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Bill

S 3394

Requires food service businesses to provide written notice of major food allergens in each menu item.

2026-2027 Regular Session Introduced by Renee Burgess and 6 co-sponsors

Requires all NJ food service businesses to clearly disclose major allergens for every menu item, including temporary ones, in formats with standard names or icons.

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee
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Bill Summary · S 3394

Summary of Bill S 3394 (New Jersey, 222nd Session)

Purpose and Intent

S 3394 would require all New Jersey food service businesses to provide clear, written notice of major food allergens for every menu item, including temporary items. The aim is to enhance consumer awareness and safety for individuals with food allergies by ensuring accessible allergen information in multiple formats.

Key Provisions and Changes

  • Definitions (Section 1)

    • “Food service business”: broad scope including restaurants, cafés, delis, grocery stores, food trucks, movie theaters, cafeterias (including government-operated ones), and more.
    • “Major food allergen”: aligns with the federal definition in 21 U.S.C. s.321 (as amended by the bill’s references), covering common allergens such as milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame.
    • “Menu”: encompasses all menu formats and locations, including printed menus, digital or electronic menus, drive-through boards, on-site boards, and menus on the Internet.
    • “Temporary menu item”: an item shown for fewer than 30 days in a calendar year (counting all appearances).

  • Notification Requirements (Section 2a)

    • Food service businesses must provide clear, conspicuous written notice of major allergens for every menu item, including temporary items.
    • Notification options:
    • Directly on the menu.
    • In a digital format (e.g., a quick reference code) that links to an Internet site with the required information.
    • On other written materials (separate menu, chart, grid, booklet).
    • If allergen information is included directly on the menu, a adjacent or nearby written statement must accompany the item, using a font/format at least as prominent as the item’s name or price.

  • Format and Communication (Section 2b)

    • When providing allergen information, businesses must use either:
    • Common/usual names of the major allergens; or
    • Standardized icons or symbols approved by the Commissioner of Health.

  • Exclusions (Section 2c)

    • The act does not apply to prepackaged foods already subject to federal labeling requirements for major allergens under 21 U.S.C. s.343.

  • Enforcement (Section 2d)

    • The Department of Health (or local health authorities) may investigate (via written complaint or suspected violation) and issue written notifications to require corrective action.

  • Implementation (Section 2e)

    • The Commissioner of Health is to adopt implementing rules under the Administrative Procedure Act.

  • Effective Date (Section 3)

    • Takes effect on the first day of the 13th month after enactment (with possible earlier action by the Commissioner to implement in advance).

Who Is Affected

  • All food service businesses organized under New Jersey laws (including restaurants, cafés, delis, grocery-store cafes, vending operations, food trucks, movie theaters, and government or institutional cafeterias).
  • Consumers with food allergies, who would benefit from standardized allergen disclosures on menus and related materials.

Procedural and Timeline Highlights

  • Action Timeline: Enactment triggers an implementation period; full compliance would begin on the first day of the 13th month after enactment, giving businesses time to adjust.
  • Regulatory Framework: Requires the Department of Health to issue implementing regulations under the Administrative Procedure Act.
  • Enforcement Mechanism: Enables health authorities to respond to complaints or suspected violations with written advisories and corrective action orders.

Potential Impacts

  • Improves transparency of allergen information for menu items, including temporary items, across all formats.
  • Creates uniform disclosure standards (names or approved icons) to aid consumer understanding.
  • Imposes compliance obligations on a wide range of food service operators, possibly including small businesses.
  • Excludes federally labeled prepackaged foods from applicability, avoiding duplication of existing labeling requirements.

This bill seeks to strengthen food-allergen awareness and consumer safety while outlining enforcement and implementation pathways for health authorities.

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

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