Does SB 68 Require Cross-Contact Disclosures? Short Answer and What to Do

What SB 68 Says About Cross-Contact

California SB 68 applies to allergens contained in menu item ingredients. Cross-contact — the risk that an allergen may be present in a dish due to shared preparation surfaces, shared equipment, or shared fryer oil, even when that allergen is not an intentional ingredient — is not specifically referenced in the statute. There is no legal mandate under SB 68 to disclose cross-contact risk.

Why You Should Disclose It Anyway

Very few commercial kitchens can genuinely guarantee that any menu item is free from cross-contact with every major allergen. Shared cooking surfaces, shared utensils, and shared fryer oil create cross-contact risk for virtually every preparation in virtually every operation.

A restaurant that presents allergen information — accurately listing the allergens in ingredients — without any cross-contact disclaimer is implicitly representing to guests that the disclosed information is the complete picture of allergen risk. For a guest with a severe allergy who relies on that representation and has a reaction from cross-contact, the absence of a disclaimer creates significant liability exposure.

The recommended standard language: "Our kitchen handles all major allergens and we cannot guarantee that any item is free from cross-contact." This disclosure does not eliminate liability — but it provides honest notice to guests and demonstrates transparent allergen communication rather than misleadingly incomplete disclosure.

All Foodini-generated allergen menus include a cross-contact disclaimer by default.