Food Allergens USA: What Every Restaurant Must Know

In the United States, food allergen regulations are overseen by the Food and Drug Administration (FDA) under the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the Food Safety Modernization Act (FSMA). Restaurants and food businesses must provide accurate allergen information to protect consumers from severe allergic reactions.

Major Food Allergens

The FALCPA mandates the disclosure of the following nine major allergens on packaged foods:

• Milk
• Eggs
• Fish (e.g., salmon, tuna)
• Crustacean shellfish (e.g., crab, shrimp)
• Tree nuts (e.g., almonds, walnuts)
• Peanuts
• Wheat
• Soybeans
• Sesame (added in 2023 under the Food Allergy Safety, Treatment, Education, and Research [FASTER] Act)

Allergen Labelling for Packaged Foods

• Allergenic ingredients must be explicitly named in ingredient lists.
• The label must include a "Contains" statement (e.g., "Contains: Milk, Eggs").

Restaurant & Foodservice Compliance

• While FALCPA does not directly regulate restaurants, many states and local health departments enforce allergen awareness rules.
• Some states (e.g., Massachusetts, Illinois, Rhode Island) require restaurants to provide allergen training for staff.

FSMA & Allergen Cross-Contact Prevention

• The Food Safety Modernization Act requires businesses to implement allergen controls to prevent cross-contact.
• Allergen-free foods must be handled separately to avoid contamination.

Failure to comply can lead to FDA warnings, recalls, lawsuits, and reputational damage. Severe violations may result in business shutdowns or liability for customer harm.