Which US States Have Allergen Menu Labeling Laws? A State-by-State Overview

California was the first US state to require allergen disclosure on restaurant menus — but it is not the last. Foodini CEO Dylan McDonnell maps the current US allergen labeling landscape and the legislative momentum that makes multi-state compliance planning essential.

California: SB 68 (Effective July 1, 2026)

California's SB 68, the Allergen Disclosure and Dining Equity Act, is the most comprehensive US restaurant allergen law to date. It applies to chains with 20 or more locations nationwide where at least one is in California, and requires the nine major allergens to be disclosed on all physical and digital menus. Effective July 1, 2026.

New York: A6558A (Effective November 2026)

New York's Assembly Bill A6558A, signed by Governor Hochul in November 2025, takes a different approach. Rather than targeting chain menus, it applies to all food establishments in New York state — regardless of chain size — that prepackage food for sale on the premises. Any food prepared on-site and packaged before a customer orders (grab-and-go cases, display cases, wrapped deli items) must carry an allergen label for the nine major allergens. Food made fresh to order is not covered by A6558A. Effective November 1, 2026.

Virginia: SB 183 (Effective July 1, 2026)

Virginia's SB 183 addresses a specific gap: the moment food leaves the kitchen for delivery or carry-out. When a customer flags an allergy on a delivery or carry-out order, Virginia now requires that the packaging be visually marked to identify it as an allergy order. Notably, Virginia's law includes gluten as a covered allergen, making it the first US jurisdiction to mandate gluten disclosure at the restaurant level. Effective July 1, 2026.

Six More States Drafting Allergen Menu Labeling Laws

As of May 2026, six additional states have actioned or begun actioning SB 68-style legislation. Dylan's assessment: within months, several states will have allergen menu labeling requirements, and within two to three years it is likely that either a federal standard or the majority of US states will require some form of restaurant allergen disclosure. Europe has had mandatory menu allergen labeling — covering 14 allergens — as standard practice for over a decade.

For multi-location operators, the compliance architecture built for SB 68 now is the foundation for everything that follows. Operators who build a centralised, accurate allergen data system in 2026 can apply it to each new compliance surface as it emerges, rather than rebuilding from scratch for every new state law.