Restaurant food labeling laws in 2025 require establishments to disclose major food allergens upon customer request, with increasing numbers of states mandating proactive allergen disclosure on menus and menu boards. These regulations stem from federal legislation protecting the estimated 32 million Americans living with food allergies, while state and local jurisdictions continue to layer additional requirements that vary significantly by location.
Navigating this evolving regulatory landscape has become increasingly complex for restaurant operators. What was once a federal baseline has expanded into a patchwork of state-specific mandates, menu labeling requirements, and disclosure obligations that carry substantial penalties for non-compliance.
Critical Warning: A violation that results in a customer's allergic reaction can lead to fines exceeding $250,000, civil litigation, criminal charges, and permanent closure.
Understanding your legal obligations isn't just about avoiding penalties—it's about protecting your customers, your staff, and your business's future. This article breaks down the federal and state regulations governing restaurant allergen compliance in 2025 and provides clear guidance on meeting these requirements.
Federal Allergen Labeling Requirements
The Food Allergen Labeling and Consumer Protection Act (FALCPA)
Enacted in 2004 and enforced by the FDA, FALCPA established the foundation for allergen labeling in the United States. While FALCPA primarily addresses packaged foods sold in retail settings, it significantly impacts restaurants through:
- Defining the "major food allergens" that account for 90% of food allergic reactions
- Establishing standards for allergen disclosure that many states adopted for restaurant-specific legislation
- Creating liability frameworks that courts reference in food allergy litigation
Under FALCPA, packaged foods must clearly identify major allergens in plain language on product labels. Restaurants serving packaged items (grab-and-go meals, bottled beverages, pre-packaged desserts) must ensure these items comply with FALCPA labeling standards.
The FASTER Act: Adding Sesame as the Ninth Major Allergen
On January 1, 2023, the FASTER Act (Food Allergy Safety, Treatment, Education, and Research Act) officially designated sesame as the ninth major food allergen requiring disclosure. This change significantly impacts restaurants because sesame appears in numerous common ingredients:
Common Sources of Sesame in Restaurants
- Bread and baked goods (sesame seeds on buns)
- Middle Eastern and Asian cuisine (tahini, hummus, sesame oil)
- Sauces and dressings
- Seasonings and spice blends
- Cross-contact from shared equipment
Compliance deadline: All restaurants must now track and disclose sesame as of January 1, 2023. Many establishments initially overlooked this requirement, but enforcement has intensified throughout 2024 and 2025.
FDA Menu Labeling Requirements
The FDA's menu labeling rule, implemented as part of the Affordable Care Act, requires restaurant chains with 20 or more locations to provide:
- Calorie information on menus and menu boards
- Written nutrition information (including allergens) available upon request
- Statements directing customers to request allergen information
These requirements apply to standard menu items but not to daily specials, temporary items, or custom orders. Critically, while chains must have allergen information available, they're not required to display it proactively unless state law mandates otherwise.
State-Level Allergen Disclosure Laws
The Expanding State Regulatory Landscape
As of 2025, thirteen states have enacted restaurant-specific allergen disclosure requirements that exceed federal standards:
States with Mandatory Menu Disclosure
Allergens must appear on printed or digital menus
- Massachusetts
- Rhode Island
- Maryland
- Michigan (as of July 2024)
States Requiring Information Availability
Must provide upon request with posted notice
- California
- New York
- Illinois
- Virginia
- Minnesota
- Pennsylvania
- Oregon
- Washington
- Colorado
California SB 68: A Model for State Legislation
California's SB 68, enacted in 2023, exemplifies the strictest state-level approach to restaurant allergen compliance. Key requirements include:
- Mandatory poster display: Restaurants must post conspicuous notices informing customers they can request allergen information
- Written allergen information: Upon request, establishments must provide documentation identifying which menu items contain major allergens
- Staff training requirements: Employees must receive training on allergen awareness and cross-contact prevention
- Penalties for non-compliance: Violations can result in fines of $500-$1,000 per incident, with subsequent violations reaching $5,000
- No exemption for small operations: Unlike some federal regulations, SB 68 applies to restaurants of all sizes
Massachusetts: The Strictest Standard
Massachusetts leads the nation in allergen disclosure requirements, mandating that restaurants:
- Display allergen information directly on menus using symbols, codes, or written descriptions
- Train all food handling staff on allergen awareness and cross-contact prevention (with annual recertification)
- Maintain documentation of staff training and allergen protocols
- Post allergen notices at entrances and order points
Enforcement Alert: Massachusetts enforcement is notably aggressive, with inspectors specifically checking allergen compliance during routine health inspections. Non-compliance can result in immediate violations, mandatory corrective action plans, and potential license suspension for repeated failures.
Compliance Requirements: What Restaurants Must Do
Creating an Allergen Information System
Regardless of your state's specific requirements, best practice compliance involves:
1. Comprehensive Ingredient Documentation
- List every ingredient in every menu item
- Track supplier allergen statements and "may contain" warnings
- Identify potential cross-contact points in your kitchen
2. Accurate Allergen Tagging
- Tag each menu item with applicable major allergens
- Use consistent symbols or coding systems
- Update tags immediately when recipes or suppliers change
3. Accessible Information Delivery
- Make allergen information available in multiple formats (digital, printed, staff knowledge)
- Ensure information is available in under 30 seconds when requested
- Provide information in languages appropriate for your customer base
4. Staff Training Protocols
- Train all customer-facing staff on allergen disclosure requirements
- Educate kitchen staff on cross-contact prevention
- Establish clear procedures for handling allergen inquiries
- Conduct refresher training at least annually
Documentation and Record-Keeping
Regulatory compliance requires documentation proving your due diligence:
Maintain records of:
- Ingredient specifications from suppliers
- Recipe formulations with allergen tags
- Staff training dates and materials
- Allergen incident reports and responses
- Menu updates and change logs
Retention period: Keep records for at least 2-3 years, longer in states with extended liability periods.
Penalties for Non-Compliance
Regulatory Fines and Sanctions
Non-compliance consequences vary by jurisdiction but typically include:
Federal Violations (FDA jurisdiction)
- Warning letters for first offenses
- Fines of $1,000-$10,000 per violation
- Mandatory corrective action plans
State Violations
- $250-$1,000 per violation for first offense
- $1,000-$5,000 for subsequent violations
- Temporary operating permit suspension
- Mandatory closure until compliance achieved
Civil Liability
When allergen disclosure failures result in customer harm, civil liability exposure increases dramatically:
- Medical expenses: $10,000-$50,000 for emergency treatment of severe reactions
- Compensatory damages: $25,000-$100,000 for pain, suffering, lost wages
- Punitive damages: In cases of gross negligence, punitive awards can reach $500,000-$1,000,000+
Most restaurant insurance policies cover basic liability but may exclude claims arising from intentional regulatory non-compliance or gross negligence.
Criminal Charges
In extreme cases where allergen disclosure failures result in death or serious bodily harm, criminal charges may include:
- Reckless endangerment
- Criminal negligence
- Involuntary manslaughter (in fatality cases)
These charges typically apply when restaurants knowingly provided false allergen information or operated with willful disregard for customer safety.
Looking Ahead: Regulatory Trends for 2025-2026
Emerging Requirements
Several regulatory trends are reshaping allergen compliance:
Digital-first disclosure: States are beginning to mandate that online ordering platforms and third-party delivery services display allergen information alongside menu items, not just make it available upon request.
Expanded allergen lists: Advocacy groups are pushing to add gluten, celery, mustard, and lupin to the major allergen list, following European Union standards.
Mandatory cross-contact protocols: Future regulations may require documented cross-contact prevention procedures, moving beyond simple disclosure to operational requirements.
Real-time updates: Some proposed legislation would require restaurants to update digital allergen information within 24 hours of recipe or supplier changes.
Conclusion: Compliance as Competitive Advantage
Restaurant allergen compliance in 2025 demands more than meeting minimum legal requirements—it requires building robust systems that protect customers while positioning your establishment as safety-conscious and trustworthy. The regulatory landscape will continue evolving, with states likely implementing stricter standards and enforcement intensifying.
Proactive compliance not only mitigates legal and financial risks but also builds customer loyalty in an increasingly health-conscious dining market. Restaurants that exceed minimum requirements, embrace transparency, and invest in comprehensive allergen management systems will thrive as regulatory expectations continue to rise.
Up Next: Discover how digital menu solutions enable seamless allergen disclosure while enhancing customer experience.
Read: Digital Menu Solutions for Allergen Awareness