A new label requirement for food prepared on site.

If you prepare and package food before a customer orders, New York's new allergen labeling law will apply to you.

Effective November 12, 2026

Upcoming

See Foodini's solution

A bright deli and bakery counter with prepackaged grab-and-go items in a display case

The requirement

What New York's Prepackaged Food Law Requires

New York's allergen labeling requirement for prepackaged food comes from Senate Bill S5381A (Assembly Bill A6558A), signed into law by Governor Kathy Hochul in November 2025. Effective November 12, 2026, the law adds Section 1357 to the New York Public Health Law, requiring food establishments to include a written allergen notification on the package or on a label attached to the package.

The 9 major allergens

Food establishments must disclose the presence of any of these 9 major allergens in the food they prepare and package.

Milk
Eggs
Fish
Crustacean Shellfish
Tree Nuts
Peanuts
Wheat
Soy
Sesame

Does the timing of packaging matter?

How and when you package your food can determine whether this new requirement applies.

Pre-wrapped sandwiches in clear packaging on a deli shelf

Packaged before the order

Prepared, packaged and sold on the same premises. This is covered by the new requirement.

A chef assembling a made-to-order sandwich by hand

Packaged after the order

This law excludes food packaged after a customer orders. Made-to-order items wrapped at checkout are not covered.

Who this covers

The law names specific types of food establishments.

Delis
Bakeries
Sandwich shops
Ice cream parlors
Cafeterias
Food trucks

What the label must show

Allergen information must appear on the package itself, or on a label attached to the package. A digital menu alone does not satisfy this requirement.

A kraft takeout bag with an attached label reading Turkey and Swiss, Contains: milk, wheat

Illustrative example.

Prepare your labeling workflow

A few key steps can help you get ready for the new requirement.

Identify covered products
Determine which of your foods are prepared and packaged on the same premises.
Check recipes and ingredients
Review your recipes, ingredient lists and allergen information.
Review label output
Make sure your package or attached label includes the required allergen information.
Plan for ingredient changes
Set a process to keep labels accurate when ingredients or recipes change.

This is an informational checklist, not an automated legal determination.

Talk through your products with Foodini

FAQ