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.
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
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 68
Introduced by Senator MenjivarJanuary 13, 2025
Introduced by Senator Menjivar
January 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 DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 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.
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
## Bill Text
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.
The people of the State of California do enact as follows:
## 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).
SECTION 1. Section 113820.5 of the Health and Safety Code is amended to read:
### SECTION 1.
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).
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).
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).
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. 2. Section 114093.5 is added to the Health and Safety Code, to read:
### SEC. 2.
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.
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.
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.
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.
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.
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.
### SEC. 3.
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.