California SB 68: What do operators need to do?
What must we label for? What is a menu? How can we go about labelling for food allergens?
A new California law (SB 68, the Allergen Disclosure for Dining Experiences Act) will soon require food facility's to clearly disclose major food allergens on their menus. Starting July 1, 2026, restaurants with 20 or more total locations (with at least 1 in California) must label their physical and digital menus with the major allergens in each menu item. This first-of-its-kind rule aims to make dining safer for the millions with food allergies.
Who Must Comply?
SB 68 applies to any "food facility that is subject to Section 343(q)(5)(H) of Title 21 of the United States Code that serves or sells food to the consumer." This is an existing legal requirement for nutrition labeling (calorie counts, etc.).
SB 68 therefore applies to chain restaurants with 20 or more locations nationwide. In other words, if your brand has 20+ units (even across state lines) and operates in California, you'll be required to follow these allergen disclosure rules. It can also apply to other forms of food facilities i.e. any that are already captured by the nutrition labeling requirements.
Smaller establishments under that threshold are not covered by this law. Food trucks, carts, and temporary pop-up food operations are also exempt. The law also does not apply to prepackaged foods that are already subject to federal labeling requirements for major food allergens.
What Does the Law Require?
By the compliance deadline, covered restaurants must list any major food allergens contained in each menu item. California recognizes nine major allergens for this purpose, which mirror the common allergens identified on packaged foods:
If any of these allergens are ingredients in a dish, you need to clearly identify them for that menu item. Importantly, SB 68 is about actual ingredients – it does not require listing potential cross-contact or trace allergens. You don't have to warn about every "may contain" possibility from the kitchen, only the allergens that are intentionally in the recipe. (That said, you should still practice careful food handling to avoid cross-contamination and communicate with guests who have allergy concerns.)
What Counts as a "Menu"?
"Menu" has the same meaning as "menu or menu board," as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. "Menu or menu board means the primary writing of the covered establishment from which a customer makes an order selection, including, but not limited to, breakfast, lunch, and dinner menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic menus; and menus on the Internet."
In summary, any format in which you present your offerings to customers is considered a menu under SB 68. This includes:
- traditional printed menus
- menu boards or chalkboards
- drive-thru and overhead displays
- as well as digital menus such as those on your website, mobile app, online ordering or self-order kiosks.
The term does not include marketing or promotional materials that are not used by a customer for ordering decisions (e.g., advertisements, posters, coupon mailers).
In short, wherever a customer is reading about your food, allergen information needs to be available there in some form. Be prepared to update online menus and third-party delivery menus too, since those are extensions of your restaurant's menu.
How to Disclose Allergens: Two Compliance Options
SB 68 gives restaurants flexibility in how to provide the allergen details. You have two main options to comply:
Option 1: On-Menu Allergen Labels
Add allergen information directly on your menus or menu boards next to each item. This could be done with abbreviations or icons (for example, a peanut icon or "Contains: milk, wheat" text under the dish description). The information should be immediately adjacent to the item so it's easily noticed. This approach is straightforward for guests, but very manual and means you'll need to reprint or update print menus and menu boards whenever recipes change.
Option 2: Digital Allergen Menu (QR Code)
Provide allergen info in a digital format accessible by customers. The common method is posting a QR code in your restaurant (on menus, and signage) that links to a "digital menu" containing this information. It's implied that the QR code should link to a full digital menu with integrated allergen labeling, not just a generic PDF or a simple allergen table.
If you choose the digital route, you must also have a physical backup on-site. In practice, that could be a printed allergen booklet or chart available upon request, or a dedicated allergen menu handout. This ensures that guests without smartphone access (or those who prefer paper) can still get the information. The digital option has the advantage of easier updates – you can adjust the online info instantly if an ingredient changes – but remember to keep that in-house print copy updated as well.
Choose the method that fits your operation, but make sure whatever you choose is consistently implemented across all your locations in California.
Implementation Timeline
Key Date: July 1, 2026
This is the compliance deadline for SB 68. All covered restaurants must have allergen disclosure systems in place by this date.
If you have any questions about the digital route, the Foodini team would be happy to provide more information about solutions.
Takeaway
For operators, this means reviewing every place a customer makes an order decision – from a physical menu to your ordering app – and ensuring allergen info is present.
Now is the time to start planning: audit your menus, decide on your compliance approach, and prepare to roll out clear, consistent allergen information by July 2026.