Legislative momentum around food allergen transparency in the United States continues to build. Following California's passage of comprehensive allergen disclosure requirements for chain restaurants which come into effect on 1 July 2026 (SB 68), the Michigan Legislature is now considering House Bill 5402, a proposal that would expand written allergen disclosure obligations for restaurants and food service establishments across the state.
If enacted, HB 5402 would represent a significant step toward more standardized allergen communication in restaurant settings, particularly for foods prepared and sold without packaging.
Overview of House Bill 5402
Introduced by Representative Brenda Carter, House Bill 5402 proposes amendments to Michigan's food law to require restaurants and food service establishments to provide written notice of the presence of major food allergens in "unpackaged food."
The bill references the nine major allergens recognized under U.S. federal law:
The Nine Major Allergens
The intent of the legislation is to improve access to clear allergen information for consumers and to reduce the risk of accidental exposure, which remains a leading cause of food-related emergency room visits nationwide.
At the time of writing, the bill is under legislative consideration and has not yet been enacted.
Permitted Methods of Disclosure
A notable aspect of HB 5402 is its recognition of multiple acceptable formats for allergen communication. The current draft allows allergen information to be provided through:
- Printed menus
- Physical signage or table displays (including, but not limited to, brochures, deli case or menu notifications, statements, table tents, placards, or other effective written means)
- Digital formats, including QR-code-based menus
This flexibility reflects current restaurant operating practices and acknowledges the increasing role of digital menus and online ordering systems in food service environments.
Comparison With California's SB 68
Michigan's proposal follows California's Allergen Disclosure for Dining Experiences (ADDE) Act (SB 68), signed into law in late 2025. While both laws aim to improve allergen transparency, their scope and requirements differ in several important ways:
| Feature | California (SB 68) | Michigan (HB 5402 - proposed) |
|---|---|---|
| Covered establishments | Food service facilities with 20+ locations | Restaurants serving unpackaged food |
| Allergens covered | 9 major allergens | 9 major allergens |
| Disclosure format | Written notice on menus or signage | Written, printed, or digital formats |
| Effective date | July 1, 2026 | To be determined |
Both measures share a common policy objective: ensuring that consumers have access to clear, consistent allergen information at the point of ordering.
Implications for Restaurant Operators
If passed, HB 5402 would require restaurants to maintain accurate and up-to-date allergen information for menu items, including changes resulting from ingredient substitutions or supplier updates.
For operators, compliance will likely require:
- Clear documentation of ingredients and allergens at the recipe level
- Consistent communication between suppliers, kitchen staff, and front-of-house teams
- Processes to ensure allergen information remains current across menus and locations
While implementation may involve operational adjustments, regulators and consumer advocates note that improved allergen transparency can also support risk management and reduce the likelihood of allergen-related incidents.
A Broader National Trend
Michigan is part of a wider national movement toward stronger food allergen disclosure standards in food service. Similar legislative efforts have been introduced or discussed in states including New York, Illinois, and Oregon, alongside ongoing federal-level conversations about harmonizing allergen communication practices across jurisdictions.
As this regulatory landscape evolves, food service operators may benefit from monitoring developments beyond their home state, particularly those operating across multiple jurisdictions.
Looking Ahead
House Bill 5402 remains under legislative review, and its final form may change as it progresses. Regardless of the outcome, the bill reflects growing regulatory attention on allergen transparency in restaurants and signals continued scrutiny of how food information is communicated to consumers.
For industry stakeholders, the direction of travel is clear: clearer, more accessible allergen information is increasingly viewed as a baseline expectation rather than a voluntary best practice.