Maryland's New Restaurant Allergen Disclosure Law Explained

Maryland is poised to significantly change how restaurants communicate food allergen information. Two companion bills — HB181 and HB105 — introduced during the 2026 Maryland legislative session would require all restaurants in the state to provide written disclosure of major food allergens for every menu item.

If enacted, the law would take effect on October 1, 2026, shifting Maryland away from voluntary or verbal allergen communication and toward standardized, proactive transparency.

For restaurant operators, this represents a substantial operational and compliance shift. For diners with food allergies, it marks a major improvement in safety, clarity, and independence when dining out.

What Are HB181 and HB105?

Maryland's "Tandem" Allergen Disclosure Bills

HB181 and HB105 are cross-filed companion bills, meaning they pursue the same policy goal while differing slightly in enforcement language. Lawmakers typically advance one version and allow it to absorb the other.

What the Maryland Law Would Require

Mandatory Written Allergen Disclosure

Under HB181/HB105, restaurants would be required to proactively disclose allergens in writing, rather than relying on verbal communication upon request.

Instead, allergen information must be:

• Clearly documented
• Accessible to customers without asking staff
• Kept accurate as recipes and ingredients change

Which Allergens Must Be Disclosed?

The Federally Recognized "Big 9" Allergens

The legislation requires disclosure of the nine major food allergens defined under 21 U.S.C. § 321, which account for approximately 90% of food-allergic reactions in the U.S.:

Any menu item containing one or more of these allergens as ingredients must clearly identify them through written or digital disclosure.

How Restaurants Can Comply

Printed Menus or Digital Disclosure (Including QR Codes)

The bills explicitly allow allergen information to be provided in digital formats, including QR codes, websites, or digital menus.

This flexibility is a critical operational detail. Restaurants may choose to:

• List allergens directly on printed menus, or
• Use QR codes or digital menus that display allergen information

Why Digital Menus Matter for Compliance

Digital disclosure offers clear advantages:

• Real-time updates when ingredients or suppliers change
• No reprinting costs for menu changes
• Centralized allergen management across locations
• Reduced risk of outdated or inconsistent information

For many restaurants, especially those with seasonal menus or frequent specials, digital menus are likely the most sustainable compliance solution.

Operational Impact on Restaurants

1. Full Ingredient & Recipe Audits

Restaurants will need to conduct a comprehensive audit of every menu item, including:

• Sauces, marinades, and dressings
• Garnishes and finishing ingredients
• Frying oils and prep components
• Supplier-provided items

2. Reduced Menu Flexibility

Under this law, chefs can no longer make undocumented adjustments:

• Adding nuts to a special
• Finishing a dish with butter instead of oil
• Substituting tahini or sesame oil without disclosure

Any allergen-affecting change must be reflected in the written or digital record before service.

3. A Shift in Legal Liability

The legislation also changes how liability is evaluated.

If an allergen is missing from the menu and a reaction occurs, liability may hinge on the documentation itself, not verbal conversations. This places greater importance on accurate, up-to-date allergen records.

4. Compliance Costs

Restaurants should expect:

• Upfront labor costs for allergen data collection
• Possible investment in menu or compliance software
• Ongoing administrative work to maintain accuracy

However, these costs are often offset by:

• Reduced printing expenses
• Fewer service interruptions
• Lower long-term liability exposure

What This Means for Consumers with Food Allergies

Increased Safety and Autonomy

For diners with food allergies, written disclosure removes the need to rely on:

• Staff availability
• Training consistency
• Memory or guesswork during busy service periods

Customers can independently review allergen information and make informed decisions.

Greater Trust in Restaurants

Written allergen disclosure is widely perceived as more reliable than verbal assurances. For many allergy-affected families, this trust directly influences where they choose to dine.

Maryland's Law in the National Context

Maryland's proposal reflects a broader national trend toward proactive allergen transparency, similar to recent legislation in California and other states.

Key themes emerging nationwide:

• Shifting responsibility from verbal communication to menus
• Aligning restaurant disclosure with packaged food labeling standards
• Recognizing digital menus as core compliance infrastructure

Maryland's inclusion of QR codes and digital formats signals that regulators increasingly view technology as part of the solution, not an obstacle.

Key Dates to Know

Frequently Asked Questions

The Bottom Line

Maryland's HB181 and HB105 would represent a major shift in restaurant allergen policy — moving from voluntary, verbal disclosure to mandatory, written transparency.

For restaurants, compliance will require careful ingredient tracking, disciplined menu management, and likely a move toward digital disclosure systems. For consumers, the law promises safer, more transparent dining experiences without the social friction of repeated allergen inquiries.