The Codes, Standards, and Laws Governing the Use of Real Food as Theatrical Props
Theater productions using real food as props face significant safety and regulatory challenges. When actors consume food onstage, productions must address foodborne illness risks, allergen exposures, sanitation requirements, and regulatory compliance across multiple jurisdictions. This article provides theater practitioners with evidence-based protocols for managing real food props while maintaining performer safety and regulatory compliance.
Regulatory Authority and Jurisdiction
The Occupational Safety and Health Act of 1970, Section 5(a)(1), establishes the General Duty Clause requiring employers to provide employment and a place of employment free from recognized hazards causing or likely to cause death or serious physical harm (29 U.S.C. § 654). This federal mandate applies to theatrical productions regardless of venue size or production type. OSHA enforces workplace safety standards even in the absence of industry-specific regulations, making the General Duty Clause the primary enforcement mechanism for food safety violations in theater environments.
The U.S. Food and Drug Administration publishes the FDA Food Code, a model regulatory framework adopted with variations by state and local jurisdictions. The 2022 FDA Food Code establishes science-based standards for food safety in retail and food service operations (U.S. Food and Drug Administration, 2022). While not directly applicable to theatrical props, these standards represent current scientific consensus on preventing foodborne illness and provide the technical foundation for safe food handling practices. Productions handling food must determine which state and local regulations apply to their specific jurisdiction, as adoption and modification of FDA Food Code provisions varies significantly.
Local health departments typically classify on-stage food preparation or service as temporary food establishment operations, triggering permit requirements and inspection protocols. Jurisdictional definitions of “food service” vary, with some municipalities requiring permits when food is prepared, assembled, or served to any person, regardless of performance context. Production managers must contact local health departments during pre-production planning to determine permit requirements, inspection schedules, and applicable food handling standards. This regulatory determination cannot be made generically and requires jurisdiction-specific research.
Union Protections and Performer Rights
Actors’ Equity Association establishes performer safety requirements through collective bargaining agreements and safety protocols. While Equity rulebooks do not contain explicit “real food consumption” regulations, the union’s infection control policies address food-related pathogen transmission risks (Actors’ Equity Association, 2025). These policies require employers to prevent exposure to infectious agents, which includes foodborne pathogens when real food props are consumed during performances.
Equity’s technical standards require producers to conduct risk assessments identifying potential hazards before rehearsals begin (Actors’ Equity Association, n.d.). For productions using real food, this assessment must document allergen risks, storage protocols, handling procedures, and performer notification systems. Producers must disclose all known hazards and accommodate documented dietary restrictions, allergies, and religious requirements. Failure to conduct adequate risk assessments or provide reasonable accommodations may constitute contract violations subject to grievance procedures.
Productions must establish clear communication protocols allowing performers to refuse unsafe food consumption without reprisal. This protection extends to rehearsal and performance contexts, recognizing that performers cannot make informed consent decisions about food safety without complete hazard information. Documentation of performer notifications, accommodation requests, and safety briefings protects both performers and producers in the event of incidents or investigations.
Hazard Assessment and Risk Analysis
Effective food safety management begins with comprehensive hazard identification before food props enter the production environment. Theater-specific food hazards include biological agents (bacteria, viruses, parasites, allergens), chemical contaminants (pesticides, cleaning agents, additives), and physical hazards (foreign objects, packaging materials, temperature abuse). Each category requires distinct control measures and monitoring protocols.
Conduct hazard analysis using the following systematic approach:
Script Analysis Phase: Review all scenes requiring food consumption, identifying food types, consumption frequency, storage duration, and handling requirements. Document whether food must be cooked, assembled, or served onstage. Note all performers with food contact roles, including consumption and handling without consumption.
Allergen Identification: Catalog all foods by major allergen groups as defined by the Food Allergen Labeling and Consumer Protection Act: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. Add sesame as required under the FASTER Act. Document cross-contact risks when multiple foods share preparation surfaces, storage areas, or serving vessels.
Pathogen Risk Assessment: Evaluate time-temperature abuse potential for each food item. Foods requiring temperature control for safety include animal products, cooked vegetables, cut fruits, and prepared foods containing proteins. Hot stage lighting, extended performance durations, and backstage storage conditions create elevated pathogen growth risks requiring specific controls.
Consumption Pattern Analysis: Calculate total consumption frequency across all performances and rehearsals. Repeated exposure to the same allergen increases sensitization and reaction risks. Daily consumption of foods stored in non-refrigerated conditions multiplies pathogen exposure risks compared to single-event consumption.
Document this analysis in writing before purchasing food or beginning rehearsals. This documentation demonstrates due diligence in OSHA investigations and provides evidence of good faith efforts to identify and control hazards under the General Duty Clause.
Hierarchy of Controls Implementation
Apply the hierarchy of controls to eliminate or reduce food safety hazards, beginning with the most effective controls:
Elimination: Remove real food from the production entirely. Many theatrical scenes achieve dramatic effect using realistic artificial foods. Manufacturers including Rosco Laboratories and Look Solutions produce prop foods visually indistinguishable from real items under stage lighting. Elimination removes all food safety hazards and represents the most reliable control measure. Consider elimination as the default option unless compelling artistic requirements demand real food consumption.
Substitution: Replace high-risk foods with lower-risk alternatives maintaining similar visual appearance. Substitute shelf-stable items for temperature-sensitive foods, allergen-free products for common allergens, or individually wrapped items for bulk foods requiring handling. Replace raw or undercooked foods with fully cooked alternatives. Substitute pasteurized products for unpasteurized versions. Each substitution reduces specific hazard categories while maintaining the visual requirements of the production.
Engineering Controls: Implement physical systems preventing food contamination and temperature abuse. Install dedicated food storage refrigeration maintaining temperatures at 41°F (5°C) or below for cold holding and warming equipment maintaining 135°F (57°C) or above for hot holding, as specified in FDA Food Code provisions (U.S. Food and Drug Administration, 2022). Provide handwashing stations with hot and cold running water, soap, and single-use towels in food preparation areas. Designate separate storage areas for food props preventing cross-contamination with technical equipment, costumes, or makeup materials. Install temperature monitoring devices with data logging capabilities documenting compliance with temperature requirements.
Administrative Controls: Establish written procedures governing food procurement, storage, handling, and disposal. Require suppliers to provide documentation of food source and handling history. Implement first-in, first-out inventory rotation preventing use of expired products. Establish maximum storage duration limits based on food type and storage conditions. Create cleaning and sanitation schedules for all food contact surfaces, storage areas, and handling equipment. Develop allergen management protocols preventing cross-contact during storage, preparation, and service.
Personal Protective Equipment: Provide single-use gloves for all personnel handling food props. Require hair restraints for personnel preparing or assembling food items. Supply aprons or outer garments worn only during food handling activities and laundered between uses.
Effective food safety programs implement multiple control layers. No single control provides complete protection against all food safety hazards. Document the specific controls implemented for each identified hazard, creating a defensible safety management system.
Food Handling Requirements
Personnel handling food props must follow specific practices preventing contamination and pathogen growth:
Hand Hygiene: Wash hands with soap and warm water for at least 20 seconds before handling food, after touching face or hair, after using restroom facilities, after handling money, and after touching non-food items. Hand sanitizer does not substitute for handwashing when hands are visibly soiled or after restroom use. Provide handwashing facilities meeting FDA Food Code specifications: hot and cold running water, soap, single-use towels or air dryers, and waste receptacles.
Glove Use: Wear single-use gloves when handling ready-to-eat foods. Change gloves when switching between different food items, after touching face or hair, after handling raw animal products, and whenever gloves become torn or contaminated. Gloves do not eliminate handwashing requirements. Wash hands before putting on gloves and after removing gloves.
Food Contact Surface Sanitation: Clean and sanitize all surfaces contacting food before each use. Apply detergent solution removing visible soil, rinse with clean water, then apply chemical sanitizer at manufacturer-specified concentrations. Allow surfaces to air dry before food contact. Do not use cloths or towels potentially spreading contamination. Sanitize cutting boards, preparation tables, serving platters, and utensils between uses.
Temperature Control: Monitor food temperatures using calibrated metal-stem thermometers accurate to ±2°F. Record temperatures at regular intervals documented in writing. Maintain cold foods at 41°F (5°C) or below. Maintain hot foods at 135°F (57°C) or above. Discard foods held in the temperature danger zone (41°F to 135°F) for more than 4 hours cumulative time. This time limit includes storage, preparation, and performance duration.
Storage Protocols: Store food in covered containers preventing contamination from dust, insects, or splash. Label all containers with contents and date of preparation or opening. Store raw animal products below ready-to-eat foods preventing drip contamination. Maintain storage area temperature and humidity controls appropriate for stored food types. Conduct daily inspections identifying expired products, damaged packaging, or evidence of pest activity.
Training and Competency Requirements
Designate a competent person responsible for food safety program oversight. This individual must possess knowledge of food safety principles, hazard identification methods, and applicable regulatory requirements sufficient to recognize unsafe conditions and implement corrective actions. While OSHA does not specify food safety competent person requirements, the designation follows OSHA’s competent person definition: someone capable of identifying existing and predictable hazards and authorized to take prompt corrective measures to eliminate them (29 CFR 1926.32).
Provide food safety training to all personnel with food handling responsibilities before they begin work. Training must cover:
- Basic food safety principles and pathogen transmission routes
- Personal hygiene requirements and handwashing procedures
- Temperature control requirements for specific food types
- Cross-contamination prevention during storage and preparation
- Allergen awareness and cross-contact prevention
- Cleaning and sanitizing procedures for food contact surfaces
- Illness reporting requirements and restrictions on working while ill
- Emergency procedures for suspected foodborne illness or allergic reactions
Document training completion with attendee names, training date, topics covered, and trainer identification. Maintain training records demonstrating compliance with due diligence requirements. Provide refresher training annually or when procedures change.
Consider requiring food handler certification through programs such as ServSafe or equivalent. While theatrical productions may not fall under regulatory mandates requiring food handler certification, voluntary certification demonstrates commitment to food safety and provides standardized training content aligned with current scientific understanding of foodborne illness prevention.
Allergen Management Program
Establish comprehensive allergen management preventing exposure to performers with documented food allergies:
Allergen Declaration: Require performers to disclose food allergies, sensitivities, and dietary restrictions in writing during contract negotiations. Provide confidential disclosure mechanisms protecting medical privacy while ensuring production staff receive necessary safety information. Update allergen information if performer health status changes during production.
Ingredient Verification: Obtain complete ingredient lists for all foods used as props. Contact manufacturers when labels do not provide adequate detail. Verify ingredient information each time products are purchased, as manufacturers may change formulations without notice. Maintain ingredient documentation for all foods used during production.
Cross-Contact Prevention: Establish separate storage areas, preparation surfaces, and serving vessels for allergen-free alternatives. Clean and sanitize all surfaces before preparing allergen-free items. Use separate utensils preventing cross-contact. Prepare allergen-free items first, before handling allergenic foods. Store allergen-free items in sealed containers marked with allergen-free labeling.
Communication Protocols: Label all food props with complete ingredient information visible to performers. Use color-coding, dedicated containers, or position markers distinguishing allergen-free items from standard props. Conduct pre-performance briefings ensuring all performers know which items are safe for their consumption. Designate a stage manager or competent person verifying correct prop placement before each performance.
Emergency Response: Maintain epinephrine auto-injectors for performers with severe allergies as directed by their physicians. Train stage management and crew members to recognize anaphylaxis symptoms and administer emergency medications. Establish emergency medical services notification procedures. Document and report all allergic reactions regardless of severity.
Documentation and Recordkeeping
Maintain comprehensive records demonstrating food safety program effectiveness and regulatory compliance:
Food Source Documentation: Record supplier name, product identification, purchase date, and lot numbers for all foods. Maintain supplier contact information enabling recall notification or source investigations. Retain purchase records for the duration of production plus 90 days.
Temperature Logs: Document food temperatures during receiving, storage, preparation, and performance. Record date, time, food item, temperature reading, corrective actions taken for out-of-range temperatures, and monitoring personnel identification. Maintain temperature logs demonstrating continuous temperature control.
Cleaning and Sanitation Records: Document cleaning and sanitizing activities for food preparation areas, storage equipment, and food contact surfaces. Record date, surfaces cleaned, cleaning agents used, sanitizer concentration, and personnel performing tasks.
Illness Reports: Document all suspected foodborne illnesses among cast and crew. Record symptoms, onset time, foods consumed, medical treatment sought, and investigation findings. Report suspected foodborne illness outbreaks to local health departments as required by jurisdiction.
Training Records: Maintain documentation of food safety training including participant names, training dates, topics covered, trainer identification, and method of instruction.
Retain all food safety records for a minimum of three years. Records demonstrate good faith compliance efforts in OSHA investigations, health department inspections, and liability claims. Organized recordkeeping enables pattern identification and continuous improvement of food safety programs.
Permit Requirements and Regulatory Compliance
Contact local health departments during pre-production planning to determine permit requirements and inspection protocols. Provide health officials with information about food types, preparation methods, storage facilities, and performance schedule. Request written clarification of applicable regulations when jurisdiction-specific requirements are unclear.
Submit permit applications with adequate lead time for processing and approval before beginning food-related activities. Processing times vary by jurisdiction, ranging from immediate approval to several weeks for complex operations. Budget adequate time for facility inspections, plan reviews, and corrective actions addressing deficiencies identified during pre-operational reviews.
Prepare for health department inspections by reviewing FDA Food Code requirements and local ordinances. Organize documentation demonstrating compliance with temperature control, sanitation, handwashing, and storage requirements. Designate knowledgeable personnel to accompany inspectors and answer questions about food safety protocols.
Address violations identified during inspections immediately. Document corrective actions taken and provide follow-up information to health departments as requested. Serious violations may result in permit suspension or revocation, potentially requiring elimination of real food props or production delays.
Building Organizational Capacity
Integrate food safety into production planning from initial design phases. Include food safety considerations in production budgets, staffing plans, and facility requirements. Allocate resources for proper storage equipment, monitoring devices, training programs, and competent person designation.
Establish relationships with local health departments, food safety consultants, and occupational health professionals providing technical expertise and regulatory guidance.
Schedule regular safety meetings addressing food safety alongside other production hazards. Review temperature logs, cleaning records, and incident reports to identify improvement opportunities. Encourage performers and crew to report food safety concerns without fear of reprisal.
Conduct post-production reviews evaluating food safety program effectiveness. Document lessons learned and update procedures based on operational experience. Share best practices with theater community through professional organizations and industry publications.
Theater productions can achieve realism through carefully managed real food props while maintaining performer safety and regulatory compliance. Success requires commitment to evidence-based safety practices, adequate resource allocation, and continuous attention to food safety principles throughout production lifecycles.
References
Actors’ Equity Association. (2025). Infection control. https://actorsequity.org/resources/producers/safe-and-sanitary/infection-control
Actors’ Equity Association. (n.d.). Technical standards. https://actorsequity.org/resources/producers/safe-and-sanitary/technical-standards
Occupational Safety and Health Administration. (n.d.). Regulations (Standards – 29 CFR) – Table of Contents. https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.32
Occupational Safety and Health Administration. (n.d.). OSH Act of 1970. https://www.osha.gov/laws-regs/oshact/completeoshact
U.S. Food and Drug Administration. (2022). Food Code 2022. https://www.fda.gov/food/fda-food-code/food-code-2022