The California Department of Public Health (CDPH) has issued official compliance guidelines for Senate Bill 68 (SB 68), also known as the Allergen Disclosure for Dining Experiences Act. Amending the California Retail Food Code, SB 68 requires covered food service facilities to provide written disclosure of major food allergens contained as ingredients in standard menu items.
Key Compliance Details
- Effective Date: July 1, 2026
- The 9 Major Allergens Covered:
- Fish
- Crustacean Shellfish
- Milk
- Eggs
- Tree Nuts
- Peanuts
- Wheat
- Soybeans
- Sesame
- Who Must Comply: Retail food facilities and restaurant chains with 20 or more locations operating under the same trade name and offering substantially the same menu items (covered under 21 U.S.C. § 343(q)(5)(H)).
- Exemptions: Compact mobile food operations, nonpermanent food facilities, and temporary menu “specials” or test items offered for less than 60 total days per year (or fewer than 90 consecutive days). Pre-packaged foods governed by federal labeling rules remain subject to FDA packaging requirements.
How Covered Restaurants May Disclose Allergens
- Direct Disclosure: Written on printed menus, menu boards, drive-thrus, kiosks, or online/mobile ordering apps (e.g., listing common names or using standardized pictograms).
- Digital Format + Written Backup: Via digital access (such as a QR code linking to an online allergen menu), provided that a physical/written alternative (e.g., an allergen matrix chart, grid, or booklet) is available on-site for guests who cannot access electronic formats.
Why This Matters for Seafood Distributors & Processors
While SB 68 directly targets restaurant operations, its impact will flow upstream to seafood suppliers, wholesalers, and processors across California:
- Increased Spec & Data Requests: Chain customers will require precise, verified allergen data sheets for all seafood shipments – specifically identifying Fish species vs. Crustacean Shellfish, as well as any sub-ingredients in value-added products, breadings, marinades, or sauces.
- Recipe & Substitution Tracking: Changes in raw ingredient sourcing, seasonings, or processing aids must be communicated promptly to food service clients to ensure their public allergen disclosures remain accurate and compliant.
For full guidance and FAQs, visit the CDPH SB 68 Major Food Allergens Portal or contact the Food and Drug Branch at FDBRetail@cdph.ca.gov.