Governor issues EO empowering DoH to use FDA Model Food Code

Governor Pulaali’i Nikolao Pula
It aims to strengthen DoH’s efforts to oversee food safety and food establishment regulations
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — With the Department of Health, especially its Environmental Health Services Division, being a major pro-active force in American Samoa’s enforcement of health and safety regulations, it’s no surprise that Governor Pulaalii Nikolao Pula recently issued Executive Order 004-26 empowering the DoH to oversee food safety and to regulate food establishments in American Samoa using the FDA Model Food Code. 

This code is the nationally recognized, science-based framework for retail food safety, providing standardized guidance for food establishments, inspectors, and regulatory agencies nationwide. 

By adopting the FDA Model Food Code, American Samoa aims to strengthen its efforts to prevent food borne illness, modernize inspection practices, and bolster existing food safety laws without replacing them. Periodic updates to the FDA Model Food Code are essential to keep it aligned with the latest scientific findings, technological advancements, and national safety standards.

The Executive Order stipulates that the FDA Model Food Code will be adopted as the official reference guide for various aspects of food safety, including food establishment operations, inspection practices, enforcement actions, and retail food operations within American Samoa. 

The EO states that the FDA Model Food Code will interpret, support, and clarify existing provisions in Title 25 ASAC. Importantly, it does not replace or supersede local laws unless the Department of Health specifically incorporates certain provisions through legislative action or the rule-making process governed by the Administrative Procedures Act.

It will take effect immediately upon signing. The governor signed Executive Order 004-26 on August 20, 2026.

However, the enforcement of the specific guidelines established by the FDA Model Food Code will begin no earlier than 120 days from the date of the order. 

This grace period gives the Department of Public Health ample time to conduct a comprehensive public information and outreach campaign to educate affected businesses about the new regulations.

The governor strongly encourages all local businesses, including restaurants, food markets, grocery stores, hot food establishments, and food vendors, to utilize the upcoming 120 days effectively. 

During this time, they should seek out education and training on the new guidelines to ensure compliance and enhance food safety practices. The American Samoa DoH can provide resources, information, and details about training sessions.

Businesses are urged to contact the department to learn when and where these educational opportunities will be available. This proactive approach will not only aid compliance but will also help to protect the health and well-being of the community as a whole.