Food Allergens

Allergens

Unintended exposure to food allergens is a serious risk for consumers with food allergies.

  • A food allergy can cause health effects when certain foods are eaten. Often only a small amount of food can cause an allergic reaction. Symptoms can include hives, swelling, coughing, nausea, vomiting, diarrhea, and difficulty breathing (anaphylaxis). These can also be life threatening.
  • A food intolerance can also cause symptoms. These can be serious, but are not usually life-threatening. Symptoms may include nausea, vomiting, and diarrhea.
  • In the United States, the leading causes of food allergies are identified as Major Food Allergens:
    • Milk
    • Eggs
    • Fish (such as bass, flounder, cod)
    • Crustacean Shellfish (such as crab, lobster, shrimp)
    • Tree nuts (such as almonds, walnuts, pecans)
    • Peanuts
    • Wheat
    • Soybeans
    • Sesame

Requirements for Food Service Establishments

All food service establishments must post a copy of the Food Allergen/Intolerance Notice in a easy to see location for food workers. The notice must be in at least one language understood by every employee.

Menus

  • These requirements apply to all food service establishment types, including restaurants, school food service operations, temporary and mobile food service.
  • All menus, including those offered online, must include one of the following, in the same language as the menu:
    • This statement: "If you have a food allergy or intolerance, please notify us." OR
    • Allergen information for each prepared food item offered on the menu, such as "Contains peanuts.” OR
    • A statement that notifies customers that allergen information is available, such as "Allergen information for menu items is available. Ask an employee for details."
  • Establishments with online menus for delivery or takeout orders must provide a method for customers to inform the establishment if they have a food allergy or intolerance, unless the establishment lists allergen information for each menu item.

Packaged Food

  • Food service establishments that package foods prior to order that are available for customer self-service must label the foods with any of the major allergens present in the food item. This requirement does not apply to foods packaged for ease of service and held under the operator’s control. Examples of foods this applies to:
    • Sandwiches, salads, and yogurt parfaits held in a grab-and-go cooler for customer self-service
  • Examples of foods this does not apply to:
    • Condiment cups of salad dressing pre-portioned and held in the kitchen refrigerator until needed
    • Individual servings of salads packaged in to-go containers and held in a refrigerator behind the counter until they are added to take-out orders
    • Burgers and other sandwiches that are wrapped and held in a warming chute behind the counter before being added to orders by employees
  • Foods that are available for customer self-service but not packaged by the establishment prior to order do not need to be labeled with major allergens. Examples include:
    • Carafes of milk, half and half, or other creamers for customers to add to coffee
    • Containers of hot sauce or salsa available for customers to add to food items
    • Bottles of ketchup, mustard, tartar sauce, and other condiments for customers to dispense into smaller containers or add directly to food items
    • Self-service machines that dispense beverages such as milk or desserts such as soft serve ice cream

Specific Requirements and Exemptions

  • When declaring fish, tree nuts, or crustacean shellfish as allergens on a menu or packaged food label, the type of nut or species of fish/crustacean shellfish must be listed (e.g., “Contains Cod” or “Contains Cashews” or “Contains Shrimp”).
  • Highly refined oils made from major food allergens (e.g., highly refined peanut or sesame oil) are exempt from the labeling requirements outlined in Public Health Law 1356 and 1357. The process of making highly refined oils includes heat and chemical methods that remove the proteins that cause allergic reactions.
  • Unrefined, cold-pressed, or expeller-pressed oils (e.g., cold-pressed avocado or flaxseed oil) are not highly refined, and major allergen proteins that can trigger a reaction may be present in the product. Foods containing these oils must be labeled with the major allergen present.