US Restaurant Allergen Menu Laws 2026
California SB 68 now requires qualifying 20+ location chains to provide written Top 9 allergen notifications. Here is the official scope, permitted digital methods and the human review IAMenu cannot replace.
US Allergen Law: FALCPA, FASTER Act & the 2026 State Wave
The federal foundation is the Food Allergen Labeling and Consumer Protection Act (FALCPA, 2004), which requires packaged foods to declare the major allergens, and the FASTER Act (2021), which added sesame as the 9th major allergen effective January 1, 2023. Together they define the official "Top 9": milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Federal law does not force restaurants to print allergens on menus — the FDA Food Code treats restaurant allergen awareness as guidance adopted state by state.
California SB 68 took effect on July 1, 2026. It applies to qualifying food facilities associated with chains of 20 or more locations and requires written notification of major allergens the facility knows or reasonably should know are ingredients in each standard menu item. CDPH describes menu and alternative written methods, including digital and QR-linked allergen resources.
Other state and local requirements can involve training, notices or different food classifications. They are not interchangeable with SB 68. Verify each location against its current health-department guidance rather than using a generic nationwide checklist as legal advice.
Written information is useful only when it reflects the actual recipe, supplier labels and operating procedures. A digital menu can make the reviewed record easier to maintain; it cannot verify hidden ingredients, substitutions or cross-contact by itself.
The Top 9 Major Allergens (FALCPA + FASTER Act)
Federal categories used by California SB 68; every menu item still requires ingredient-level verification
Milk
Cow's milk, butter, cream, cheese, yogurt
Cream sauces, ranch dressing, mac & cheese, ice cream, pancakes, biscuits
Eggs
Chicken eggs and egg-derived ingredients
Mayonnaise, fresh pasta, meringue, breakfast dishes, batters, aioli
Fish
All finfish species (salmon, tuna, cod...)
Worcestershire sauce, Caesar dressing, fish sauce, surimi, certain stocks
Crustacean shellfish
Shrimp, crab, lobster, crawfish
Gumbo, jambalaya, bisques, seafood boils, po' boys, Asian sauces
Tree nuts
Almonds, walnuts, pecans, cashews, pistachios, macadamias
Pesto, pralines, pie crusts, granola, nut oils, marzipan
Peanuts
Peanuts, peanut butter, peanut oil
Satay, pad thai, certain candies and desserts, salad toppings, sauces
Wheat
Wheat flour and wheat-derived ingredients
Bread, pasta, fried batters, soy sauce, gravies, breading, tortillas
Soybeans
Soy, tofu, edamame, soy lecithin
Soy sauce, miso, teriyaki, vegetable oil blends, protein substitutes
Sesame
Sesame seeds, sesame oil, tahini
Burger buns, hummus, bagels, Asian dishes, dressings — 9th allergen since Jan 2023 (FASTER Act)
IAMenu can store additional EU-oriented categories, but category coverage is not proof that a US menu item is accurate or compliant. Map the actual recipe to the applicable US rule and keep a reviewed source record.
Enforcement and Liability: What You Risk
Regulatory exposure
- California SB 68: qualifying businesses should use the enacted law and current CDPH implementation guidance to understand enforcement and corrective action
- State and local rules: duties and enforcement differ by jurisdiction and food classification
- Incidents: preserve records and obtain qualified legal and insurance advice; this guide cannot predict civil liability
Business consequences
- Outdated information can mislead guests even when the original entry was correct
- Recipe and supplier substitutions require a new verification, not blind reuse of an old label
- Digital publishing reduces reprinting but does not update itself when source data changes
- Multi-location operators need an accountable review process for every participating location
US Allergen Compliance Checklist — 10 Steps
Identify the Top 9 major allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame) in every menu item
If SB 68 applies: review CDPH guidance and provide the required written notification using an allowed method for each standard menu item
Add sesame to your allergen matrix if it predates 2023 — it is the newest federal major allergen (FASTER Act)
Check the current health-department requirements for every state and locality where the restaurant operates
Train managers and front-of-house staff on the Top 9 and your state's requirements; keep training records
Document allergens per dish in writing — do not rely on staff memory during a rush
Update allergen information immediately whenever a recipe, supplier or substitution changes
Establish a kitchen protocol to reduce cross-contact (separate prep areas, utensils, fryers where possible)
Define an emergency protocol for allergic reactions: call 911, locate epinephrine if available, document the incident
Use a digital menu only as a maintained record: update source data and re-verify whenever recipes, suppliers or procedures change
How a QR Menu Can Support a Reviewed Record
Paper menus + manual tracking
- Every recipe or supplier change means reprinting menus — or serving outdated allergen info
- Staff memory fails during a Friday rush; a new hire doesn't know the aioli contains egg
- Sesame (newest allergen) hides in buns, bagels and dressings most matrices never listed
- Spanish-speaking or international guests can't read English-only allergen notes
- A 20-location chain must keep every printed menu synchronized — by hand
IAMenu digital menu + Super Chef AI
- CDPH permits qualifying written notification through digital and QR-linked formats
- AI can suggest likely categories, but a trained operator verifies every item
- Recipe changes can be edited once and then reviewed before the public menu updates
- Translations can be drafted from reviewed source information and checked before publishing
- Central records help chains coordinate changes without proving every location uses the same recipe
Frequently Asked Questions About US Allergen Menu Laws
Is allergen labeling required on restaurant menus in the US?+
There is no single federal rule requiring every restaurant to list allergens on every menu. Federal packaged-food labeling laws establish the Top 9, while restaurant requirements vary by state and locality. California SB 68 now requires qualifying food facilities associated with chains of 20 or more locations to provide written notification of major allergens in standard menu items. Check current official rules for every location.
What is California's new allergen menu law (SB 68)?+
From July 1, 2026, California SB 68 requires a qualifying food facility associated with a chain of 20 or more locations to provide written notification of major food allergens it knows or reasonably should know are ingredients in each standard menu item. CDPH permits notification on the menu or through specified alternative written methods, including a digital format or QR-linked allergen resource. Review CDPH exemptions and the enacted text for the exact scope.
What are the Top 9 major food allergens in the US?+
The Top 9 are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Sesame became the ninth major allergen for federal packaged-food labeling on January 1, 2023. IAMenu can record corresponding categories, but an EU-oriented category model does not automatically establish US legal compliance; the operator must map and verify the actual ingredients.
Does the FASTER Act apply to restaurants?+
The FASTER Act added sesame to federal packaged-food labeling requirements effective January 1, 2023. It did not by itself create a nationwide restaurant-menu labeling rule. California SB 68 references the federal definition for qualifying facilities, while other state and local obligations must be checked separately.
What happens if a customer has an allergic reaction at my restaurant?+
Treat the incident as a safety emergency and follow the restaurant's trained response protocol, including contacting emergency services where appropriate. Preserve recipe, supplier and staff records and obtain qualified legal or insurance advice for the specific incident. This page does not predict liability or quote a universal damages figure.
Which US states require allergen training or menu notices?+
Requirements differ and can include training, notices, packaged-food rules or menu disclosures. This guide does not maintain a universal state-by-state legal table. Use the relevant health department and enacted law for each location, and obtain professional advice where the classification or duty is unclear.
Do QR code and digital menus count for California compliance?+
CDPH lists digital notification, including a QR code linked to a digital menu or separate allergen resource, among permitted methods. The method still has to meet the law's presentation and scope requirements. A digital menu makes reviewed information easier to update, but it cannot know that a recipe or supplier changed unless the restaurant updates and verifies the source data.
How can IAMenu support a Top 9 review?+
IAMenu can suggest likely categories from the menu information provided and store reviewed allergen records with each item. Suggestions can be incomplete or wrong because a dish name is not a recipe and does not reveal supplier substitutions or cross-contact. A trained operator must verify every item against recipes, labels and kitchen procedures before publication.
How much does allergen compliance with IAMenu cost?+
IAMenu publishes €19, €39 and €69 monthly plans. Reviewable allergen suggestions are available across plans, subject to the current plan configuration. The 14-day Professional trial does not require a credit card. Subscription software does not replace compliance work or legal advice.
Official Sources and Resources
Related guides: ADA-accessible menus (lawsuit risk) · UK (Natasha's Law) · Canada · Australia & NZ (PEAL) · Worldwide allergen guide
The Allergen Menu Wave Started July 1, 2026
If SB 68 applies, start with the official CDPH guidance. IAMenu can help maintain a reviewable digital record, but your team remains responsible for recipes, supplier data, cross-contact and publication. 14-day Professional trial, no card.
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