FDA Revision Oct 30 2018
Provision: 3-202.12 Additives; 3-302.14 Protection from Unapproved Additives.
Document Name: Liquid nitrogen and dry ice in food
Date: October 31, 2018
Question: Does the 2017 Food Code prohibit the use of liquid nitrogen and dry ice in the
preparation or service of food in retail and food service establishments?
Response:
No. The 2017 Food Code does not specifically prohibit the use of liquid nitrogen or dry ice in the
preparation or service of food sold in retail and food service establishments.
Liquid nitrogen is the colorless, odorless, clear liquefied form of nitrogen with a density of
0.807 g/ml at its boiling point (−195.79 °C (−320 °F)) while dry ice is an opaque solid with a
density of 97.5189 lb/ft3 at 78.5 °C (109.3 °F). Both liquid nitrogen and dry ice can maintain
extremely low temperatures.
In retail food and food service establishments, liquid nitrogen has been used as a freezing agent
in food preparation and preservation in the rapid freezing of foods (such as ice cream), to process
dry herbs and spices, and to rapidly chill beverages. Dry ice has been used in the preservation of
frozen foods in situations where mechanical means are unavailable. Both liquid nitrogen and dry ice
have been used for their smoke effect in beverages or foods to enhance presentation and consumer
appeal.
However, liquid nitrogen and dry ice must not be used in ways that make food unsafe for consumers
or that cause other safety hazards. Safety concerns associated with the use of liquid nitrogen and
dry ice in the preparation of food and beverages at retail are based on both the physical state of
the substances and accidents surrounding their use rather than on any toxicity associated with
either substance. Both liquid nitrogen and dry ice can cause severe damage to skin and internal
organs if mishandled or accidently ingested due to the extremely low temperatures they can
maintain. As such, liquid nitrogen and dry ice should not be directly consumed or allowed to
directly contact exposed skin.
While retail food-related incidents of accidental ingestion or direct contact with liquid nitrogen
and dry ice in the United States have been low, injuries have been severe. On August 30, 2018, FDA
issued an advisory warning consumers and retailers of the potential for serious injury from
eating, drinking, or handling food products prepared by adding liquid nitrogen immediately before
consumption as the liquid nitrogen may not completely evaporate before reaching the consumer or may
leave the product at an extremely low temperature, posing a significant risk of injury.
Retail food and food service establishments can minimize the risks associated with accidental
ingestion or skin contact with liquid nitrogen and dry ice in beverages by:
• Incorporating procedures and training for the safe receipt, storage, and handling of these
substances when used in the preparation of foods and beverages into their procedures and training
plans. Such procedures and training should include:
Directions for food employees to:
▪ not directly touch or consume liquid nitrogen or dry ice,▪ avoid the addition of liquid nitrogen or dry ice to foods and beverages immediately prior toservice, and▪ ensure complete evaporation or sublimation of the materials prior to service and/orconsumption.
- A statement or instructions that touching or consumption of liquid nitrogen or dry ice may result
- in adverse health conditions, physical abnormalities, and possibly death. Liquid nitrogen can cause
- rapid freezing on contact with living tissue.
- Directions to avoid prolonged exposure to liquid nitrogen and dry ice in enclosed or confined
- spaces, such as walk-in refrigerators or storage rooms. Carbon dioxide gas emitted in a confined or
- unventilated space may create an oxygen deficient atmosphere.
- Product specification sheets for equipment used to store or dispense liquid nitrogen and/or dry ice.
Safety data sheets for liquid nitrogen and/or dry ice.
• Conspicuously posting, or otherwise providing, warning notices to food employees in areas
where liquid nitrogen or dry ice are normally stored and where they are used in the preparation or
service of foods or beverages. Warning notices should instruct food employees to not directly touch
or consume liquid nitrogen or dry ice and to ensure complete evaporation or sublimation of the
materials prior to service. Warning notices should also include a statement that touching or
consuming liquid nitrogen may result in adverse health conditions, physical abnormalities, and
possibly death and a statement that carbon dioxide gas in enclosed or confined spaces may create an
oxygen deficient atmosphere.
• Conspicuously posting, or otherwise providing, notices to consumers in areas where liquid
nitrogen or dry ice are used in the preparation or service of foods or beverages.
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