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Bill

S 10116

Requires allergen labeling for food service establishment menu items

2025 Regular Session Introduced by Nathalia Fernández and 1 co-sponsor

New York requires clear major allergen labeling on all menu items at food service establishments, including online menus, with penalties up to $125 per violation.

REFERRED TO HEALTH
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Bill Summary · S 10116

Summary of Bill S.10116 (2025-2026 Session) – New York

Title

Requires allergen labeling for food service establishment menu items

Purpose and intent

  • To ensure consumers are informed about major food allergens contained in menu items sold by food service establishments in New York.
  • Aligns menu labeling with consumer protection goals by providing clear, actionable allergen information on both physical and digital menus, including items that are temporary.

Key provisions

  1. Definitions

    • Food service establishment: Any place or vehicle where food is prepared, served, or sold for immediate consumption, takeout, or delivery.
    • Menu: Any list or pictorial display of prepared food items available for sale, including online menus for delivery or takeout. Major food allergen (current list): milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, and soybeans; plus any ingredient containing protein derived from a listed allergen.
    • Exclusions: Highly refined oils derived from any listed allergen (or ingredients derived from such oils) and any ingredient exempt under the FDA’s Food Allergen Labeling and Consumer Protection Act (FALCPA) petition/notification process.

  2. Allergen labeling requirement

    • Every NY food service establishment must provide clear and conspicuous written notice of major allergens known or reasonably knowable to be contained in each menu item, including temporary items.

  3. Method of disclosure

    • Allergens must be identified:
      • Directly on the menu (physical or digital) near each item.
      • By either:
      • A clear written statement in the menu’s language, or
      • Easily recognizable pictograms with a conspicuous key on the same menu.

  4. Items without allergens

    • Menu items that contain no major allergens do not require additional allergen labeling.

  5. Penalties

    • Violations are subject to civil penalties up to $125 per violation, plus any applicable regulations.

  6. Rules and regulations

    • The Department of Health (or the relevant state department) will promulgate rules to implement the section.

Affected entities

  • All food service establishments operating in New York State, including:
    • Restaurants, delis, cafes, food trucks, catering services, and other venues offering prepared foods.
    • Online/digital menu platforms and printed menus associated with such establishments.
  • Consumers with food allergies who rely on menu information to avoid allergen exposure.

Timeline and effective date

  • Effective date: The act takes effect 180 days after becoming law.
  • Regulatory framework: Department of Health to issue implementing rules as part of rollout.

Practical impact and considerations

  • Increased transparency for consumers with major food allergies, potentially reducing accidental exposure.
  • Businesses will need to review menus, update signage, and ensure digital and physical menus consistently display allergen information.
  • Enforcement will depend on the regulations and may involve routine inspections and penalties for noncompliance.
  • Exclusions for highly refined oils and certain exempt ingredients align with existing federal labeling frameworks, reducing ambiguity for some ingredients.

Summary

Bill S.10116 adds a new Public Health Law requirement for allergen labeling on all New York food service menus, mandating clear identification of major allergens for each menu item, including temporary items. The labeling must be either a written statement in the menu language or via pictograms with a key, and penalties for noncompliance are set at up to $125 per violation. The Department of Health will issue implementing rules, and the law would take effect 180 days after passage.

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

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