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Eating out with food allergies in the US: what the law covers
Mosey · November 11, 2026 · 5 min read

The US recognizes nine major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Federal law requires them to be named on packaged food labels, but there is no federal law requiring restaurants to tell you which allergens are in a dish they cook on site. So in a US restaurant, you have to ask, clearly and every time.
What are the nine major food allergens in the US?
The Food Allergen Labeling and Consumer Protection Act of 2004, known as FALCPA, named eight major food allergens: milk, eggs, fish, crustacean shellfish such as shrimp, crab and lobster, tree nuts, peanuts, wheat and soybeans. The FASTER Act, signed in April 2021, added sesame as the ninth, effective January 1, 2023. The Food and Drug Administration enforces these rules for most packaged foods.
If you are visiting from Europe, note that the US list is shorter than the 14 allergens European rules require businesses to declare. Celery, mustard, lupin, mollusks such as clams and squid, and sulfites are not on the US list of major allergens, so they are not singled out on US labels the same way. Ask about them specifically.
Do US restaurants have to label allergens?
Not under federal law. FALCPA applies to packaged foods, not to food prepared and served in a restaurant. The FDA Food Code, the model rulebook that states and cities use for restaurant food safety, calls for consumers to be told in writing about major allergens in unpackaged food. But the Food Code is a model: it only becomes law where a state or local government adopts that version of it, and adoption varies. Some cities and states have their own allergen rules, such as notices on menus or allergen training for staff. Check the rules where you are, and never assume a menu is complete.
How should you tell a restaurant about a food allergy?
Say it when you book, again when you sit down, and again when you order. Be specific: name the food, say it is an allergy rather than a preference, and say how serious it is. Ask the server to confirm with the kitchen rather than answering from memory. Useful questions:
- Does this dish contain the allergen, including in sauces, dressings, marinades or garnishes?
- Is it cooked in shared oil, on a shared grill or with shared utensils?
- Can the kitchen prepare it separately?
- Is there an allergen menu or ingredient list?
A chef card, a small written card listing your allergens, helps the message reach the kitchen intact, especially if English is not your first language.
Which dishes carry hidden allergens in the US?
- Peanuts and tree nuts: sauces, pesto, baked goods, some Asian dishes and many desserts.
- Sesame: buns and bagels, hummus, tahini dressings and many Asian and Middle Eastern dishes.
- Milk: butter finishes on steaks and vegetables, cream in soups and sauces.
- Eggs: batters, breading, mayonnaise-based sauces and dressings.
- Wheat: soy sauce, gravies, fried coatings and thickened soups.
- Shellfish: stocks, fried food cooked in shared fryers and some seasoning blends.
Shared fryers are a common risk: fries may be cooked in the same oil as breaded shrimp or fish.
How do you handle allergies at chains versus independent restaurants?
Large chains often publish allergen charts online, which makes planning easier, though cross-contact can still happen. At independent restaurants, menus change and information is rarely published, but you can often talk directly to the chef. In both cases, the conversation with your server matters more than any chart.
How do you read a US food label for allergens?
For packaged food, such as snacks, sauces sold at a counter or a grab-and-go sandwich, US law requires each major allergen to be named, either in the ingredient list or in a separate "Contains" statement under it, for example "Contains: milk, wheat, sesame." Tree nuts, fish and shellfish must be named by type, such as almonds, cod or shrimp. Statements such as "may contain" or "made in a facility that also processes" are voluntary in the US, so their absence does not mean a product is free of cross-contact. If you react to trace amounts, contact the maker or choose products with a clear allergen-free claim.
What should you carry when eating out?
If you have a prescribed epinephrine auto-injector, carry it, and carry two if your doctor advises it. Know the emergency number in the US, which is 911. Keep your allergy information on your phone and on a card. If you are traveling from abroad, check that your travel insurance covers allergic reactions, since emergency care in the US can be expensive.
How can you find allergy-friendly places in the US?
Look for restaurants that have an allergen menu, ask detailed questions without hesitation and clearly separate preparation. Reviews that mention specific dishes are more useful than general star ratings, because they tell you what someone actually ate. On Mosey you can rate the places you ate at and the dishes you ordered, with photos, and keep a list of places that handled your allergy well, so friends with the same allergy know where to start.
More guides to read next:
- How much to tip in the US: restaurants, bars, cafés and delivery
- How to tell a good restaurant from a tourist trap in the US
- How restaurant reservations, deposits and cancellation fees work in the US
More in the US food guides and the ranked lists of places.
Questions
Common questions
What are the nine major food allergens in the US?
Milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Sesame was added by the FASTER Act, effective January 1, 2023.
Do US restaurants have to tell you about allergens?
There is no federal law requiring it for food made on site. Some states and cities have their own rules, so always ask your server and the kitchen.
Does FALCPA apply to restaurant food?
No. FALCPA covers packaged foods. Restaurant food is covered by state and local food codes, which vary.
Are mustard and celery major allergens in the US?
No. They are among the 14 allergens declared in Europe, but not among the nine US major allergens, so ask about them directly.
What should I say when ordering with an allergy?
Name the food, say it is an allergy and how serious it is, and ask the server to confirm with the kitchen, including sauces, shared fryers and shared surfaces.
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