California 2025-2026 Regular Session

California Senate Bill SB68 Compare Versions

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11 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 68Introduced by Senator MenjivarJanuary 13, 2025 An act to amend Section 113820.5 of, and to add Section 114093.5 to, the Health and Safety Code, relating to major food allergens. LEGISLATIVE COUNSEL'S DIGESTSB 68, as introduced, Menjivar. Major food allergens.Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce those provisions. Existing law makes a person who violates a provision of the code guilty of a misdemeanor.Existing law requires the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. Existing law requires a food handler to obtain a food handler card from a specified training provider after completing a food handler training course and examination that covers, among other things, major food allergens and symptoms of allergic reactions. This bill would add sesame to the list of major food allergens. The bill, commencing July 1, 2026, would require a food facility that serves or sells restaurant-type food to the consumer to include on all of its menus written notification of the major food allergens contained as an ingredient in each menu item, as specified. By expanding the scope of existing crimes and by imposing new duties on local health officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 113820.5 of the Health and Safety Code is amended to read:113820.5. (a) Major food allergen means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.(5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.(6) Wheat.(7) Peanuts.(8) Soybeans.(9) Sesame. (9)(10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.(b) Major food allergen does not include either of the following:(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.(2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).SEC. 2. Section 114093.5 is added to the Health and Safety Code, to read:114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements: (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item. (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens. (b) For purposes of this section, the following definitions apply:(1) Major food allergen has the same meaning as defined in Section 113820.5. (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.(3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
22
33 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 68Introduced by Senator MenjivarJanuary 13, 2025 An act to amend Section 113820.5 of, and to add Section 114093.5 to, the Health and Safety Code, relating to major food allergens. LEGISLATIVE COUNSEL'S DIGESTSB 68, as introduced, Menjivar. Major food allergens.Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce those provisions. Existing law makes a person who violates a provision of the code guilty of a misdemeanor.Existing law requires the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. Existing law requires a food handler to obtain a food handler card from a specified training provider after completing a food handler training course and examination that covers, among other things, major food allergens and symptoms of allergic reactions. This bill would add sesame to the list of major food allergens. The bill, commencing July 1, 2026, would require a food facility that serves or sells restaurant-type food to the consumer to include on all of its menus written notification of the major food allergens contained as an ingredient in each menu item, as specified. By expanding the scope of existing crimes and by imposing new duties on local health officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
55
66
77
88
99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
1010
1111 Senate Bill
1212
1313 No. 68
1414
1515 Introduced by Senator MenjivarJanuary 13, 2025
1616
1717 Introduced by Senator Menjivar
1818 January 13, 2025
1919
2020 An act to amend Section 113820.5 of, and to add Section 114093.5 to, the Health and Safety Code, relating to major food allergens.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 SB 68, as introduced, Menjivar. Major food allergens.
2727
2828 Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce those provisions. Existing law makes a person who violates a provision of the code guilty of a misdemeanor.Existing law requires the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. Existing law requires a food handler to obtain a food handler card from a specified training provider after completing a food handler training course and examination that covers, among other things, major food allergens and symptoms of allergic reactions. This bill would add sesame to the list of major food allergens. The bill, commencing July 1, 2026, would require a food facility that serves or sells restaurant-type food to the consumer to include on all of its menus written notification of the major food allergens contained as an ingredient in each menu item, as specified. By expanding the scope of existing crimes and by imposing new duties on local health officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
2929
3030 Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce those provisions. Existing law makes a person who violates a provision of the code guilty of a misdemeanor.
3131
3232 Existing law requires the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. Existing law requires a food handler to obtain a food handler card from a specified training provider after completing a food handler training course and examination that covers, among other things, major food allergens and symptoms of allergic reactions.
3333
3434 This bill would add sesame to the list of major food allergens. The bill, commencing July 1, 2026, would require a food facility that serves or sells restaurant-type food to the consumer to include on all of its menus written notification of the major food allergens contained as an ingredient in each menu item, as specified. By expanding the scope of existing crimes and by imposing new duties on local health officials, this bill would impose a state-mandated local program.
3535
3636 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
3737
3838 This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
3939
4040 With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
4141
4242 ## Digest Key
4343
4444 ## Bill Text
4545
4646 The people of the State of California do enact as follows:SECTION 1. Section 113820.5 of the Health and Safety Code is amended to read:113820.5. (a) Major food allergen means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.(5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.(6) Wheat.(7) Peanuts.(8) Soybeans.(9) Sesame. (9)(10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.(b) Major food allergen does not include either of the following:(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.(2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).SEC. 2. Section 114093.5 is added to the Health and Safety Code, to read:114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements: (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item. (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens. (b) For purposes of this section, the following definitions apply:(1) Major food allergen has the same meaning as defined in Section 113820.5. (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.(3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
4747
4848 The people of the State of California do enact as follows:
4949
5050 ## The people of the State of California do enact as follows:
5151
5252 SECTION 1. Section 113820.5 of the Health and Safety Code is amended to read:113820.5. (a) Major food allergen means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.(5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.(6) Wheat.(7) Peanuts.(8) Soybeans.(9) Sesame. (9)(10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.(b) Major food allergen does not include either of the following:(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.(2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
5353
5454 SECTION 1. Section 113820.5 of the Health and Safety Code is amended to read:
5555
5656 ### SECTION 1.
5757
5858 113820.5. (a) Major food allergen means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.(5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.(6) Wheat.(7) Peanuts.(8) Soybeans.(9) Sesame. (9)(10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.(b) Major food allergen does not include either of the following:(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.(2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
5959
6060 113820.5. (a) Major food allergen means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.(5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.(6) Wheat.(7) Peanuts.(8) Soybeans.(9) Sesame. (9)(10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.(b) Major food allergen does not include either of the following:(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.(2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
6161
6262 113820.5. (a) Major food allergen means all of the following:(1) Milk.(2) Eggs.(3) Fish, including, but not limited to, bass, flounder, and cod.(4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.(5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.(6) Wheat.(7) Peanuts.(8) Soybeans.(9) Sesame. (9)(10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.(b) Major food allergen does not include either of the following:(1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.(2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
6363
6464
6565
6666 113820.5. (a) Major food allergen means all of the following:
6767
6868 (1) Milk.
6969
7070 (2) Eggs.
7171
7272 (3) Fish, including, but not limited to, bass, flounder, and cod.
7373
7474 (4) Crustacean shellfish, including, but not limited to, crab, lobster, and shrimp.
7575
7676 (5) Tree nuts, including, but not limited to, almonds, pecans, and walnuts.
7777
7878 (6) Wheat.
7979
8080 (7) Peanuts.
8181
8282 (8) Soybeans.
8383
8484 (9) Sesame.
8585
8686 (9)
8787
8888
8989
9090 (10) A food ingredient that contains protein derived from a food listed in paragraphs (1) to (8), (9), inclusive.
9191
9292 (b) Major food allergen does not include either of the following:
9393
9494 (1) A highly refined oil derived from a food specified in paragraphs (1) to (8), (9), inclusive, of subdivision (a) and any ingredient derived from that highly refined oil.
9595
9696 (2) An ingredient that is exempt under the petition or notification process specified in the federal Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).
9797
9898 SEC. 2. Section 114093.5 is added to the Health and Safety Code, to read:114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements: (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item. (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens. (b) For purposes of this section, the following definitions apply:(1) Major food allergen has the same meaning as defined in Section 113820.5. (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.(3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code.
9999
100100 SEC. 2. Section 114093.5 is added to the Health and Safety Code, to read:
101101
102102 ### SEC. 2.
103103
104104 114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements: (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item. (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens. (b) For purposes of this section, the following definitions apply:(1) Major food allergen has the same meaning as defined in Section 113820.5. (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.(3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code.
105105
106106 114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements: (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item. (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens. (b) For purposes of this section, the following definitions apply:(1) Major food allergen has the same meaning as defined in Section 113820.5. (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.(3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code.
107107
108108 114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements: (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item. (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens. (b) For purposes of this section, the following definitions apply:(1) Major food allergen has the same meaning as defined in Section 113820.5. (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.(3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations. (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code.
109109
110110
111111
112112 114093.5. (a) Commencing July 1, 2026, a food facility that serves or sells restaurant-type food to the consumer shall include on all of its menus written notification of major food allergens contained as an ingredient in each menu item in accordance with both of the following requirements:
113113
114114 (1) If one or more major food allergens are contained in a menu item, the menu item shall be followed by a written statement below the menu item indicating the major food allergens contained in the menu item.
115115
116116 (2) Written statements required by paragraph (1) shall use common or usual names of the major food allergens.
117117
118118 (b) For purposes of this section, the following definitions apply:
119119
120120 (1) Major food allergen has the same meaning as defined in Section 113820.5.
121121
122122 (2) Menu has the same meaning as menu or menu board, as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.
123123
124124 (3) Restaurant-type food has the same meaning as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.
125125
126126 (c) This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code.
127127
128128 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
129129
130130 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
131131
132132 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
133133
134134 ### SEC. 3.
135135
136136 However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.