multi-Unit Restaurant Owners Need to Know
The FDA released the 2026 Food Code on September 17, 2026. For Hawaii restaurant owners, the most important point is this:
The 2026 FDA Food Code is not automatically law in Hawaii.
Hawaii currently regulates food establishments under Hawaii Administrative Rules (HAR) Title 11, Chapter 50, also called the Food Safety Code. The current Hawaii rules became effective on August 24, 2025, and adopt the 2022 FDA Model Food Code, not the 2026 edition.
That means Hawaii restaurants are not immediately required to follow every new 2026 provision. However, the new code signals where food safety compliance for restaurants is heading. Multi-unit operators should start preparing now so every location is ready when the Hawaii Department of Health (DOH) eventually considers a future amendment.
This guide explains what is required in Hawaii today, what is coming from the 2026 FDA Food Code, and what restaurant owners with five or more locations can do next.
Who regulates food safety in Hawaii?
The Hawaii Department of Health’s Food Safety Branch, historically known as the Sanitation Branch, oversees food establishments across the state.
Hawaii’s current rules are found in HAR Title 11, Chapter 50. These rules apply statewide, including restaurants on Oahu, Maui, Kauai, and Hawaii Island.
A food establishment must have a DOH permit to operate. The permit is valid for one year. Depending on the operation, the permit process may require:
- Application forms
- Menus
- Written operating procedures
- Fees
- A pre-operational inspection
- A HACCP plan for specialized food processes
The DOH may also require a HACCP plan or a pre-operational facility inspection before issuing or renewing a permit.
Inspections may be based on risk, complaints, investigations, or routine scheduling. During an inspection, the inspector may review food handling, employee practices, equipment, sanitation, storage, temperatures, and written procedures. Critical violations may need to be corrected immediately or within the timeframe specified by the Department.
For a growing restaurant group, this means compliance cannot depend on one experienced manager at one location. Your procedures need to work consistently across every store.
What is already required in Hawaii today?
Before looking at the 2026 FDA changes, it is important to separate current Hawaii requirements from future expectations.
Under the current HAR 11-50 rules, Hawaii restaurant operators should already have systems for:
- Safe receiving, storage, preparation, holding, and cooling
- Preventing cross-contamination
- Employee illness reporting and exclusion
- Allergen controls, including sesame
- Cleaning and sanitizing food-contact surfaces
- Proper food temperatures and date marking
- Responding to vomiting and diarrhea incidents
- Maintaining a valid DOH permit
- Following approved procedures for specialized processes
Hawaii restaurants should also maintain a written vomiting and diarrhea cleanup plan. Staff must know what to do when a contamination event occurs, including how to isolate the area, protect food, use the right cleaning products, and dispose of contaminated materials.
These are not “wait until the 2026 code” items. They are part of current health department compliance restaurant owners should be managing now.
The Hawaii DOH Food Safety Branch provides current information for permits, inspections, and food safety requirements.
What is coming from the 2026 FDA Food Code?
The 2026 code is a model code. It becomes enforceable in Hawaii only if Hawaii adopts it or incorporates equivalent requirements into its own rules.
Here are the changes most relevant to Hawaii’s multi-unit restaurant operators.
1. A written Food Safety Management System
The 2026 code adds a formal requirement for a written Food Safety Management System, or FSMS, for covered establishments.
The requirement would take effect within four years after a regulatory authority adopts the 2026 code. A written FSMS would need to be maintained, implemented during operating hours, and available to the regulator upon request.
In plain English, an FSMS is a written system for preventing food safety problems before they happen. It may include:
- Receiving and storage procedures
- Temperature monitoring
- Cooling and reheating controls
- Cleaning and sanitizing procedures
- Employee illness procedures
- Allergen controls
- Corrective actions
- Training responsibilities
- Records and verification
For a five-unit or larger restaurant group, the best approach is to build one company-wide framework with location-specific details. Each store should use the same core standards, forms, training expectations, and corrective action process.
HACCP is not the same as an FSMS
This is a common source of confusion.
A HACCP plan is generally used for a specific specialized process, such as acidifying sushi rice, reduced-oxygen packaging, curing, or another process that requires detailed hazard controls and regulatory approval.
An FSMS is broader. It covers the overall food safety system for the restaurant, including everyday controls such as employee hygiene, receiving, storage, cleaning, and temperature management.
You may need a HACCP plan for one menu process and an FSMS for the operation as a whole. One does not automatically replace the other.
2. Written employee illness policies
The 2026 code specifically requires a written employee illness policy that is maintained and available to the regulatory authority.
The policy should explain:
- Which symptoms employees must report
- When an employee must be excluded from work
- When an employee may be restricted from certain duties
- When medical clearance is needed
- How employees return to work
- Who is responsible for making decisions
- How illness information is documented
Hawaii already expects restaurants to manage employee illness and maintain a written vomiting and diarrhea cleanup plan. The 2026 code would make the written policy expectation more explicit.
For multi-unit restaurant food safety, use one approved illness policy across all locations. Train managers on the policy so an employee receives the same direction whether they work in Honolulu, Kahului, Lihue, or Kona.
3. Updated medical clearance options
The 2026 code updates language about medical clearance. Validated laboratory test results from an accredited laboratory may be accepted, rather than relying only on traditional stool cultures.
This does not mean managers should diagnose employees or interpret medical results themselves. It means your illness policy should clearly identify when the employee must contact a healthcare provider and when documentation may be required before returning to work.
4. Clarifications for gloves and reusable containers
The new code allows double-gloving in specific circumstances. This is not permission to ignore handwashing or use gloves as a substitute for clean hands. Managers should wait for Hawaii’s adoption language before changing standard operating procedures.
The 2026 code also clarifies when and how reusable containers may be refilled. Review whether containers are:
- Properly cleaned and sanitized before reuse
- Designed for repeated use
- Protected from contamination during refilling
- Clearly identified when necessary
These details matter in high-volume operations where sauces, toppings, beverages, and prepared foods are moved between storage and service areas.
5. An additional cooling method
The 2026 code recognizes another approved cooling method, including a shallow-layer approach using food held at a depth of two inches or less.
Cooling procedures must still meet the required time and temperature limits. A shallow pan alone does not make an unsafe process acceptable.
For each Hawaii location, review:
- Which foods are cooled
- Container depth
- Cooling equipment
- Temperature checks
- Required cooling times
- Corrective actions when cooling is too slow
Document one approved method for each food category and train employees to use it consistently.
6. More specific disinfection requirements
The 2026 code adds a new section addressing the disinfection of equipment and utensils.
Restaurants should clearly distinguish between:
- Cleaning: Removing food, dirt, and grease
- Sanitizing: Reducing microorganisms to a safe level
- Disinfecting: Using an approved process for a higher level of microbial control after certain contamination events
This is especially important after vomiting or diarrhea incidents. Your procedures should identify the approved product, concentration, contact time, personal protective equipment, and disposal steps.
7. Covered waste receptacles in toilet rooms
The 2026 code requires covered waste receptacles in all toilet rooms.
This is a simple facility check that can be completed across every location. Confirm that each restroom has an appropriate covered receptacle, that it is in good condition, and that staff empty and clean it according to your facility schedule.
8. Food defense updates
The 2026 code also updates food defense guidance. Food defense is about protecting food from intentional contamination or tampering.
Restaurant owners should review:
- Who can access food storage and preparation areas
- How keys, codes, and staff access are managed
- How chemicals are stored
- How deliveries are received
- How suspicious activity is reported
- How incidents are documented
For a multi-location group, these controls should be part of manager training and opening and closing procedures.
Why sushi rice deserves special attention in Hawaii
Hawaii’s restaurant scene includes many sushi, poke, Japanese, and fusion concepts. The 2026 FDA Food Code adds new annex guidance related to:
- Acidified sushi rice
- Dehydration
- Freeze-drying
The sushi rice guidance is particularly relevant. Acidifying rice so it can be held outside normal temperature controls is a specialized process. It may require a variance, HACCP plan, or approval from the regulatory authority.
A reliable sushi rice program should include:
- A standardized recipe
- Approved ingredients
- A defined pH target
- A calibrated pH meter
- Testing procedures
- Corrective actions
- Records for each batch or required testing period
Do not assume that vinegar in a recipe automatically makes rice safe for room-temperature holding. The process must be validated and managed according to the requirements of the Hawaii DOH.
What Hawaii restaurant owners should do now
Even though Hawaii has not yet adopted the 2026 FDA Food Code, preparation can begin immediately.
Use this practical restaurant health inspection checklist across all locations:
- Confirm that every location has a current DOH permit.
- Compare each store’s procedures with current HAR 11-50 requirements.
- Standardize employee illness and vomiting/diarrhea cleanup policies.
- Verify sesame allergen controls and menu information.
- Review cooling logs, sanitizer checks, and temperature records.
- Audit restroom waste receptacles.
- Review sushi rice and other specialized processes with a food safety professional.
- Start building a company-wide written FSMS.
- Train managers on corrective actions and documentation.
- Assign one person to monitor future Hawaii DOH rulemaking.
Preparing early gives your organization time to test procedures, train employees, and correct inconsistencies before a future rule becomes enforceable.
The goal is not to create paperwork for its own sake. Strong food safety management system restaurants use documentation to make safe practices repeatable, measurable, and consistent at every location.
For Hawaii’s multi-unit operators, that is the real opportunity: build a system now that protects guests, supports managers, and makes future health department inspections easier to manage.
This article is for general educational purposes and is not legal advice. Always confirm current requirements directly with the Hawaii Department of Health and obtain professional guidance for specialized processes or regulatory questions.