California restaurant chains faced a permanent overhaul to their menus this week, as a first-in-the-nation law requiring major food allergen disclosures took effect Tuesday.
Under California’s Senate Bill 68, food facilities subject to the federal menu-labeling law — generally chain restaurants with 20 or more locations operating under the same name — must provide written notification of major food allergens that they know, or reasonably should know, are contained in each menu item, according to the California Department of Public Health.
The requirement applies to the nation’s nine major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame.
Restaurants may comply by listing allergens directly on printed menus or by providing the information digitally, including through a QR code linked to an online menu. Businesses that choose the digital option must also offer a written alternative for customers who cannot access the information electronically, such as an allergen-specific menu, chart, grid or booklet, according to the California Restaurant Association.
The law applies to restaurant chains already covered by the federal menu-labeling requirements, while compact mobile food facilities, nonpermanent food facilities and certain limited-time menu specials are exempt.
The trade group said the requirements extend beyond traditional printed menus, mandating allergen disclosures across customer-facing ordering platforms, including menu boards, drive-thru boards, kiosks, websites, mobile apps and online ordering platforms.
State Sen. Caroline Menjivar, a Democrat who authored the legislation, said the measure was inspired in part by her own experiences living with severe food allergies and aims to make dining out safer for millions of Californians.
“California will once again lead the nation by becoming the first state to mandate allergens be listed on menus for food facilities with 20 locations and above,” Ms. Menjivar said in a statement after Gov. Gavin Newsom signed the bill into law in October.
Ms. Menjivar also argued the law could benefit restaurants by giving families managing food allergies greater confidence when dining out, saying such businesses “will be able to offer allergen families a unique additional assurance that will drive customers to their establishments.”
According to Ms. Menjivar’s office, nearly 4 million Californians have food allergies, which her office and advocacy groups have described as a potentially life-threatening condition, while the Centers for Disease Control and Prevention estimates food allergies affect nearly 8% of U.S. children.
The Asthma and Allergy Foundation of America co-sponsored the legislation. AAFA CEO Kenneth Mendez called the measure “a win-win for California families and restaurants,” saying it “promotes improved public health by creating a climate that will help reduce the incidence of food allergy reactions and promote food allergen disclosure.”
California officials said the law makes the state the first in the nation to require large restaurant chains to disclose allergens on menus. Supporters noted that the European Union has required restaurant allergen labeling since 2014, while no comparable nationwide requirement currently exists in the United States.
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