California Enacts First-in-the-Nation Allergen Disclosure Law for Restaurant Chains

On October 13, California took a significant step toward consumer transparency with the enactment of SB 68, the Allergen Disclosure for Dining Experiences Act. This legislation makes California the first state to mandate large restaurant chains to disclose major food allergens on their menus. The law is set to take effect on July 1, 2026.

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View the Act here.

Who Is Affected?

The new requirements apply to restaurant chains operating 20 or more locations in California under the same name and offering substantially the same menu items. These establishments are already subject to federal menu labeling requirements under the Food, Drug, and Cosmetic Act.

Key Requirements

  • Allergen Disclosure: Restaurants must identify the presence of any of the nine major food allergens — milk, eggs, peanuts, tree nuts, fish, shellfish, wheat, soy, and sesame — that are known or reasonably should be known to be present in each menu item.

  • Menu Presentation: Allergen information can be provided in one of two ways.

    • Directly on the menu, adjacent to each menu item.

    • Digitally, such as through a QR code linking to an online allergen menu.

  • Non-Digital Alternative: If a digital format is used, restaurants must also provide a non-digital alternative, such as an allergen-specific menu, chart, grid, booklet, or other written materials.

Exclusions

The law does not apply to the following.

  • Compact mobile food operations.

  • Nonpermanent food facilities.

  • Prepackaged foods already covered by federal allergen labeling requirements.

Implications for Restaurant Operators

Restaurant chains with 20 or more locations in California should begin reviewing their menu offerings and operational procedures to ensure compliance by the July 1, 2026, effective date. This may involve updating menu materials, training staff, and implementing systems for accurate allergen tracking and disclosure. Failure to comply could result in regulatory scrutiny and potential liability.

California’s new allergen disclosure law sets a precedent for food safety and transparency in the restaurant industry. Affected businesses should take proactive steps to prepare for the upcoming requirements and ensure that allergen information is accessible to all consumers.

Our team will continue to monitor developments and provide updates as they become available. Please reach out to your ArentFox Schiff attorney contact or the author with questions.

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