California SB 68 Allergen Menu Labeling: Restaurant Guide

In short. California SB 68 — signed in 2023, effective October 2025 — requires food facilities that are part of a chain of 20 or more locations to disclose allergen information on the menu or menu board for every standard menu item. The 9 FDA major food allergens (including sesame, added in 2023) must be identifiable before the customer orders. If you're a chain operator who hasn't updated your menus since October 2025, you're already out of compliance. If you're an independent operator, SB 68's menu-labeling mandate doesn't apply to you directly — but the underlying allergen management duties absolutely do.

What is California SB 68?

California Senate Bill 68 (codified at CalCode § 114094.5) adds allergen disclosure requirements for restaurant chains operating in California. The law was signed in 2023 and became effective October 2025.

The bill's objective is straightforward: customers with food allergies should be able to identify allergens in menu items before ordering, not by asking a server who may not know. It moves allergen disclosure from "available on request" to "visible on the menu."

This follows a broader national trend — ACA § 4205 already requires calorie labeling for chains of 20+, and FDA's national allergen disclosure standard (§ 3-603.11) requires that allergen information be provided upon customer request at all food service establishments regardless of size.

Who is affected by SB 68?

Covered: Food facilities that are part of a chain of 20 or more locations nationally, operating under the same name or brand. This includes:

• Quick-service restaurant (QSR) chains
• Fast-casual chains
• Full-service restaurant chains
• Coffee shop and bakery chains (20+ locations)
• Franchise operations (even individually owned franchises count toward the chain threshold)

Not covered under SB 68's menu-labeling mandate:

• Independent restaurants with under 20 locations
• Catering operations (unless part of a chain)
• Food trucks and mobile units below the threshold

Important for independents: Even without SB 68's mandate, FDA Food Code § 3-603.11 requires that allergen information be available and provided upon customer request at all food service establishments. "I don't know" from staff is not a compliant response. You need to know what's in your dishes — and your team needs to know how to communicate it.

The 9 FDA major food allergens

The US recognizes 9 major food allergens under the Food Allergen Labeling and Consumer Protection Act (FALCPA) plus the FASTER Act (signed 2021, sesame effective January 1, 2023):

Sesame is the most operationally disruptive addition. It wasn't a major allergen until 2023. Sesame appears in:

• Tahini (and any dish using tahini — hummus, some sauces)
• Sesame oil (common in Asian cuisine)
• Sesame seeds (hamburger buns, bagels, sushi)
• Some bakery products where sesame flour is used
• Certain spice blends

If your recipe cards, menu specs, and ordering guides haven't been audited for sesame since January 2023, there's a good chance sesame is appearing in your dishes without being tracked. That's a FALCPA violation on packaged product and an SB 68 violation for chains — and a liability issue for everyone.

Note: The US does not require disclosure of the 14 EU allergens. Mustard, celery, lupin, sulfites, and molluscs are not US major allergens and are not required under FALCPA or SB 68. Focus on the 9.

What SB 68 requires in practice

For covered chains (20+ locations), SB 68 requires allergen information for each standard menu item to be disclosed on the menu or menu board — available to the customer at the point of ordering.

Acceptable disclosure formats

Option 1 — Direct listing under each menu item List the allergens directly beneath or alongside each dish. Example:

"Grilled Salmon Bowl — Contains: Fish, Wheat, Soy, Sesame"

Option 2 — Legend with symbols Create a key at the top or bottom of the menu with symbols for each allergen, then place symbols next to menu items. Example: a wheat icon, a tree nut icon, etc. The legend must be legible and visible without the customer having to ask for it.

Option 3 — QR code linking to allergen information Customers can scan a QR code that links to a menu page with full allergen information for each item. The QR code must be visible on the menu or menu board, not just available on request.

What counts as a "standard menu item"

Standard menu items are items regularly offered — not daily specials, off-menu items, or items the kitchen offers on a seasonal rotating basis (though those should be tracked anyway for staff knowledge). The law applies to the regular printed menu.

Menu boards and digital displays

For QSR and fast-casual operators with menu boards (including digital boards): the allergen disclosure must be visible on the board or accessible via a clearly marked QR code. A laminated allergen sheet behind the counter that customers have to ask for is not SB 68 compliant.

How to build an allergen management system

SB 68 is the compliance trigger for chains — but allergen management is a food safety requirement for every restaurant. Here's the operational system:

Step 1 — Recipe card audit

Every dish on your menu needs a recipe card that lists every ingredient, including sub-components (sauces, marinades, dressings, garnishes). Each ingredient must be checked against the 9 FDA allergens.

Pay attention to:

• Hidden allergens: soy in many sauces and stocks, wheat in some soy sauces (tamari vs. shoyu), dairy in certain margarines, sesame in tahini-based dressings
• Cross-contact ingredients: if you fry both fish and fries in the same fryer, the fries have a cross-contact fish allergen risk
• Ingredient substitutions: when your distributor runs out of Brand X and substitutes Brand Y, the allergen profile may change

Step 2 — Supplier ingredient verification

Every ingredient you receive from a supplier has an allergen declaration on its specification sheet or label. If you're using branded products (sauces, condiments, prepared items), the manufacturer's allergen statement is your source.

For products where suppliers change seasonally or due to supply issues, set a process to review allergen specs when you switch sources.

Step 3 — Menu labeling update

For SB 68 compliance (chains of 20+): update your printed menus, digital menus, and menu boards before the customer sees them. Choose your format — direct listing, legend, or QR code — and apply it consistently across all locations.

For all restaurants: ensure your staff can answer allergen questions accurately. A server who says "I'm not sure, let me check" and actually checks is compliant. A server who guesses is a liability.

Step 4 — Staff training

Allergen training is not optional. Every team member who interacts with food — BOH and FOH — needs to understand:

1. What the 9 FDA major allergens are
2. Which dishes on your menu contain which allergens
3. The difference between an allergy (immune response, potentially fatal) and a preference (lifestyle choice)
4. What to do when a guest declares an allergy (alert the PIC, verify with the kitchen, confirm cross-contact risks)
5. Cross-contact — not just cross-contamination (shared fryer, shared prep surface, shared utensils)

Step 5 — Cross-contact protocol

For guests with declared allergies, especially severe ones:

• Designated prep surface (or cleaned and sanitized surface)
• Fresh utensils (not rinsed, fresh)
• Confirm your fryer situation honestly — if you share a fryer, say so
• PIC confirms before the dish leaves the kitchen

This is a liability and a safety issue. A guest with a tree nut allergy who has an anaphylactic reaction to your pistachio-crusted salmon that was listed incorrectly on the menu — that's a lawsuit and potentially a criminal investigation.

Risks of non-compliance

For SB 68 non-compliance (chains 20+):

• California CDPH enforcement — fines per location for continuing violations
• Consumer lawsuits under California consumer protection law (CLRA, UCL)
• Reputational damage — allergen lawsuits are public record

For allergen management failures (all restaurants):

• Product liability when a guest has a severe allergic reaction
• Health department violation — allergen control is a Priority Item under FDA Food Code § 3-603.11
• Criminal exposure in cases of death (rare but on record in the US and UK)

The cost of allergen management is low. A server who tells a guest "that dish has sesame in the sauce" saves you the lawsuit. The cost of getting it wrong is open-ended.