Allergen and menu labeling rules for restaurants in five states

Food allergies are a safety issue first and a legal issue second. A guest with a severe allergy can have a life-threatening reaction from a dish that looked safe, and a restaurant that handles allergies well earns loyalty. Rules on what a restaurant must do differ by state. Massachusetts has the best-known restaurant allergy law. New York City has a menu rule for large chains. For other states, no restaurant allergy statute was found, so a sensible routine matters more than a checklist of statutes.

What does Massachusetts require?

Massachusetts has a Food Allergy Awareness in Restaurants requirement in the state food code, 105 CMR 590.011. The Department of Public Health's guidance describes:

1. A poster in the employee work area that covers major allergens, health risks, what to do when a customer reports an allergy and the emergency response to a reaction. Use the department's current approved poster.
2. A notice on menus asking customers to tell the server about any food allergy in their party. It must appear on printed menus and on menu boards, so read the department's guidance for the exact wording and placement.
3. A certified food protection manager on staff who holds a Massachusetts allergen awareness certificate from a program the Department of Public Health recognizes. The department's FAQ describes the certificate as valid for five years, but vendors have given other periods, so check its current guidance. That manager must make sure employees are trained on allergy awareness for their duties.

Read the current regulation and the Department of Public Health's list of approved training programs.

What about New York?

Several allergen bills have been introduced in the New York legislature over the years. Check the State Senate's website for whether any has become law. For New York City, the rule that applies to many chains is about nutrition, not allergens. NYC311 says chain food service establishments with 15 or more locations must put a salt shaker icon beside menu items with 2,300 milligrams or more of sodium, along with a warning statement where customers order. The federal menu labeling rule, according to the FDA, requires calorie information from chains with 20 or more locations. Check the Health Department and the FDA for current thresholds.

What about Oregon, New Hampshire and Arizona?

No statewide restaurant allergy statute was found for Oregon, New Hampshire or Arizona. Do not assume that no rule exists. Ask your local health department, which enforces the food code, what allergen training or posting it expects. Some local jurisdictions set their own rules, and the food code adopted by your state may include requirements for a person in charge to know major allergens.

Which federal rules apply to restaurants?

Federal labeling law for the major allergens applies to packaged foods. If you sell packaged items, such as sauces, baked goods or snacks in retail packaging, label them with the major allergens, which now include sesame. For menu items served in the restaurant, the federal menu labeling rule covers calories for chains with 20 or more locations, according to the FDA, and independent restaurants are outside it. Even so, a good allergen process is worth building.

What does a safe allergen routine look like?

Whether or not a law requires it, a routine protects guests and your business:

• Keep an allergen matrix for every dish, listing the major allergens, and update it whenever a recipe or supplier changes.
• Train all staff, front and back of house, when they start and once a year.
• Ask every guest whether anyone in the party has a food allergy, in a friendly way.
• Use a clear ticket flag for allergy orders, and have one person check the plate at the pass.
• Prevent cross-contact with clean utensils, clean surfaces, separate fryer oil and fresh gloves.
• Never guess. If a server does not know, they ask the kitchen. If the kitchen cannot guarantee safety, say so.
• Know the emergency response, including calling 911, and keep staff trained on what to do.

How should you describe allergens on a menu?

List the main allergens next to each dish with a simple key, or offer a separate allergen guide. Avoid vague claims such as allergy-friendly or nut-free unless you can back them up, because a label creates an expectation and a legal risk. If your kitchen uses nuts or shared equipment, say so. Put the same information on your website and online ordering page, and make sure third-party platforms show it.

How do you handle a reaction?

Have a written plan. Staff should call 911 immediately for a serious reaction, help the guest use their own epinephrine device if they carry one, and stay with them until help arrives. Keep a record of what happened and what the guest ate, and keep the ingredient information. Review the incident afterwards with the team.

What should you do now?

Check your state and local health department's current rules. Create or update the allergen matrix. Train the team and document it. This guide is general information, not legal advice, and statutes change.

How do you keep the allergen matrix accurate?

Assign one person to own the matrix, and make a rule that no recipe, brand or supplier changes until that person has updated it. Ask your suppliers to send a notice when an ingredient changes, and check delivered products against the labels the first time you receive them. Date the matrix and keep the old versions, so you can show what you told guests on a given day.

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• Restaurant gift card laws in five states: what your business must follow

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