SB68, officially known as the Allergen Disclosure for Dining Experiences Act (ADDE), is California's groundbreaking legislation requiring restaurant chains with 20 or more locations to disclose major food allergens on their menus starting July 1, 2026. California became the first state in the nation to mandate this level of allergen transparency when Governor Gavin Newsom signed the bill into law on October 13, 2025.
This landmark legislation represents a major shift in how restaurants communicate allergen information to diners, bringing restaurant menus closer to the labeling standards that packaged foods have followed for decades.
Who Does SB68 Apply To?
Restaurant Chains with 20+ Locations
SB68 applies specifically to food facilities that are already subject to federal menu labeling requirements—namely, restaurant chains operating 20 or more locations nationwide under the same name and offering substantially the same menu items. This means:
- National and regional chains operating across multiple states
- Large California-based chains with 20+ locations
- Quick-service restaurants meeting the location threshold
- Fast-casual and full-service chains of sufficient size
The 20-location threshold aligns with existing federal menu labeling regulations under the Food, Drug, and Cosmetic Act, creating consistency in which establishments must comply.
Who Is Exempt?
SB68 specifically exempts compact mobile food operations, nonpermanent food facilities, and prepackaged foods already covered by federal allergen labeling requirements. This means the following are not required to comply:
- Food trucks and mobile vendors
- Pop-up restaurants and temporary food facilities
- Independent restaurants with fewer than 20 locations
- Prepackaged foods with existing federal labels
- Farmers markets and seasonal vendors
The Nine Major Allergens SB68 Requires
Under SB68, restaurants must disclose all nine federally recognized major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. These allergens, often called the "Big 9," account for approximately 90% of all food allergic reactions in the United States.
The allergen list includes:
- Milk (including butter, cheese, cream, yogurt)
- Eggs (in all forms)
- Fish (bass, flounder, cod, etc.)
- Shellfish (crab, lobster, shrimp, etc.)
- Tree nuts (almonds, walnuts, pecans, etc.)
- Peanuts
- Wheat (including all wheat varieties)
- Soybeans (soy)
- Sesame (recently added to federal allergen list in 2023)
Restaurants must disclose allergens they "know or reasonably should know" are contained as ingredients in each menu item, including any food ingredient containing protein derived from these major allergens.
How Must Restaurants Display Allergen Information?
Two Compliant Disclosure Methods
SB68 offers flexibility in how restaurants provide allergen information, allowing either direct menu labeling or digital disclosure with printed alternatives.
Option 1: Direct Menu Labeling
- Allergens listed directly below or immediately adjacent to each menu item
- Must use common names for allergens (not scientific terminology)
- Should be clearly readable and not hidden in fine print
Option 2: Digital Disclosure
- QR codes linking to digital allergen menus
- Websites or apps with searchable allergen databases
- Critical requirement: Must also provide alternative printed materials (separate menu, allergen chart, grid, or booklet) for customers unable to access digital formats
This dual-format requirement ensures accessibility for all diners, including older adults, those without smartphones, and individuals with disabilities.
Timeline: When Does SB68 Take Effect?
Key Dates to Remember
| Date | Milestone |
|---|---|
| 2024-2025 | Bill introduction and legislative process |
| October 13, 2025 | Governor Newsom signs SB68 into law |
| November 2025 - June 2026 | Compliance preparation period (8 months) |
| July 1, 2026 | SB68 becomes enforceable |
Restaurant chains have until July 1, 2026, to implement full allergen disclosure on their menus. This eight-month window allows time for:
- Menu redesign and reprinting
- Staff training on allergen protocols
- Supplier verification processes
- Technology system updates
- Emergency response procedure development
Penalties for Non-Compliance
Understanding the Consequences
Violations of SB68 fall under the California Retail Food Code, which classifies violations as misdemeanors. Under California Health and Safety Code Section 114395, penalties for violations range from fines per offense and/or imprisonment in county jail for up to six months.
Enforcement will be managed by the California Department of Public Health (CDPH) in cooperation with county-level health departments. Local health inspectors will likely incorporate SB68 compliance checks into routine restaurant inspections starting July 1, 2026.
Beyond Fines: Reputational and Legal Risks
Non-compliance carries risks beyond statutory penalties:
- Liability exposure from allergic reactions due to inadequate disclosure
- Negative publicity and social media backlash
- Customer lawsuits for injuries resulting from undisclosed allergens
- Permit suspension or revocation by local health authorities
- Loss of customer trust and damaged brand reputation
Why SB68 Was Created: The Story Behind the Law
A Child's Idea That Became State Law
SB68 was inspired by Addie, a 9-year-old with severe food allergies, who presented the idea to California State Senator Caroline Menjivar. Senator Menjivar, who has also been hospitalized multiple times due to allergic reactions from restaurant meals, championed the legislation.
"When 9-year-old Addie presented the idea of a menu allergen disclosure bill to me, I couldn't believe that I, a person who has been hospitalized multiple times after unintentionally eating food I am allergic to at restaurants, had not thought to author this bill already."
The Public Health Imperative
The legislation addresses a serious public health concern:
- Over 2 million Californians live with food allergies
- The CDC estimates approximately 8% of children and 6% of the overall U.S. population have food allergies
- A 2017 CDC study found that half of all fatal allergic reactions are triggered by restaurant meals
- Currently, individuals with food allergies must rely on verbal communication with servers who may not have complete ingredient information, creating dangerous gaps in safety
How SB68 Compares to Existing Food Safety Laws
Building on Established Requirements
SB68 builds upon existing California Retail Food Code requirements that already mandate food facility managers have adequate knowledge of major food allergens and train employees on allergen awareness. The new law takes these requirements further by:
- Making allergen information proactively visible on menus
- Standardizing disclosure across all qualifying restaurants
- Creating enforceable standards for menu labeling
- Removing reliance on staff knowledge alone
First-in-the-Nation Legislation
While packaged foods have had allergen labeling requirements for decades, SB68 makes California the first state to require restaurant chains to follow similar mandating. This positions California as a leader in food allergy safety, potentially influencing other states to adopt similar legislation.
What This Means for Restaurant Operations
Operational Changes Required
Compliance with SB68 requires restaurants to:
- Verify ingredient information from all suppliers
- Update menu design to include allergen callouts or create digital systems
- Train all staff on allergen awareness and emergency procedures
- Maintain documentation of allergen management processes
- Create systems for menu updates when recipes change
- Establish protocols for customer allergen inquiries
Benefits Beyond Compliance
While SB68 creates new obligations, it also offers strategic advantages:
- Increased customer confidence and loyalty from allergy-affected diners
- Competitive differentiation as an allergen-conscious brand
- Reduced liability risk from better allergen management
- Improved operational transparency throughout the supply chain
- Enhanced staff knowledge about menu ingredients
Frequently Asked Questions
Q: Does SB68 apply to my restaurant if I only have locations in California?
A: Yes, if you operate 20 or more locations total, even if all are in California. The 20-location threshold applies nationwide, not per state.
Q: What if I franchise my restaurant concept—does each franchisee need to comply individually?
A: If locations operate under the same name and offer substantially the same menu items, they collectively count toward the 20-location threshold. Corporate and franchisee locations are typically counted together for compliance purposes.
Q: Can I just say "may contain allergens" on everything instead of listing specific allergens?
A: No. SB68 requires specific disclosure of which of the nine major allergens are present in each menu item, not blanket warnings.
Q: What about cross-contamination—do I need to list allergens that might accidentally get into food?
A: The law requires disclosure of allergens the facility "knows or reasonably should know" are ingredients. While advisory warnings about cross-contamination risk are good practice, the law specifically targets intentional ingredients.
Q: When should I start preparing for SB68 compliance?
A: Immediately. With the July 1, 2026 effective date, restaurants should begin supplier verification, menu redesign, and staff training well in advance to ensure smooth implementation.