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New York · Comparison

Menu notice vs. package label in New York

New York's allergen rules treat made-to-order food and prepackaged food differently. Here's how the point-of-order menu notice differs from the prepackaged package label — and when each applies to you.

Check which applies to you
Made-to-order

Menu / point-of-order notice

  • Applies to food assembled or cooked after a customer orders
  • Focuses on informing customers where they order (menu, board, or counter)
  • About directing customers to allergen information at the point of order
Prepackaged

Package label

  • Applies to food packaged before a customer orders
  • Focuses on a clear allergen disclosure on the package itself
  • The customer reads it directly on the product before buying

This comparison is a plain-language summary to help you orient. The specific obligations, thresholds, and wording are set by the statutory text — confirm against the official sources below. Not legal advice.

Many businesses need both

A deli that sells wrapped grab-and-go sandwiches and builds sandwiches to order may fall under both the prepackaged package label expectation and the made-to-order menu notice expectation, depending on the item. The practical step is to sort your products by how they reach the customer, then apply the right approach to each group.

Unsure how to classify a specific product? See what counts as prepackaged food.

Frequently asked questions

Sources

  • Public Health Law §1357 (prepackaged food allergen notice)
  • Agriculture & Markets Law §199-G
  • Public Health Law §1356 (menu / ordering allergy notice)
  • Agriculture & Markets Law §199-F

Statutory text is distinct from the illustrative examples on this page. Last reviewed September 28, 2026. This page is general information, not legal advice.

Want help sorting your products?

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Request a labeling workflow reviewRead the full NY law guide