Massachusetts food allergen awareness rules for restaurants

Massachusetts has had a food allergy awareness law for restaurants since the early 2010s, and it now sits within the state's food code, 105 CMR 590. For a restaurant owner, it means a poster, a menu notice, trained people on every shift and a clear way to answer a guest who says "I have an allergy". This guide, checked in October 2026, summarizes the requirements. It is general information and not legal advice. Section numbers have shifted between versions of the code, so read the Department of Public Health's current guidance in full.

Which businesses are covered?

The rules apply to food establishments that serve food to the public, including restaurants, cafes, bars that serve food and caterers. The code lists some exemptions for schools, child care programs and institutional food service under specific conditions. If you are unsure whether your business is covered, ask your local board of health, which enforces the code through inspections.

What must you display?

The Department of Public Health's guidance says an establishment must display the state-approved allergen awareness poster and must carry a notice on menus advising customers to tell the server about any food allergies. Check the current guidance for the exact wording and any rules on placement, and make sure printed menus, online menus and boards all carry the notice. A takeout menu that omits it is a common gap.

Who has to be trained?

The state's guidance says each establishment must have a certified food protection manager who has allergen awareness training. The person in charge also has to be trained, so plan cover for every shift. The Department of Public Health's allergen awareness guidance says the allergen awareness certification for the certified food protection manager is valid for five years. The state has been changing how it approves allergen awareness training for retail food employees, so check that the course you use is on the current approved list. Train new hires on their first shift, and keep a record of who has completed it.

What are the major allergens?

Use the list of major food allergens in the state's current guidance and make sure it matches the federal list. Federal law has added sesame to that list, and it is often forgotten: it appears in breads, dressings, spice blends and oils. Make sure your recipes, allergen charts and staff training cover every allergen on the list.

How should your staff respond to a guest with an allergy?

Make it a simple process. The server records the allergy and tells the kitchen, the chef or manager checks the dish and the ingredients, and a separate set of tools and a clean surface are used. The person who carries the plate confirms the allergy at the table. Never guess. If you cannot be sure, tell the guest. Keep recipe cards and supplier labels so you can check what is in a sauce or a spice mix.

How do you prepare for an inspection?

An inspector from the board of health may ask to see the poster, the menu notice, the certified manager's certificate and proof of allergen training. Boston businesses can also check the city's page on food allergen certification. They may ask staff what they would do if a guest reported an allergy. Keep copies of the certificates in a folder, post the poster where it is visible, and brief staff before a busy service. Failing to comply can lead to a violation on your inspection report, which is public.

What about labeling and gluten-free claims?

Massachusetts rules concern allergens, not the term gluten-free. If you use the term on a menu, be certain that you can support it, including cross-contact, because a wrong claim can cause real harm and legal exposure. A safer line is to state what the dish contains and what your kitchen handles.

A simple allergy protocol for a busy service

Write a one-page protocol and post it by the pass. When a guest mentions an allergy, the server writes it on the ticket in a standard way, such as a red ticket or a marked line, and tells the expediter. The chef reads the ticket, checks the ingredients, and either approves, modifies or declines the dish. The cook washes hands, changes gloves, and uses clean pans, boards and utensils. The plate is delivered by the person who took the order, who repeats the allergy to the guest. Run the protocol in a drill once a month, using a fictional ticket, so that new staff learn it before they face a real case.

Recipes, suppliers and labels

Keep a binder or a spreadsheet that lists every recipe and its allergens, and update it whenever a supplier changes a product. Read labels on arrival, because manufacturers reformulate. Keep original packaging for sauces, mixes and breads long enough to check. If you make a house sauce with a spice blend, check what is in the blend. Sesame, soy and wheat appear in places that surprise people, such as veggie burgers and dressings. When you change a recipe, update the chart on the same day.

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• Massachusetts gift card law for restaurants: the seven-year rule
• Massachusetts junk fee rules for restaurant service charges and surcharges

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