California’s food allergen labeling law to hit menus July 1
The nation’s first food service allergen label law is set to go into effect July 1, 2026, in California. The state law requires menus to display notifications or digital disclosures for the major food allergens in qualifying establishments with 20 or more locations.
By John Herlihy, PhD | Jun 29, 2026 2:49 PM EDT
Path to food service allergen labeling in California
- Food allergy management has become an increasing focus of both federal and state policymakers, as consumer demand for ingredient transparency has drawn attention to gaps in existing food labeling frameworks. The Food Allergen Labeling and Consumer Protection Act of 2004 and The Food Allergy Safety, Treatment, Education, and Research Act of 2021 require manufacturers of packaged foods regulated by the FDA to declare the presence of any of the nine major food allergens. However, they do not extend to food sold at restaurants or similar retail food establishments including delis, bakeries or cafeterias. These federal laws do not, however, cover retail-packaged or ready-to-eat foods.
- Some states have passed food service allergen awareness laws. Since 2008, some states have enacted laws requiring restaurant employees to be aware of potential food allergens. Laws vary but often require displaying food allergen awareness posters or training on allergens for senior employees. Illinois, Connecticut, Maryland, Massachusetts, Michigan, New Jersey and Rhode Island require some form of staff-facing signage. Illinois, Massachusetts, Rhode Island, Michigan, New Jersey and Virginia require some form of training for managers or supervisors at certain restaurants.
- California lawmakers went a step further. In January 2025, Sen. CAROLINE MENJIVAR (D) introduced SB68 which initially required food allergen disclosures on menus for all “restaurant-type food” that the FDA defines as “usually eaten on the premises, while walking away, or soon after arriving at another location.” This would have covered independent restaurants, food service establishments, grocery stores and others serving ready-to-eat foods. The California Restaurant Association, alongside consumer advocates Food Allergen Research and Education opposed the legislation, writing in a letter that the bill could “create a false sense of security” and would be a burden on restaurants. Lawmakers amended the bill to only apply to chain establishments with 20 or more locations by referencing federal nutrient content labeling requirements. The California legislature passed the bill with only one dissenting vote in the Assembly and unanimously in the Senate, and Gov. GAVIN NEWSOM (D) signed it into law on Oct. 13, 2025. The law is set to take effect on July 1, 2026.
- California SB68 refers to federal law that requires menu labeling of nutrient content. The Affordable Care Act mandates restaurants and similar retail food establishments with 20 or more locations label calories on their menus, although it does not specifically mention food allergens. The law specifies that the establishment must be “part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership of the locations) and offering for sale substantially the same menu items.” It excludes items not listed on the menu, “daily specials, temporary menu items appearing on the menu for less than 60 days per calendar year, or custom orders,” and “such other food that is part of a customary market test appearing on the menu for less than 90 days.” The FDA’s 2014 final rule promulgating the requirements states that the scope of covered establishments extends beyond restaurants to include grocery stores, superstores, and convenience stores, among others. The final rule also notest hat “mobile food operations such as food trucks without a fixed position or site are not covered by the rule.” The FDA defines menu in the rule to mean “primary writing of the covered establishment from which a customer makes an order selection,” and includes internet menus.
California’s food allergen labeling law
- Food facilities subject to federal disclosure provisions for nutrient content information on menus are also subject to California SB68. The new food allergen labeling law relies upon the federal definition of chain retail food establishments and menus to determine subjectivity.
- Regulated entities have two options to disclose allergens in food. The first requires written messages on the establishment’s food menu. For this disclosure method “the menu item shall be followed by a written statement below or immediately adjacent to the menu item indicating the major food allergens contained in the menu item.”
- The second disclosure option requires food allergen information displayed in a digital format, such as a quick response (QR) code that links to the food facility’s digital menu. The law requires establishments using the digital disclosure to provide an “alternative method” of disclosure if a consumer cannot access the digital disclosure. The law lists examples of satisfactory alternative methods, like a food allergen menu, chart grid or booklet, but notes the list is not exhaustive.
- Retail food establishments may write or depict food allergens when listing them on disclosures. The law states that disclosure of all major food allergens must be with the common or usual name of the allergen or “standardized pictograms to communicate the presence of major food allergens.”
- The law contemplates local monitoring and enforcement. The law states that enforcement may include “visual verification of allergen disclosure,” but permits “other reasonable methods of verification consistent with the intent of this section.”
- The law adds sesame as a major food allergen in the California Health and Safety Code. The list in the Health and Safety Code determines the food allergens that establishments must disclose was already established as a major food allergen on Jan. 1, 2023, after Congress passed the FASTER Act in 2021. SB68 will align California state law with the federal list of major food allergens.
Analysis: compliance and national trends
- Many food service establishments must comply with the law starting July 1, 2026. All food establishments subject to the law must be working to provide appropriate menu disclosures by the compliance date. The requirements impact more than chain restaurants as the broad definition of retail food establishments covers many grocery stores and other retailers selling ready-to-eat products. If an establishment is already labeling menus for the FDA nutrition labeling of standard menu items, then they will likely be required to label major food allergens in California.
- There are no “standardized pictograms” for the nine major foods. Neither the FDA nor the USDA prescribe specific pictograms or symbols to represent major food allergens. International bodies like Codex and the International Organization for Standardization do not maintain uniform symbols either. Some third-party organizations publish their own symbols, but often charge for licensing. The law does not clearly grant the California Department of Public Health the authority to promulgate rulemaking or guidance on how to provide uniform icons. In the absence of guidance from the department, regulated entities would presumably be allowed to use their own internally consistent symbols.
- Other states have been slow to follow California’s lead on food allergen labeling. California was the first state to enact a consumer-facing food service allergen disclosure law with SB68, but few others have initiated a similar policy. State legislators have introduced bills to require labeling of major food allergens in restaurants but none with the same provisions as SB68 have passed. Virginia enacted SB183 this year to require restaurants to clearly mark when a food for take-out or delivery has been altered or substituted for a food allergen or sensitivity, but former Gov. GLENN YOUNGKIN (R) vetoed a 2025 bill on staff-facing signage. New York enacted A6558A that requires major food allergen labeling of retail packaged foods, however it does not require labeling of menus. [Read AgencyIQ’s analysis of New York’s allergen labeling law.]
- It is unclear whether national chains will adopt uniform allergen labeling across states beyond California. It is also uncertain if national chains will begin to label food allergens more broadly. The large California market could sway some to adopt consistency nationwide. However, menu variation and digital formats have cost and complexity considerations that may hinder its broader applicability. Regulated entities need not worry about distribution issues leading to mislabeled products, as menus are tied to the location. AgencyIQ could not identify statements from national restaurant or grocery chains on the new requirements in California, although reporting from the Associated Press states that some chains already display major food allergen information on their menus.
Featuring previous research by Scarlett Salem (ssalem@agencyiq.com)
To contact the author of this item, please email John Herlihy (jherlihy@agencyiq.com)
To contact the editor of this item, please email Holland Johnson (hjohnson@agencyiq.com)