SB68 California’s Restaurant Allergen Disclosure Mandates

As of July 1, 2026, California is the first state in the United States to mandate that large restaurant chains disclose major food allergens directly on their menus. The law imposes concrete, menu-level disclosure obligations on thousands of chain food facilities operating in California, building upon — and significantly expanding — an existing federal framework that previously governed only packaged food labeling and general nutritional information at restaurants.¹

For restaurant operators, franchisors, and franchisees, SB 68 represents a significant new compliance obligation with real enforcement risk. 

I. The Federal Foundation: FALCPA and the FASTER Act

A. The Food Allergen Labeling and Consumer Protection Act of 2004

The federal statute governing food allergen disclosure is the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA).² FALCPA amended the Federal Food, Drug, and Cosmetic Act (FDCA) by adding a new section 403(w) to 21 U.S.C. § 343, which establishes labeling requirements for “major food allergens” present in packaged foods.

FALCPA provides that a food is misbranded unless the label states the name of the food source from which each major food allergen is derived — either in parentheses following the common or usual name of the ingredient in the ingredient list, or in a “Contains” statement immediately after or adjacent to the ingredient list.³ FALCPA originally identified eight major food allergens:

1. Milk
2. Eggs
3. Fish (e.g., bass, flounder, cod)
4. Crustacean shellfish (e.g., crab, lobster, shrimp)
5. Tree nuts (e.g., almonds, walnuts, pecans)
6. Peanuts
7. Wheat
8. Soybeans⁴⁵

Crucially, FALCPA’s labeling requirements apply only to packaged foods regulated under the FDCA and not to restaurant meals served and prepared on-premises. As the CDPH notes on its Controlling Food Allergens resource page, FALCPA requires food manufacturers to clearly identify allergen sources on packaged product labels; it does not itself impose menu disclosure obligations on food service establishments.⁶ This gap in law is what SB 68 now addresses at the state level in California for covered restaurant chains.

B. The FASTER Act of 2021: Sesame Becomes the Ninth Major Allergen

Congress expanded the federal major allergen list through the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act) that designated sesame as the ninth major food allergen under federal law, effective January 1, 2023.⁷ As a result, packaged foods and dietary supplements containing sesame must declare it as an allergen on their labels in the same manner required by FALCPA for the original eight allergens.⁸

Echoing FALCPA and the FASTER, California similarly identifies all nine major food allergens as subject to the restaurant menu disclosures required under SB 68.⁹

C. Federal Menu Labeling: 21 U.S.C. § 343(q)(5)(H) and 21 C.F.R. § 101.11

While FALCPA governs packaged food labeling, a separate federal provision governs other nutritional disclosures at covered restaurants. Section 343(q)(5)(H) of Title 21 of the United States Code — implemented through the FDA’s menu labeling final rule published December 1, 2014, and codified at 21 C.F.R. § 101.11 — requires restaurants and similar retail food establishments that are part of a chain with 20 or more locations, doing business under the same name and offering for sale substantially the same menu items, to disclose calorie counts and other nutritional information for standard menu items on menus and menu boards.¹⁰

As of May 7, 2018, the federal menu labeling rule requires covered establishments to disclose the number of calories in standard menu items on menus and menu boards, and to provide on request written nutrition information for standard menu items including total calories, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, sugars, fiber, and protein.¹¹

While the federal menu labeling rule does not require disclosure of allergens, its 20-location-or-more jurisdictional threshold of 21 U.S.C. § 343(q)(5)(H) serves as the definitional hook that SB 68 uses to identify which California food facilities are subject to the new state allergen disclosure mandate. However, the content of California’s new allergen disclosure requirement is entirely a California state-law creation.¹²

II. California’s Response: Senate Bill 68 — The Allergen Disclosure for Dining Experiences Act

A. Scope of Coverage: Which Food Facilities Are Covered?

As noted, SB 68 applies to any food facility that is subject to the federal menu labeling requirements of 21 U.S.C. § 343(q)(5)(H), i.e., any food facility that is part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items, with at least one of those locations in California.¹³

The law covers major national and regional chain restaurants, fast-casual chains, quick-service restaurants, and any other multi-unit food facility concepts meeting the 20-location threshold, including franchised systems, where both the franchisor and franchisee operators fall within the law’s reach.¹⁴ Independent, single-location restaurants are outside the scope of SB 68 for now, though the law’s threshold may be subject to future expansion.

B. The Nine Major Allergens: California Health and Safety Code § 113820.5

The California Retail Food Code’s definition of “major food allergen,” lists nine foods and categories:

1. Milk
2. Eggs
3. Fish, including but not limited to bass, flounder, and cod
4. Crustacean shellfish, including but not limited to crab, lobster, and shrimp
5. Tree nuts, including but not limited to almonds, pecans, and walnuts
6. Wheat
7. Peanuts
8. Soybeans
9. Sesame¹⁵

It also encompasses any food ingredient that contains protein derived from any of the foregoing nine foods.¹⁶ The same exemptions as under federal law apply: highly refined oils derived from these foods and ingredients exempted through the FALCPA petition and notification process are excluded from the definition.¹⁷

D. The Core Disclosure Obligation: Health and Safety Code § 114093.5

Health and Safety Code section 114093.5 provides that a covered food facility “shall provide written notification of major food allergens that the food facility knows or reasonably should know are contained as ingredients in each menu item.”¹⁸

1. Written Notification — The Elimination of Verbal Disclosure
The statute requires that allergen information be conveyed in written form and visible to the customer at the point of ordering, without requiring the customer to request a separate document or ask staff for assistance. Verbal disclosure by servers upon customer request alone, even if accurate and comprehensive, does not satisfy the statute’s requirements.

2. Per-Item Disclosure — No Blanket Disclaimers
The statute also requires disclosure “in each menu item.” Every dish that contains a covered allergen must have its own specific allergen disclosure, so restaurant with sixty menu items must have sixty individual allergen disclosures, one per dish.¹⁹ A generalized disclaimer appearing at the front or back of a menu — such as “Our kitchen uses peanuts, wheat, and dairy” — does not satisfy the requirement.

3. The Knowledge Standard
The statute adopts a “knows or reasonably should know” standard for determining what allergens must be disclosed. This standard extends beyond a facility’s intentional recipe ingredients to potentially encompasses cross-contact scenarios where shared cooking equipment introduces allergen proteins from one food into another. 

E. Permitted Disclosure Formats: Two Pathways

Health and Safety Code section 114093.5 provides covered food facilities with two permissible disclosure formats:

Pathway 1 — Direct On-Menu Disclosure. The food facility may include allergen information directly on the menu, with a written statement appearing below or immediately adjacent to each menu item indicating which major food allergens the item contains.¹⁹ Under this format, the disclosure must appear on the face of every physical menu, menu board, app menu, website menu, and ordering kiosk.

Pathway 2 — Digital Format with Non-Digital Alternative. The food facility may provide allergen information in a digital format, including but not limited to a quick response (QR) code that links to the facility’s digital menu.²⁰ However, if a facility elects the digital option, it must also provide an alternative method to deliver the information to customers who cannot access the digital format. Acceptable “alternative methods” include:

• A separate allergen-specific menu;
• An allergen chart;
• An allergen grid;
• An allergen booklet; or
• Other written materials.²¹

Of note is that this two-pathway framework extends across all ordering channels — physical in-dining menus, menu boards, online ordering pages, mobile applications, third-party delivery platforms (e.g., DoorDash, Uber Eats, Grubhub), and in-store kiosks. Each ordering channel through which a customer can place a covered order independently must carry compliant allergen disclosure information.

Further, the statute provides that facilities may identify allergens using either: (1) the common or usual names of the major food allergens; or (2) standardized pictograms to communicate the presence of major food allergens, provided that the symbol legend is visible at the ordering point.²²

F. Exemptions

SB 68 carves out four particularly notable categories of exemption from the disclosure mandate:

1. Prepackaged foods already subject to federal allergen labeling requirements under 21 U.S.C. § 343 are exempt — as such foods are governed by FALCPA and the FASTER Act’s packaged-food labeling rules.²³
2. Compact mobile food operations, as defined in Health and Safety Code section 113831, are exempt.²⁴
3. Nonpermanent food facilities, as defined in Health and Safety Code section 113839, are exempt.²⁵
4. Non-standard menu items, such as daily or seasonal specials, if these are offered ” 60 or fewer days per year. 

III. Enforcement Framework

A. California Department of Public Health (CDPH)

SB 68 will be enforced by the California Department of Public Health (CDPH), through its Division of Food and Drug Safety, and by local county environmental health agencies operating under the California Retail Food Code.²⁶ Section 114093.5(c) provides that enforcement agencies may verify compliance through:

• Visual verification: An enforcement officer may confirm that required allergen statements are displayed on printed menus, digital menus, or the alternative methods specified in the statute.²⁷
• Other reasonable methods of verification consistent with the intent of the section.²⁸

The CDPH’s existing retail food inspection infrastructure will now incorporate SB 68 compliance checks into its periodic food facility inspections. 

B. Criminal Penalties & Civil Litigation Risk

Violations of SB 68’s disclosure provisions are classified as a misdemeanor under California law. Beyond regulatory enforcement, SB 68 creates substantial private litigation exposure for non-compliant restaurants under its “knows or reasonably should know” standard.

IV. Evolving State-Level Legislative Activity On Allergens

California’s SB 68 — the Allergen Disclosure for Dining Experiences Act — represents the most significant development in food allergen regulation for the restaurant industry since the enactment of FALCPA in 2004, positioning the state as a potential template for broader national allergen disclosure reform as legislative activity in other states suggests California’s model is gaining traction nationally. 

Indeed, New York enacted legislation requiring allergen labeling on prepackaged foods prepared and sold on food establishment premises, with a compliance deadline of November 2026. ²⁹ Lawmakers in Maryland, Michigan, and New Jersey have advanced similar proposals that would extend allergen disclosure requirements to a broader range of food service establishments, with Maryland’s proposed legislation potentially carrying civil penalties of up to $5,000 per day and misdemeanor criminal charges.

V. Compliance Considerations and Best Practices for Covered Facilities in California

Covered food facilities in California should integrate SB 68 compliance into existing food safety and risk management programs and align menu transparency practices with both California and federal law. Some best practices to consider include:

1. Comprehensive Ingredient Auditing. Document every menu item’s ingredients and allergen content across the full menu, including allergens contained in purchased component ingredients such as pre-made sauces, spice blends, dressings, and other prepared inputs.
2. Supplier Coordination. Maintain current, verified ingredient specifications from suppliers to support the “knows or reasonably should know” disclosure standard. Supplier ingredient data should be incorporated into a regularly updated internal allergen database.
3. Multi-Channel Menu Updates. Allergen disclosures must appear on every ordering channel through which consumers can place a covered order — not only on printed in-dining menus. This includes the restaurant’s website, mobile application, third-party delivery platform listings (DoorDash, Uber Eats, Grubhub), in-store ordering kiosks, and any chalkboard, tabletop, or digital specials boards.
4. Format Selection and Accessibility. Select a disclosure format — or combination of formats — that is visible at the ordering point. Font size, color contrast, and placement relative to individual menu items will be assessed by inspectors. Digital accessibility accommodations (such as screen reader compatibility for online menus) should also be considered.
5. Cross-Contact Disclaimer. While SB 68 does not expressly require a cross-contact warning, consider including a supplementary disclaimer regarding potential cross-contact with non-ingredient allergens to inform customers of potential cross-contamination of allergens.
6. Staff Training. Train front-of-house and management staff on the allergen disclosure system, including how to direct guests to written allergen information and how to respond when a guest raises an allergy concern.
7. Change Management Protocols. Establish processes for tracking menu changes and supplier updates so that allergen data remains current. Handwritten “daily” specials, seasonal inserts, limited-time offers – if offered more than 60 total days per year – as well as children’s menus all require the same allergen disclosure compliance.
8. Recordkeeping. Maintain clear records of allergen data, menu changes, and staff allergen-related communications to demonstrate compliance and mitigate litigation exposure. 

Footnotes

1 Cal. Health & Safety Code § 114093.5 (West 2026) (effective July 1, 2026).

2 Food Allergen Labeling and Consumer Protection Act of 2004, Pub. L. No. 108-282, tit. II, 118 Stat. 905 (2004), available at https://www.fda.gov/food/food-allergensgluten-free-guidance-documents-regulatory-information/food-allergen-labeling-and-consumer-protection-act-2004-falcpa [hereinafter FALCPA] .

3 21 U.S.C. § 343(w)(1); FALCPA § 203.

4 21 U.S.C. § 321(qq)(1); Cal. Dep’t of Pub. Health, Controlling Food Allergens, supra note 3 (listing the eight foods originally identified by FALCPA).

5 Highly refined oils derived from any of the foregoing foods, and any ingredients derived from such oils, are excluded from the definition of “major food allergen,” as are ingredients that have been exempted through the FALCPA petition or notification process upon a scientific showing that the ingredient does not cause an allergic response that poses a risk to human health. 21 U.S.C. § 321(qq)(2); Cal. Health & Safety Code § 113820.5(b) (West 2026).

6 Cal. Dep’t of Pub. Health, Controlling Food Allergens, supra note 3.

7 U.S. Food and Drug Administration, The FASTER Act: Sesame Is the Ninth Major Food Allergen, https://www.fda.gov/food/food-allergies/faster-act-sesame-ninth-major-food-allergen (last visited July 30, 2026).

8  Id.

9 Cal. Health & Safety Code § 113820.5(a)(9) (West 2026) (amended by Stats. 2025, ch. 741, § 1 (SB 68), effective Jan. 1, 2026).

10 21 U.S.C. § 343(q)(5)(H); 21 C.F.R. § 101.11 (2024); U.S. Food and Drug Administration, Menu Labeling Requirements, https://www.fda.gov/food/nutrition-food-labeling-and-critical-foods/menu-labeling-requirements (last visited July 30, 2026); Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, 79 Fed. Reg. 71,156 (Dec. 1, 2014) (final rule).

11 U.S. Food and Drug Administration, Menu Labeling Requirements, supra note 10.

12 Cal. Health & Safety Code § 114093.5(a) (West 2026) (“a food facility that is subject to Section 343(q)(5)(H) of Title 21 of the United States Code . . . shall provide written notification of major food allergens”).

13 Cal. Health & Safety Code § 114093.5(a) (West 2026); see 21 U.S.C. § 343(q)(5)(H).

14 Fisher Phillips LLP, supra note 30 (“SB 68 will impact franchisors and franchisees that are part of a system doing business in California.”).

15 Cal. Health & Safety Code § 113820.5(a)(1)–(9) (West 2026).

16 Cal. Health & Safety Code § 113820.5(a)(10) (West 2026).

17 Cal. Health & Safety Code § 113820.5(b)(1)–(2) (West 2026).

18 Cal. Health & Safety Code § 114093.5(a) (West 2026).

19 Cal. Health & Safety Code § 114093.5(a)(1) (West 2026).

20 Cal. Health & Safety Code § 114093.5(a)(2)(A) (West 2026).

21 Cal. Health & Safety Code § 114093.5(a)(2)(B)(i)–(v) (West 2026).

22 Cal. Health & Safety Code § 114093.5(b)(1)–(2) (West 2026).

23 Cal. Health & Safety Code § 114093.5(e) (West 2026).

24 Cal. Health & Safety Code § 114093.5(f) (West 2026); see Cal. Health & Safety Code § 113831 (defining “compact mobile food operation”).

25 Cal. Health & Safety Code § 114093.5(f) (West 2026); see Cal. Health & Safety Code § 113839 (defining “nonpermanent food facility”).

26 Cal. Dep’t of Pub. Health, Retail Food Program, https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/RetailFoodProgram.aspx.

27 Cal. Health & Safety Code § 114093.5(c)(1) (West 2026).

28 Cal. Health & Safety Code § 114093.5(c)(2) (West 2026).

29 Assembly Bill A6558A (2025). Retrieved from https://www.nysenate.gov/legislation/bills/2025/A6558/amendment/A.

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