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A 11072

Requires allergen labeling for food service establishment menu items

2025 Regular Session Introduced by Jen Lunsford

New York requires all menu items to clearly display major allergens on all menus (including online), above or beside items, with simple language or pictograms.

REFERRED TO HEALTH
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Bill Summary · A 11072

Summary of Bill A. 11072 (2025-2026) – New York

Title

Requires allergen labeling for food service establishment menu items

Primary Purpose

To mandate clear, conspicuous labeling of major food allergens on all menu items offered by food service establishments in New York, including temporary items, in order to inform customers and reduce allergen-related risks.

Key Provisions

1) Definitions

  • Food service establishment: Any place where food is prepared, served, or sold for immediate consumption, on-site or nearby, for take-out or delivery.
  • Menu: Any list or pictorial display of prepared food items available for sale, including online menus for delivery or take-out.
  • Major food allergen: Milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, soybeans; and any ingredient containing protein derived from any of these. Excludes:
    • Highly refined oils derived from these foods (or ingredients derived from such oils)
    • Ingredients exempt under the petition/notification process of the federal Food Allergen Labeling and Consumer Protection Act (FALCPA), as amended.

2) Menu Labeling Requirement

  • All food service establishments in New York must provide clear and conspicuous written notice of major allergens that are ingredients in each menu item, including temporary items.

3) Method of Disclosure

For each menu item, establishments must disclose allergens:
- (a) Placement: Directly on the physical or digital menu (immediately above, beneath, or adjacent to the item).
- (b) Identification: Each major allergen must be identified either:
- With a clear written statement in the same language as the rest of the menu, or
- By using easily recognizable pictograms with a conspicuous key on the same menu.

4) Allergen-Free Items

  • Menu items that do not contain any major allergens require no additional ingredient labeling beyond standard listing.

5) Penalties

  • Violations are subject to a civil penalty up to $125 per violation.

6) Regulatory Authority

  • The New York Department (presumably Department of Health) shall promulgate rules and regulations necessary to implement the provisions.

Effective Date

  • The act would take effect on the 180th day after it becomes law.

Impact and Considerations

  • Who is affected: All food service establishments in New York that operate menus (including online menus) must comply.
  • Public health impact: Aims to reduce accidental exposure to major allergens by providing explicit allergen information at the point of purchase.
  • Operational considerations: Establishments will need to review menu items, update menus (both printed and digital), and ensure staff awareness of allergen labeling standards and symbols.
  • Enforcement: Civil penalties provide a deterrent; specifics of enforcement mechanisms and any grace periods would be defined in department regulations.
  • Alignment with federal law: Aligns with broader allergen labeling practices; notes exceptions for highly refined oils and certain exempt ingredients per FALCPA, with possible state-level interpretation.

Note

  • Sponsored by Assembly Member Lunsford (Co-sponsor: Jen Lunsford) and referred to the Health Committee on April 24, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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