Senate Bill No. 68, introduced by Senator Menjivar, aims to enhance food safety and manage major food allergens in retail food establishments across California. The bill amends Section 113820.5 of the Health and Safety Code and introduces Section 114093.5, which expands the list of recognized major food allergens to include sesame. It establishes new requirements for large and medium chain restaurants, as well as small chain and independent restaurants, to provide written notifications of allergens in their menu items starting July 1, 2026. This move is positioned as a necessary step to protect consumers, particularly those with food allergies.
The legislation is designed to improve transparency in foodservice by mandating that food facilities provide accessibility to allergen information. Restaurants are required to disclose known allergens in a clear and accessible manner, either directly on menus or in supplementary digital formats such as QR codes. While large chain and medium chain restaurants are expected to comprehensively inform patrons of potential allergens in menu items, small chain restaurants and independent restaurants are also tasked with similar obligations but are afforded some flexibility in how to present this information.
The impacts of SB68 on state law include the imposition of additional responsibilities on food establishments and local health agencies regarding allergen education and monitoring. This bill does not apply to mobile food operations or nonpermanent food facilities, focusing instead on those with a more stable consumer interaction. Additionally, it establishes a framework for the state to compensate local agencies for any costs incurred as a result of these new duties, albeit with constraints on reimbursement requirements.
Sentiment around the bill appears to be largely supportive among consumer advocacy groups, who emphasize the importance of food safety for individuals with allergies. However, some concerns have been raised regarding the potential burden on smaller establishments, which may face challenges in compliance compared to larger chains. Overall, the legislation encapsulates a growing concern for consumer health and safety while attempting to navigate the complexities of implementation across various types of food facilities.