FDA Allergens for US Restaurants 2026: The 9 Major Allergens

The short version. The US has 9 major food allergens under FDA law: Milk, Eggs, Fish, Shellfish, Tree Nuts, Peanuts, Wheat, Soybeans, and Sesame. Sesame was added in January 2023 under the FASTER Act — if you haven't updated your recipe cards and menu disclosures since then, you're behind. Here's what the law requires, how health inspectors evaluate compliance, and the method to document allergens so nothing slips through.

The US allergen framework — what the FDA requires

The Food Allergen Labeling and Consumer Protection Act (FALCPA) established the original 8 major food allergens in 2004. The FASTER Act (Food Allergy Safety, Treatment, Education, and Research Act), signed in April 2021 and effective January 1, 2023, added sesame as the 9th major allergen.

Under FDA Food Code 2022 §3-603.11, food establishments must communicate allergen information to consumers who request it. This applies to restaurants, food trucks, caterers, and any commercial food operation — not just packaged food manufacturers.

The key difference from the UK/EU system (which lists 14 allergens): the US 9 allergens remove celery, mustard, sulfites, lupin, and molluscs — but add sesame, which was not on the EU original list as a standalone category.

The 9 FDA major allergens — complete list (2026)

1. Milk — Includes all dairy: butter, cream, cheese, yogurt, casein, whey. Watch for "non-dairy" products that still contain casein.

2. Eggs — Whole eggs, egg whites, egg yolks, dried egg powder, egg-based sauces (aioli, hollandaise, mayonnaise).

3. Fish — Includes finfish: bass, flounder, cod, tilapia, tuna, salmon, halibut, and others. Does not include shellfish (separate category).

4. Shellfish (Crustacean) — Shrimp, crab, lobster, crayfish. Note: some FDA guidance refers specifically to crustacean shellfish. Mollusks (oysters, clams) are not currently a major allergen under US law — unlike in the EU.

5. Tree Nuts — Almonds, cashews, walnuts, pecans, pistachios, Brazil nuts, hazelnuts, macadamia nuts. Pine nuts and coconut are included in FDA's tree nut category for labeling purposes (discuss with your health department for your specific state's interpretation).

6. Peanuts — Groundnuts, peanut butter, peanut oil (highly refined oils are typically exempt from labeling but may still cause reactions in sensitive individuals).

7. Wheat — Includes all wheat varieties: durum, einkorn, emmer, spelt, kamut. Common in bread, pasta, flour tortillas, soy sauce (check labels — many contain wheat).

8. Soybeans — Soy sauce, tofu, edamame, tempeh, miso. Highly refined soy oil is typically exempt from labeling but may still be relevant for highly sensitive individuals.

9. Sesame — Added January 1, 2023 under the FASTER Act. Sesame seeds, sesame oil, tahini, hummus (which contains tahini), certain baked goods, and some Asian cuisine preparations. This is the one operators most often forget to check after 2023.

California SB 68 — allergen disclosure for chains

California SB 68 (CalCode §114094.5, effective October 2025) requires certain allergen disclosures for restaurant chains with 20 or more locations operating under the same brand in California. Affected chains must provide written allergen information accessible to customers — either on the menu, on a separate document available on request, or via a digital interface.

If you operate fewer than 20 locations, SB 68 doesn't require this. But you are still bound by FDA Food Code §3-603.11: you must be able to communicate allergen information to any customer who requests it. The form is flexible. The obligation is not.

How to display allergens in your US restaurant

FDA Food Code §3-603.11 is intentionally flexible on display format. What it requires is that customers can access allergen information. Common formats that satisfy this:

Option 1 — Direct menu notation. "Contains: Wheat, Eggs, Milk" listed under the dish. The most transparent. Also the most maintenance-intensive to keep current as recipes change.

Option 2 — Allergen information available on request. A clear statement on the menu ("Ask your server about allergen information"). Backed by accurate internal documentation. This is the minimum for most US indie restaurants.

Option 3 — Posted allergen chart or QR code. A table or chart available at the counter or via QR code listing allergens by dish. Easier to update than printed menus. Works well for fast-casual and counter service.

What doesn't work: relying on your servers to "know" the allergens without written backup. If your server gives wrong information because your recipe card is incomplete or outdated, you remain liable. This was a hard lesson I learned firsthand.

Real case — the health inspection I wasn't ready for

In 2017, a health inspector walked into La Verrerie unannounced. My menu was clean. Allergen info was posted for customers. I felt reasonably prepared.

The problem came from my internal documentation. Out of 22 recipe cards checked that day, three had no allergen column filled in. Dishes I'd been preparing for months — I knew them inside out — but whose paperwork was incomplete.

To the inspector, incomplete internal documentation means you cannot guarantee that the information you're giving customers is accurate. It doesn't matter what's on the menu if the source documentation is wrong.

Result: an improvement notice. No immediate fine that round, but a mandatory follow-up inspection and a day and a half of emergency card updates I hadn't planned.

The lesson: allergen compliance doesn't start at the customer. It starts on the recipe card.

How are US restaurants handling allergens today?

With a tool that ties allergens to the ingredient level — not hand-jotted on the card — a supplier change automatically reassesses allergen status. Switch from a sesame-free dressing to one that contains tahini, and every dish using that dressing flags sesame. No manual hunting through 40 cards.

Common mistakes managing allergens in US restaurants

• Forgetting sesame since January 2023. The FASTER Act is now 2+ years old, but a surprising number of operators haven't updated their cards. If sesame is present in any of your dishes — in sesame oil, tahini, hummus, Asian-inspired preparations — it needs to be documented.

• Overlooking secondary ingredients. The house dressing contains sesame oil. The marinade contains soy sauce. The aioli contains eggs. "Small" ingredients are where allergen misses happen.

• Not updating on menu changes. You add a new dish for summer. You forget to build the recipe card with allergens before it goes live. That dish is now an undocumented allergen risk.

• Training staff once. New hires and seasonal staff don't know your allergens unless you brief them at onboarding. An allergen briefing is part of Day 1, not an optional extra.

• Confusing "contains" and "may contain." "Contains: Sesame" = you used sesame. "May contain: Sesame" = cross-contamination risk from shared equipment. You're not legally required to disclose "may contain" — but communicating it to customers with severe allergies is strongly advisable.

Conclusion

Three points on FDA allergen compliance for US restaurants in 2026.

1. 9 allergens to document — including sesame since January 2023. If your recipe cards haven't been updated since then, check them today.

2. Documentation starts internally — on the recipe card, at the ingredient level. Customer-facing communication is only as reliable as the source documentation behind it.

3. Liability is real — and it doesn't wait for a health inspection. A customer with a severe allergy asking about sesame in your dressing deserves an accurate answer, backed by current documentation.

Last updated May 2026. Written by Cyril Quesnel, founder of Onrush — 20 years on the line in France, two restaurant turnarounds, building food safety and food cost tools for US indie restaurants.