New York · Prepackaged food
New York's 2026 allergen requirement centers on prepackaged food. Here's a plain-language explanation of what that means, with examples of what typically is — and isn't — treated as packaged before ordering.
The most reliable test is simple: is the food packaged before the customer orders it? If a product is wrapped, boxed, bagged, or sealed and placed out for sale ahead of any customer request, it is the kind of item the prepackaged requirement is designed for.
These examples are illustrative and help explain the general idea. They are not the statutory definition and are not legal advice. Confirm edge cases against the official sources below.
Packaged at the counter after ordering. If the item didn't exist as a packaged product until the customer asked for it, it usually behaves more like made-to-order food than a prepackaged product.
Same recipe, two formats. A product can be prepackaged in one context (shelved ahead of time) and made-to-order in another (assembled on request). Look at how the specific item reaches the customer.
Made-to-order still has obligations. Even when an item isn't prepackaged, separate menu and point-of-order allergy notice rules can apply. See menu notice vs. package label.
Statutory text is distinct from the illustrative examples on this page. Last reviewed September 28, 2026. This page is general information, not legal advice.
A free labeling workflow review is an informal conversation about your products and how they're labeled today.