"NJ Menu Allergen Disclosure Bill"
New Jersey S3394 - Food Service Businesses; Written Notice of Major Food Allergens in Menu Items
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Summary
Requires food service businesses to provide clear and conspicuous written notice of major food allergens (as defined by 21 U.S.C. 321(qq)) that the business knows or reasonably should know are contained as ingredients in each menu item, including temporary menu items. Information may be provided on the menu, via a QR code linking to a website, or on other written materials (separate menu, chart, grid, or booklet). Businesses must use common/usual allergen names or standardized icons approved by the Commissioner of Health. Exempts prepackaged foods subject to federal labeling. The Commissioner of Health shall adopt rules and regulations to implement. Takes effect the first day of the 13th month after enactment.
Full Description
AN ACT concerning food service businesses and supplementing Title 26 of the Revised Statutes. Requires any food service business organized under the laws of New Jersey to provide clear and conspicuous written notice of major food allergens that the business knows or reasonably should know are contained as ingredients in each menu item, including temporary menu items. Information may be provided on the menu, via QR code, or on other written materials. Businesses must use common/usual allergen names or standardized icons approved by the Commissioner of Health. Exempts prepackaged foods subject to federal labeling. Takes effect the first day of the 13th month after enactment.
Key Provisions
Defines 'food service business,' 'major food allergen' (per 21 U.S.C. 321(qq)), 'menu' (including electronic and menu boards), 'quick reference code' (QR code), and 'temporary menu item' (<30 days/year). Requires written allergen notice for each menu item via: (1) directly on menu with adjacent statement at least as prominent as name/price, (2) QR code linking to a website with the info, or (3) other written materials (separate menu, chart, grid, booklet). Must use common/usual allergen names or Commissioner-approved standardized icons. Exempts prepackaged foods subject to federal labeling (21 U.S.C. 343). Department of Health/local board of health enforces via written notification upon complaint or suspicion. Commissioner of Health to adopt rules via Administrative Procedure Act.
Who This Bill Serves & Who's Backing It
Core Patient Populations
People with food allergies — including children, students, and their families.
Advocacy Groups Backing This Legislation
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Legislative Timeline
Implementation & Enforcement
Votes & Legislative History
Compliance & Requirements
An act to amend the public health law and the agriculture and markets law, in relation to food intolerances
Requires food service establishments and online ordering services to provide notices to staff and customers regarding food allergies and intolerances.
An act to amend the public health law, in relation to allergy awareness and training in restaurants
Requires food service establishments to provide allergy awareness training to staff and display information regarding major food allergens.
Strengthening Protections for Children with Food Allergies Act
The Strengthening Protections for Children with Food Allergies Act (H.R. 10228) would amend the Child Nutrition Act of 1966 to require food allergy identification and response training for staff in federal child nutrition programs, including the Child and Adult Care Food Program (CACFP) and summer meal programs. Introduced by Rep. Mark DeSaulnier (D-CA-10) on September 2, 2026, and referred to the House Committee on Education and Workforce.
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