Reference · For restaurants · Updated September 2026
Restaurant food allergy laws by state
Seven states have restaurant food allergy laws. Most of them cover posters, menu notices and manager training. California's SB 68 is the first to require per-item allergen disclosure from large chains.
| State | Law | What it requires | Sources |
|---|---|---|---|
| California | SB 68 (effective July 1, 2026) | Restaurant chains with 20 or more locations must give written notice of the nine major allergens in each menu item. A digital format such as a QR code menu is allowed when a written alternative is available on request. | [1] [2] |
| Illinois | HB2510 (signed 2017) | Food service establishments must have at least one certified food service sanitation manager trained to nationally recognized standards for allergen safety and allergen awareness. | [1] |
| Maryland | HB0751 (effective March 1, 2016) | Restaurants must ask guests with known food allergies to tell the person taking their order before ordering. FARE also lists a food allergy awareness poster in the staff area. | [1] [2] |
| Massachusetts | Food Allergy Awareness Act (2009, the first state law) | A food allergy awareness poster in the staff area, a menu notice asking guests to tell their server about food allergies, and allergen training for certified food protection managers. | [1] |
| Michigan | Public Act 516 of 2014 (SB 730) | Certified food safety managers in most restaurants must complete training with an allergen awareness component. | [1] |
| Rhode Island | H7399 (2012) | A food allergy awareness poster in the staff area, a menu notice reminding guests to tell their server about allergies, and allergy training or materials for designated managers. The state also runs a Food Allergy Friendly designation. | [1] [2] |
| Virginia | HB2090 (2015) | Requires the Board of Health to include training standards that address food safety and food allergy awareness and safety. | [1] |
The federal picture
The FDA Food Code is a model code. States and counties adopt it on their own schedule. It expects the person in charge to know the major food allergens and how to avoid cross-contact, and the 2022 edition added written notification of major allergens for unpackaged food. The FDA released a 2026 edition on September 17, 2026, which includes an allergen cross-contact clarification; check with your health department for when your jurisdiction adopts it.
What this means on the floor
Whatever your state requires, the same three things carry the load at the table: staff who know where to find the answer, a menu that's current when a recipe changes, and a clear line to the kitchen when a guest mentions an allergy. Our front-of-house guide and cross-contact checklist cover both.
If you'd rather let guests filter the menu themselves, Can I Dine?™ publishes an allergy-aware QR menu you review before it goes live. See how the QR menu works.
Frequently asked questions
Which states have restaurant food allergy laws?
California, Illinois, Maryland, Massachusetts, Michigan, Rhode Island and Virginia have statewide laws aimed at restaurants. Most require staff-area posters, a menu notice or manager allergen training. California's SB 68 goes further and requires large chains to disclose the nine major allergens per menu item.
What does California SB 68 require?
From July 1, 2026, restaurant chains with 20 or more locations must give written notice of the nine major allergens in each menu item. A digital menu such as a QR code is allowed if a written alternative is available.
Does the FDA Food Code require allergen notification?
The FDA Food Code is a model code that states choose to adopt. It expects the person in charge to know the major food allergens and how to prevent cross-contact, and the 2022 edition added written notification of major allergens in unpackaged food. Check which edition your state or county has adopted.
What if my state has no restaurant allergy law?
Your local health department still enforces the Food Code edition your state adopted, and guests still expect clear answers. Many restaurants in states without a specific law train staff and publish allergen information anyway.
This page is a plain-English summary for general information, not legal advice. Laws change; confirm current requirements with your state or local health department.