Food Allergen Policy for Restaurants: What the 2026 Food Code Requires

Quick answer: under the FDA Food Code, a restaurant has to do four things about food allergens. The person in charge has to be able to name the major food allergens and the symptoms they cause (§2-102.11). Employees have to be trained in food allergy awareness for their jobs (§2-103.11(O)). Customers have to be told in writing which major food allergens are in unpackaged food (§3-602.12(C)). And food the restaurant packages itself has to name each allergen on the label (§3-602.11). There are nine major food allergens, including sesame. A few states, such as Illinois, Massachusetts, and Rhode Island, add their own rules on top. Below is what each rule means in practice, a step-by-step allergy order procedure, and a printable chart for your menu.

The 9 Major Food Allergens

The 2026 Food Code defines a major food allergen as one of these foods, or an ingredient containing protein from one of them (§1-201.10):

• Milk
• Egg
• Fish, such as bass, flounder, and cod
• Crustacean shellfish, such as crab, lobster, and shrimp
• Tree nuts, such as almonds, pecans, and walnuts
• Peanuts
• Wheat
• Soybeans
• Sesame, added to the federal list by the FASTER Act of 2021, for foods entering interstate commerce from January 1, 2023

Highly refined oils made from these foods don't count. Molluscan shellfish like oysters and clams aren't on the list, and neither is gluten as such (wheat is), but guests can be allergic or sensitive to anything, so take every request seriously. FDA says these nine foods account for 90% or more of food allergies.

What the Food Code Requires

The written-notice rule was added in the 2022 Food Code, so it applies once your health department adopts the 2022 or 2026 edition. The training rule doesn't mean every employee has to pass an accredited test: FDA says it lets each restaurant build training that fits its own operation. Inspectors check written allergen notice and labels under item 37 of the inspection report.

How to Give Written Allergen Notice

The Food Code doesn't require a particular format. FDA lists brochures, deli case or menu notices, label statements, table tents, placards, and other written means, on paper or on screen. Common setups:

• Menu symbols or notes next to each item, with a key.
• An allergen chart or binder at the counter or host stand that guests can read, listing every item against the nine allergens.
• Labels or cards on deli cases, bakery items, and grab-and-go food.

Whatever you use, it's only as good as the chart behind it. Build one row per menu item from the actual ingredient labels, including sauces, dressings, garnishes, and fryer oil, and update it whenever a recipe or a supplier changes. Our free printable chart below is set up for exactly that.

Preventing Cross-Contact

Cross-contact is when an allergen that isn't supposed to be in a food gets into it, from a shared board, knife, glove, fryer, or surface. Cooking doesn't reliably remove allergens, so the real protection is keeping them apart:

• Wash, rinse, and sanitize boards, knives, and surfaces after they touch an allergen. A wipe with a cloth isn't enough.
• Use dedicated tools for allergy orders. Purple is the usual color for allergen-free prep tools.
• Change gloves and wash hands before making an allergy order.
• Watch shared fryer oil, griddles, and pasta water, which carry allergens from one food to the next.
• Store allergen ingredients covered, labeled, and apart from other food, and keep the original labels on bulk ingredients.

Allergy Order Procedure, Step by Step

1. Ask and listen. When a guest mentions an allergy, the server writes it on the ticket and tells the person in charge.
2. Check, don't guess. Look up the dish on the allergen chart and the ingredient labels. If you can't be sure, tell the guest so; a safe "no" beats a wrong "yes."
3. Prepare it apart. The cook washes hands, puts on fresh gloves, and uses a clean, sanitized board, utensils, and pan, and doesn't fry in shared oil.
4. Deliver it directly. The cook or the manager carries the plate straight to the guest and confirms the allergy, so it isn't mixed up at the pass.
5. Write it down if anything went wrong, and fix the step that failed.

If a Guest Has a Reaction

FDA lists the common signs of an allergic reaction as hives or an itchy rash, nausea, stomach pain, vomiting, diarrhea, wheezing, shortness of breath, and swelling. A severe reaction (anaphylaxis) can kill. Call 911 right away for trouble breathing or swelling of the lips, tongue, or throat, tell the person in charge, and keep the food and its packaging. Make sure every shift knows this.

State Rules on Top of the Food Code

A few states go further. These are the ones we've confirmed in the state's own law; check with your health department for local rules too.

• Illinois: certified food protection managers at high-risk (Category I) restaurants must complete an accredited allergen awareness course within 30 days of starting the job and every 3 years, and since January 1, 2026 the training has to cover sesame and gluten. Details in our Illinois food manager guide.
• Maryland: every food establishment must display a food allergy awareness poster in the staff area (Health–General §21-330.2). Montgomery County also requires an employee with approved allergen awareness training on site whenever food is prepared or served. Details in our Maryland food manager guide.
• Massachusetts: restaurants must post a state-approved food allergy awareness poster in the staff area and put a notice on all menus asking customers to tell their server about any food allergies. At least one certified food protection manager must also hold a Massachusetts allergen awareness certificate, valid five years, from a course that meets the Department of Public Health's criteria; since October 7, 2024, DPH's old allergen video no longer counts (M.G.L. c. 140, §6B; 105 CMR 590.011). Details in our Massachusetts food manager guide.
• Michigan: from 2017, certified managers had to take state-approved allergen training every five years and restaurants had to post an allergen poster, but both requirements ended December 31, 2020. A 2025 bill (House Bill 4775) would bring them back; see our Michigan food manager guide.
• New Jersey: restaurants must display a food allergen awareness sign for staff and a customer advisory sign wherever customers order (a menu notice can replace table signs), and every restaurant manager must complete an allergen awareness course approved by the Commissioner of Health (N.J.S.A. 26:3E-14). Details in our New Jersey food manager guide.
• Rhode Island: the same poster and menu notice, plus a designated manager who knows food allergy issues, either by reviewing the health department's materials or by holding a food protection manager certification (R.I. Gen. Laws §23-20.12-2).

Training Your Staff

The Food Code leaves the format up to you: a short talk at pre-shift, a written procedure, or a course. FDA suggests covering the risks of serving allergens, the nine major allergens, the signs of a reaction and how to respond, reading ingredient labels, preventing cross-contact, and your own kitchen's procedures. An online course gives you a certificate to show the inspector.

Tools for Allergen-Free Prep

Color-coding makes separation automatic: if the board and tongs are purple, everyone knows they're for allergy orders only. Each of these is checked against its live Amazon listing.

A complete allergen kit. San Jamar's Saf-T-Zone kit comes with a purple cutting board, tongs, turner, and chef's knife, and San Jamar lists it as NSF certified and dishwasher safe.

A purple cutting board on its own, if you already have dedicated utensils. Thirteen Chefs' 18 x 12 inch board is commercial-grade polypropylene and dishwasher safe. Our color-coded cutting board guide has the full color system.

Purple gloves, so a glove change for an allergy order is visible from across the line. These violet nitrile gloves are latex-free and sold as food-safe. See our disposable gloves guide for other sizes and colors.

Want the written version ready to adapt? Our Food Safety Plan Kit includes an editable food allergen awareness procedure among its 24 written procedures built on the 2026 Food Code, plus a training sign-off sheet to record each employee's allergen training and a corrective action log for mistakes.

Frequently Asked Questions

What are the 9 major food allergens?

Milk, egg, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. Sesame became the ninth in 2023 under the FASTER Act, and the Food Code's definition includes it.

Do restaurants have to list allergens on the menu?

Not necessarily on the menu itself. The Food Code (2022 and 2026 editions) requires telling customers in writing which major food allergens are in unpackaged food, and that can be a menu note, a table tent, a placard, a brochure, or an allergen chart guests can read. Some states, like Massachusetts and Rhode Island, also require a menu notice asking customers to tell their server about allergies.

Is gluten a major food allergen?

No. Wheat is a major food allergen, but gluten as such isn't on the federal list. Many guests avoid gluten for celiac disease, though, and Illinois now requires manager allergen training to cover gluten and celiac disease.

Do restaurant employees need allergen training?

The Food Code makes the person in charge responsible for training employees in food allergy awareness for their jobs, but doesn't require an accredited test for everyone. Some states require more for managers: in Illinois, certified food protection managers at high-risk restaurants need an accredited allergen course.

What is allergen cross-contact?

Cross-contact is when an allergen gets into a food it isn't supposed to be in, from shared equipment, gloves, oil, or surfaces. Unlike bacteria, allergens aren't reliably destroyed by cooking, so prevention means keeping allergen foods and tools apart and cleaning thoroughly.

Bottom Line

An allergen policy comes down to knowing what's in every dish, telling guests in writing, keeping allergy orders apart from start to finish, and training everyone to follow the same steps. Start with the chart: once every menu item is mapped against the nine allergens, the written notice, the order procedure, and the training all follow from it.

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