Allergens on restaurant menus: what US rules require (2026)

In the US, allergen rules for restaurant menus come from state and local law, because the federal labeling laws, FALCPA and the FASTER Act, cover packaged food. Where your state or city has adopted the FDA Food Code's § 3-602.12(C), you must give guests written notice of the major allergens in unpackaged food. A few states add a menu notice, a staff poster or allergen training. California's SB 68, as its author's office describes it, requires chains with 20 or more locations to list the nine major allergens in each menu item from 1 July 2026.

This guide covers the nine major allergens, what federal law and the 2026 FDA Food Code say, the state rules we could check in official text, dietary labels, wording you can use, how to keep allergen records accurate, and the UK and EU.

The nine major food allergens

A guest says they're allergic to sesame and asks about the burger bun. Your server needs to know which dishes contain the allergens the rules name, and so does whoever writes your menu.

The FDA names nine major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Sesame is the newest. The FASTER Act added it, and the FDA says the change took effect on 1 January 2023.

The 2026 FDA Food Code defines "major food allergen" in § 1-201.10(B) with the same nine foods, and gives examples for three of them:

• fish, such as bass, flounder or cod
• crustacean shellfish, such as crab, lobster or shrimp
• tree nuts, such as almonds, pecans or walnuts

The definition also covers any food ingredient that contains protein derived from one of the nine. So a sauce finished with butter brings milk into the dish, and a coating made with wheat flour brings wheat. The definition leaves out highly refined oils made from these foods, and ingredients exempted through the federal petition or notification process.

What federal allergen law covers

FALCPA is the Food Allergen Labeling and Consumer Protection Act of 2004. The Food Code's annex explains that it requires affected packaged food labels to name the food source of any major allergen used as an ingredient. The FDA says it enforces the law "in most packaged food products", and the FASTER Act of 2021 added sesame to the list.

The FDA also lists what the law leaves out. Among the exclusions are "most foods sold at retail or food service establishments that are not pre-packaged with a label". The labeling requirements also don't apply to food placed in a wrapper or container "following a customer's order at the point of purchase".

So the to-go box you fill after a guest orders sits outside FALCPA. The FDA does say the requirements "extend to retail and food-service establishments that package, label, and offer products for human consumption". For the plate you serve at the table, the rules come from the state and local agencies that regulate restaurants where you are.

The FDA Food Code and allergens in 2026

The FDA Food Code is the FDA's model for food safety in restaurants and food shops. Its preface says the model Food Code "is neither federal law nor federal regulation and is not preemptive". It becomes a rule where a local, state, tribal, territorial or federal government adopts it.

Why your state's version may differ

States adopt the Food Code on their own schedule, so the edition in force where you are may be older than 2026. In the FDA's adoption report for the period ending 31 December 2025, 14 states had adopted the 2022 edition, the newest at the time.

The Food Code's annex says the written-notice paragraph, § 3-602.12(C), was added after a 2020 recommendation from the Conference for Food Protection. A state still on an older edition may not have it. Your health department can tell you which edition applies to your restaurant.

The five Food Code sections that cover allergens

The FDA's summary of changes for the 2026 edition lists no change to the allergen definition, § 3-602.12 or § 3-603.11. Its changes to §§ 2-102.11 and 2-103.11 add items on food defense. The one allergen change it lists is a new reference in the annex: a voluntary Major Food Allergen Framework from the Conference for Food Protection.

Written notice of allergens in unpackaged food (3-602.12(C))

The paragraph reads: "The permit holder shall notify consumers by written notification of the presence of major food allergens as an ingredient in unpackaged food items that are served or sold to the consumer." It doesn't say where the notice goes. The Food Code's annex says written notification can be given by "physical or electronic means". Its examples include brochures, deli case or menu notifications, label statements, table tents and placards.

Staff knowledge and training (2-102.11 and 2-103.11)

Under § 2-102.11, the person in charge shows the inspector they know the code in one of three ways: no priority violations during the inspection, being a certified food protection manager, or answering the inspector's questions correctly. One listed topic for those questions, (C)(9), is describing the major allergens and the symptoms they can cause.

Section 2-103.11(O) makes the person in charge responsible for ensuring that employees "are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties". The Food Code says allergy awareness includes describing the major allergens and the symptoms they can cause.

The raw or undercooked advisory (3-603.11)

This section covers raw and undercooked animal foods, and it's another written notice to guests that can go on a menu. With some exceptions, if you serve an animal food such as beef, eggs, fish or shellfish raw or undercooked, you must tell guests with a disclosure and a reminder, for example as menu advisories, table tents or placards.

The disclosure describes the dish, as in "oysters on the half shell (raw oysters)", or asterisks it to a footnote saying it's served raw or undercooked. The reminder is an asterisked footnote with one of three set statements, listed under wording below.

State allergen rules for restaurants

Several states have their own allergen rules for restaurants, in a statute or in their food code. This table lists only states whose official text we opened in October 2026.

Rhode Island menu notice and allergy poster

Rhode Island's law has three parts. Every food-service establishment must display a poster approved by the director of health in the staff area. It must "include on all menus a notice to customers of the customer's obligation to inform the server about any food allergies". And it must designate a manager who is knowledgeable about food allergies as they relate to food preparation.

The director of health approves the wording of the menu notice. We couldn't open the Rhode Island Department of Health's allergen page, so ask the department for that wording before you print. The designated manager either reviews the department's written and video materials or holds an accredited food protection manager certification.

Virginia food allergy awareness notice

Virginia passed a food allergy awareness notice law in 2026, Va. Code § 35.1-14.01. Under it, a permitted restaurant that provides a menu must show this phrase on each menu or on a sign posted conspicuously in the restaurant: "If you have a food allergy, please notify us." A restaurant with a menu on its website or elsewhere online must also include a food allergy notification on that menu and "provide a method by which a customer may indicate any food allergy".

The law also has the state health commissioner publish a staff notice in English and in the six most spoken other languages in Virginia. It covers what to do when a guest mentions an allergy, how to prevent cross-contact, and what to do in an allergic reaction, including when to call emergency medical services. Every permitted restaurant must post it in a conspicuous place accessible to all staff who prepare or serve food.

The Virginia Department of Health says these requirements did not take effect on 1 July 2026. It has to write regulations first, and it expects them to take effect in 2027. Until then, VDH says: "No new requirements will be enforced until the regulations are in effect."

Virginia already has an allergy training duty. VDH says that under 12VAC5-421-70 the person in charge must ensure employees are trained in food safety, "including food allergy awareness, as it relates to their assigned duties".

Maryland food allergy awareness poster

Since 1 March 2014, Maryland Health-General § 21-330.2 has required a food establishment to "display prominently in the staff area" a food allergy awareness poster that includes information on the risk of an allergic reaction. The section says nothing about menus. The Maryland Department of Health offers the posters and says they "have been updated to include sesame".

Minnesota allergy awareness training

Minnesota's food code says the person in charge shall "ensure employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties". That's Minnesota Rules 4626.0035, item N, and it closely follows the FDA Food Code's § 2-103.11(O).

Illinois allergen notice and training

The Illinois Department of Public Health answers allergen questions in two FAQs. On unpackaged food, it says the permit holder must give written notification of major allergens under 3-602.12, by physical or electronic means such as menu notifications, table tents or placards. If a menu item contains a major allergen, IDPH says "allergen information must be included" using one of those methods.

Two of its answers come up during a real service. IDPH says specials should use the same written notifications as regular menu items. It also says a QR code counts as written notification, and that a restaurant should consider whether a QR code is appropriate and provide physical copies for guests on request.

On training, the IDPH training FAQ says certified food protection managers in restaurants assigned Category I (high risk) by their local health department must take allergen awareness training within 30 days after employment and every 3 years after that. It cites the Food Handling Regulation Enforcement Act (410 ILCS 625), Section 3.06(d). IDPH says food handlers without the manager certification don't need this training.

Michigan allergen training (ended 2020)

Michigan's MCL 289.2129(2) required a certified food safety manager supervising a food service establishment to complete a food safety training program with an approved allergen awareness component, from 14 January 2017 and every 5 years after. The subsection says it "applies until December 31, 2020", and the Michigan Legislature's site marks it as not applicable after that date.

California SB 68 for chains

We couldn't open the bill text on California's legislative site, so this section reports only what the office of the bill's author, Senator Caroline Menjivar, published. Its release of 13 October 2025 says Governor Newsom signed SB 68. It says the law requires a food facility with 20 or more locations to give written notification on its menus of the nine major food allergens contained as an ingredient in each menu item.

The release says this can be directly on the menu or in a digital format, and that a digital version should also be offered in an alternative format for people who don't have access to technology. It says the allergens must be listed by their common name. It gives 1 July 2026 as the date the law goes into effect. Before relying on it, check the final law and any guidance with the California Department of Public Health or your county's environmental health office.

States not listed here

Other states, counties and cities may have allergen rules of their own. We left out any rule whose official text we couldn't open in October 2026. If your state isn't in the table, ask your local health department what applies to your restaurant.

Gluten-free and other dietary labels on menus

A guest asks whether the fries are gluten-free. "Gluten-free" is a dietary claim with its own FDA definition, separate from the allergen notices above.

The FDA's gluten-free rule applies to packaged food. Under it, "any unavoidable presence of gluten in the food must be less than 20 ppm", and the FDA treats "free of gluten", "without gluten" and "no gluten" as the same claim.

For restaurants, the FDA's Q&A says: "we recommend restaurants making a 'gluten-free' claim on their menus to be consistent with our 'gluten-free' definition." It also says it shares complaints about unpackaged food, such as food served in restaurants, with state and local government partners.

A recipe with no gluten can still pick some up from a shared fryer or board. The Food Code's annex calls this cross-contact, when an allergen that isn't an intentional ingredient "is unintentionally introduced into that food". For packaged labels, the FDA says its rules don't prohibit a truthful statement such as "made with no gluten-containing ingredients", though consumers shouldn't assume that food meets the gluten-free requirements. On a menu, a phrase like that describes the recipe, and you can add that the kitchen also handles wheat.

Vegan and vegetarian are claims about the whole recipe. None of the official texts in this guide define them, so check every component before you use them, including stocks, sauces and garnishes.

Allergen wording you can use on a menu

These phrases come word for word from official texts. Use the one your jurisdiction requires, and ask your health department if you're unsure which that is.

Rhode Island's menu notice must use the wording the director of health approved, so ask the department for it. For written allergen notices under § 3-602.12(C), the Food Code sets no fixed wording. Use plain allergen names, such as those in the FDA's list. California's release says allergens must be listed by their common name.

How to record allergens so they stay accurate

It's 7:30 on a Friday. A guest tells the server they're allergic to tree nuts and asks about the pesto. The answer is only as good as the record behind it, and that record has to survive supplier changes, recipe tweaks and new staff.

Start from the labels. Under FALCPA, most packaged ingredients you buy must name the major allergens they contain, so the label on the case is the first source for your record. Then give every dish one of three answers for each of the nine allergens.

Contains and made without

A dish line such as "Contains: milk, wheat, sesame" uses the plain names from the FDA's list. "Made without" describes the recipe and says nothing about shared fryers, boards or tongs, so keep cross-contact as its own note on the dish. For gluten, use the FDA wording from the section above, since the FDA treats "without gluten" on a label as a gluten-free claim.

Keep unknown separate from no

An empty box on a spreadsheet reads as "no" to the next person who opens it. Record "unknown" on purpose until someone checks the label or asks the supplier. Anything that answers a guest, whether a server, a printed card or a website filter, should treat unknown as a reason to ask the kitchen.

Update the record when a recipe changes

Records become wrong through small changes: a new bread supplier, a garnish swapped on a busy night, a special that becomes a regular. Give one person the job of updating the record when a recipe or supplier changes. Then update every place your menu lives, including the printed menu, the specials board and the website. A PDF menu has to be edited and exported again each time, which our guide to PDF menus and online menus covers.

Showing allergens on your menu page

If your menu page runs on MenuFramer, each dish can list its ingredients and allergens, and guests can filter the menu by dietary need and allergy or search it by ingredient. The menu shows what you record, so its accuracy still comes from your kitchen, and using it does not by itself meet any state's rule. You can see how dishes are set up on Dishes.

Allergen rules in the UK and EU

In England, Northern Ireland and Wales, the Food Standards Agency's allergen guidance names 14 allergens that food businesses must tell customers about when food contains them as an ingredient:

• celery
• cereals containing gluten
• crustaceans
• eggs
• fish
• lupin
• milk
• molluscs
• mustard
• peanuts
• sesame
• soybeans
• sulphur dioxide and sulphites, at more than ten parts per million
• tree nuts

For food that isn't prepacked, such as a restaurant meal, the FSA says you can give the information "verbally, with a written notice placed in a clearly visible position explaining how your customers can obtain this information". It adds that written allergen information, supported by a conversation, works best for consumers.

In the EU, Regulation (EU) No 1169/2011 has applied since 13 December 2014. The European Commission says it brought "mandatory allergen information for non-prepacked foods, including in restaurants and cafes". We couldn't load the regulation on EUR-Lex when we checked, so for the detail, read it there or ask the food authority in the country where you trade.

Frequently asked questions

Do restaurants have to list allergens on menus?

The federal allergen labeling law, FALCPA, covers packaged food, and the FDA lists most unpackaged restaurant food among its exclusions. Where your state or city has adopted the FDA Food Code's § 3-602.12(C), you must give written notice of major allergens in unpackaged food, and a menu notice is one of the forms the Food Code's annex lists. California's SB 68, as its author's office describes it, requires chains with 20 or more locations to list the nine allergens in each menu item.

Is sesame a major allergen?

Yes. The FASTER Act made sesame the ninth major food allergen, and the FDA says the change took effect on 1 January 2023. The 2026 FDA Food Code includes sesame in its definition of major food allergen.

Can I call a dish gluten-free?

The FDA's gluten-free rule applies to packaged food, where any unavoidable gluten must be less than 20 parts per million. For restaurants, the FDA recommends that a gluten-free claim on a menu be consistent with that definition. If your kitchen can't control cross-contact, describe the recipe and tell guests the kitchen also handles wheat.

Does a QR code menu count as written notice?

It depends on where you are. The Food Code's annex says written notification can be physical or electronic. Illinois's health department says a QR code counts, and that a restaurant should consider whether it's appropriate and provide physical copies on request. Ask your local health department what it accepts.

Do allergen rules apply to small restaurants?

Section 3-602.12(C) of the Food Code applies to the permit holder and mentions no size limit, and neither do the Rhode Island, Virginia, Maryland or Minnesota sections quoted here. California's SB 68 covers chains with 20 or more locations, and Illinois's manager training applies to restaurants their local health department rates Category I. Your local health department can confirm what applies to you.

Sources

• Food Allergies, U.S. Food and Drug Administration, checked October 2026
• Food Code 2026, U.S. Food and Drug Administration, checked October 2026
• Food Code 2026, full text (PDF), U.S. Food and Drug Administration, checked October 2026
• Summary of Changes in the 2026 FDA Food Code, U.S. Food and Drug Administration, checked October 2026
• Adoption of the FDA Food Code by State and Territorial Agencies Responsible for the Oversight of Restaurants and/or Retail Food Stores, U.S. Food and Drug Administration, checked October 2026
• Questions and Answers on the Gluten-Free Food Labeling Final Rule, U.S. Food and Drug Administration, checked October 2026
• R.I. Gen. Laws § 23-20.12-2, Rhode Island General Assembly, checked October 2026
• Va. Code § 35.1-14.01, Virginia General Assembly, checked October 2026
• Recent legislation for Virginia food allergy, intolerance, or sensitivity requirements, Virginia Department of Health, checked October 2026
• Food Allergens, Virginia Department of Health, checked October 2026
• Health-General § 21-330.2, Maryland General Assembly, checked October 2026
• Food Allergy Awareness, Maryland Department of Health, checked October 2026
• Minnesota Rules 4626.0035, Minnesota Office of the Revisor of Statutes, checked October 2026
• Allergen Requirements for Packaged, Unpackaged, and Bulk Labeling Frequently Asked Questions, Illinois Department of Public Health, checked October 2026
• Food Allergen Awareness Training FAQ, Illinois Department of Public Health, checked October 2026
• MCL 289.2129, Michigan Legislature, checked October 2026
• SB 68 Allergen Disclosures for Dining Experiences Sent to Governor Newsom, Office of Senator Caroline Menjivar, checked October 2026
• California is the First in the Nation to Require Allergen Disclosures on Restaurant Menus With SB 68, Office of Senator Caroline Menjivar, checked October 2026
• Allergen guidance for food businesses, Food Standards Agency, checked October 2026
• Food information to consumers: legislation, European Commission, checked October 2026