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food and drug branch (Fdb)

Senate Bill 68 Major Food All​​erge​​ns 

The Major Food Allerg​ens

  • Milk
  • Eggs
  • Fish
  • Crustacean shellfish
  • Tree nuts
  • Peanuts
  • Wheat
  • Soybeans
  • Sesame​
​​ ​​​​Major Food Allergens Milk

 What SB 68 Requires?

Commencing July 1, 2026, a 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 shall provide written notification of major food allergens that the food facility knows or reasonably should know are contained as ingredients in each menu item.​

 Who Must Comply?

21 CFR 343(q)(​5)(H)

  • General requirements for restaurants and similar retail food establishments … in the case of food that is a standard menu item that is offered for sale in a restaurant or similar retail food establishment that is part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership of the location).​​
  • The law does not apply to compact mobile food facility operations or nonpermanent food facilities.

 Do Menu "Specials" Require Written Notification?

​​​Title 21, Code of Federal Regulations Section 101.11

​Menu items offered for sale for less than a total of 60 days a year or fewer than 90 consecutive days in order to test consumer acceptance would be exempt from SB 68 requirements. ​

 How to Comply?

  • Directly on the food facility's menu, or

  • In a digital format, including, but not limited ​to, using a quick response (QR) code that links to the food facility's digital menu with an “alternative method" which may include a separate allergen-specific menu, an allergen chart, an allergen grid, and allergen booklet, or other written materials.​

For questions, please contact the California Department of Public Health, Food and Drug Branch (CDPH FDB) Retail Food Program at FDBRetail@cdph.ca.gov or 1-800-495-3232​ ​​

Additional information can be found on the Food and Drug Administration website:

FDA Food Allergens Information

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