The Growing Need for Food Allergy Compliance in Restaurants

Preparing Operators for the Allergy-Safe Future of Restaurants

Approximately five years ago, when my daughter was just two years old, we confirmed through allergist testing that she had multiple severe food allergies—cashews, pistachios, sesame seeds, peas, and lentils. While some of these would result in immediate and intense gastrointestinal distress, others carried a much graver risk: anaphylaxis.

We’ve since pursued oral immunotherapy to reduce the threat of severe reactions, but despite our vigilance, we’ve still found ourselves rushing to the ER after a couple of restaurant meals. In nearly every instance, the culprit wasn’t an obvious allergen—it was something hidden: a blended oil, a co-packed sauce, or an off-site manufactured item that staff were unaware contained allergens.

One especially alarming experience involved a well-known Italian restaurant brand generating over $500 million in annual revenue. We were assured a particular soup was allergen-free, only to discover after my daughter’s reaction that it had been made with a sesame/olive oil blend at a third-party co-packing facility. No one on the floor—or even in the kitchen—had been informed. It was only after contacting upper management that we learned the truth.

As a parent and restaurant consultant, the above experience was a wake-up call. Food allergies aren’t a fringe issue – they’re a daily reality for millions. In the United States, an estimated 32 million people (including about 1 in 13 children) have food allergies (Source: WaiterWallet). For these families, dining out can be a stressful tightrope walk. Without clear information about ingredients, they’re often left guessing what’s safe. The stakes couldn’t be higher: up to 1 in 4 serious allergic reactions happen while dining out, and nearly half of food allergy-related deaths have been linked to restaurant meals (Source: Kids With Food Allergies)

From School Cafeterias to Restaurant Kitchens: A Growing Urgency

The urgency of allergen safety is gaining national attention. In April 2025, U.S. Senator Dick Durbin introduced the bipartisan Protecting Children with Food Allergies Act to establish uniform food allergy protocols in school cafeterias. This legislation would ensure school food service personnel receive annual training on food allergies – preparing them to prevent and respond to allergic reactions. Durbin noted that when parents send kids to school, they deserve peace of mind that staff are equipped to handle their child’s allergies. (Source: Office of Senator Dick Durbin)

Though aimed at schools, Durbin’s initiative is a bellwether for the entire food service industry. If we expect such vigilance in every cafeteria, can restaurants be far behind? The writing is on the wall: food allergy safety is becoming a public mandate. In fact, the recent 2022 update to the FDA’s Food Code calls for restaurants and other food retailers to provide written notice of major allergens in the foods they serve. The FDA notes that patrons with allergies depend on allergen info “made available either verbally or written” by the establishment. While the Food Code is a model guideline, not law, most states will continue to adopt its recommendations in time. (Source: Perkins Coie Law Firm) Forward-looking restaurant operators are wise to anticipate that what’s voluntary today could be mandatory tomorrow.

It wouldn’t be unprecedented. Several states already have restaurant allergy-safety laws on the books. Massachusetts, for example, pioneered allergen awareness regulations over a decade ago. Five states – including Massachusetts, Maryland, Michigan, Rhode Island, and Virginia – now have laws to make dining out safer for people with food allergies. (Source: FoodAllergy.org) These often require measures like allergen notice posters in kitchens, menu advisories, or having a certified food-protection manager trained in allergen safety on staff. 

What’s been a patchwork is swiftly evolving into a national conversation. Restaurant owners should pay close attention: when senators start talking about allergy protocols in schools, similar expectations for restaurants may not be far off.

California’s ADDE Act: Transparency on the Menu

If you want a glimpse of the future of restaurant regulation, look to my state of California. State lawmakers have introduced Senate Bill 68 – the Allergen Disclosure in Dining Establishments (ADDE) Act. If passed, this law would require every restaurant in California to list the top 9 major food allergens on their menus (Source: Kids With Food Allergies). Milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, and sesame would need to be clearly identified for each menu item. This kind of comprehensive menu labeling is already common in parts of Europe, but it would be the first law of its kind in the United States.

The impetus for the ADDE Act is both data-driven and personal. California is home to an estimated 2.5 million people with food allergies. Tragically, we’ve seen why transparency matters: nearly half of fatal food allergy reactions nationwide trace back to a restaurant meal. In one recent case, a 34-year-old woman in Los Angeles died after eating something she was allergic to at a catered event – a tragedy advocates believe could have been prevented with clearer allergen info. California State Senator Caroline Menjivar, who lives with severe food allergies herself, introduced SB 68 after hearing from a 9-year-old constituent, Addie, about how hard it is to dine out safely as a kid with allergies. Their message was simple: diners deserve menus that are easy to navigate for allergens. (Source: Kids With Food Allergies)

Not everyone is on board initially – some in the restaurant industry voice concern that redesigning menus and tracking allergens for every dish adds yet another burden on an already challenging business (Source EaterSF). The California Restaurant Association has argued that implementation might be costly or cumbersome for independent restaurants. These concerns are valid; changing menus and recipes is no small task. 

However, momentum is clearly toward greater disclosure. The ADDE Act has strong support from allergy advocacy groups and medical organizations who see it as a long-overdue safety measure. It has already cleared key committees and is making its way through the legislature. If California moves ahead, national chains and forward-thinking independents are likely to follow, if only because a California law would effectively set a new norm. (After all, few brands will print one set of allergen-friendly menus for California and another for the rest of the country.)

Inside the Kitchen: The Allergen Challenge Nobody Sees

Regulations and laws aside, let’s talk about the day-to-day reality in restaurant kitchens. Even the most well-intentioned team can struggle with allergen safety amid the hustle of service. One big challenge is unseen ingredients – those hidden or secondary ingredients that aren’t obvious even to experienced chefs. In a world of distributed supply chains, many restaurants rely on pre-made sauces, spice mixes, or co-packed products from vendors. If the label on a jug of dressing or a marinade isn’t crystal clear (or if a vendor’s formula changes without notice), how is a line cook or sous chef to know it contains, say, traces of peanuts or a splash of fish sauce?

Meanwhile, front-of-house staff are on the firing line with allergic guests’ questions. A guest asks if a dish contains nuts, gluten, or dairy. Does the server know every ingredient by heart? Perhaps the chef can be asked, but what if it’s during a rush or the chef is unavailable right when an immediate answer is needed? All too often, not all staff are fully informed about allergen risks in every dish, especially if communication in the restaurant is ad hoc. 

High staff turnover, common in our industry, can make consistent knowledge a moving target. A dish that was safe last week might quietly switch suppliers this week and no longer be safe, and the news doesn’t always trickle down to every server and line cook.

Plus, there is the daily strain on the kitchen that can leave staff wanting to pull their hair out. In terms of fine dining, Chef Kenny Robinson, observed, “10-15 times an evening, we have servers inquiring about food allergies. There has to be a better way than word of mouth.” 

This kind of scenario isn’t just hypothetical. In 2017, a teenager in the U.K. tragically died after eating a restaurant meal he was told was safe for his dairy allergy – only to discover too late that the grilled chicken had been marinated in buttermilk. He had informed the staff of his allergy, and the menu gave no hint of dairy in that item, yet a simple miscommunication proved fatal. In the inquest that followed, his family made a poignant statement: relying on verbal assurances in a noisy, chaotic restaurant with frequent staff turnover is “simply not good enough”. They called for clear allergen labeling on every dish. (Source: People Magazine) 

It’s a sobering reminder that one slip-up in communication or a single undisclosed ingredient can cost a life. The operational stress on restaurant teams is immense when this information isn’t systematically managed — chefs, managers, and servers are essentially playing an ongoing game of telephone about ingredients, with a person’s safety on the line each time.

Lead the Change, Don’t Chase It

For hospitality leaders and restaurant professionals, the message is clear: we can either proactively embrace allergen safety or eventually be forced to do so. Rather than viewing emerging regulations as a threat or burden, savvy restaurants see an opportunity to lead the change. Food allergy compliance, at its heart, is about taking care of people – the very essence of hospitality. By getting ahead of the curve, you’re not just avoiding legal risk; you’re differentiating your business as one that truly cares about guests’ well-being.

Now is the time to build allergy protocols into your operations – before you’re backed into it by law or, worse, by a preventable incident. Consider what “gold standard” allergy safety looks like in a restaurant context (many establishments are already trailblazing these practices). This means doing more than the bare minimum. Some examples:

• Transparent Menu Labeling: Identify the major allergens in each menu item, either directly on the menu or in a separate allergen guide that guests can easily access. Don’t make diners play detective – spell it out. If a sauce contains fish or a dessert was made in a facility with nuts, let people know up front. This builds trust and prevents dangerous assumptions.
  
• Clear Kitchen Protocols: Establish standard operating procedures for handling allergy orders. 
  * Chefs can designate a separate prep area or cutting board for allergen-free meals and use color-coded utensils that never mix with common prep.
  * Fryers and oils should be segregated when possible (e.g., don’t fry the gluten-free fries in the same oil as breaded onion rings). 
  * When an allergy ticket comes in, maybe only one cook handles that dish from start to finish, as some kitchens practice, to reduce confusion. Consistency is key – the whole team should know the drill for an allergy-safe order.
• Staff Training and Communication: Train every member of your team – front and back of house – on food allergy awareness and emergency response. This isn’t a one-and-done training; build it into regular staff meetings or annual certifications. Make sure everyone knows the Big 9 allergens by heart, can recognize the signs of an allergic reaction, and understands the protocol if a guest says they have an allergy. Create a culture where servers always feel comfortable double-checking with the kitchen, and where the kitchen welcomes those questions. Also, appoint a point person each shift who is extra-knowledgeable on allergens – someone who can confidently answer questions or liaise with guests as needed.
  
• Ingredient Accountability: Maintain an up-to-date ingredient binder or digital database for all recipes and products in your kitchen. This includes the “ingredients within the ingredients” for any premade components. If you’re using a new marinade from a supplier, you should have its ingredient list on file. Vendors should be part of this conversation – ask your suppliers for allergen info and updates whenever they change a formulation. Encourage a system where if anyone in the kitchen adjusts a recipe or substitutes an ingredient, they alert the whole staff (and update your allergen info accordingly). It’s work, but it prevents nasty surprises.
  

By implementing steps like these, restaurants can transform allergy compliance from a headache into a point of pride. Many establishments that have adopted robust allergy protocols report that it actually streamlines service in the long run – staff aren’t left scrambling when an allergic guest comes in, because everyone knows the playbook. 

Even more, it earns customer loyalty. Parents of allergic kids, for instance, talk to each other; a truly allergy-aware restaurant quickly becomes a trusted haven in a world full of risks. On the flip side, one bad reaction incident can severely damage a restaurant’s reputation (not to mention the moral weight if someone is harmed). It’s simply good business and good ethics to get ahead of this issue.

And don’t forget: embracing allergen safety can galvanize your team’s sense of purpose. Hospitality folks are in this business because we care about people. Keeping guests safe is as core to that mission as cooking great food or providing a beautiful ambience. When you train your staff on allergen protocols, you’re empowering them to deliver hospitality at a deeper level. You’re saying every guest matters, and no one should have to fear for their life when eating at your establishment.

Embracing Solutions and Building Trust

The path forward doesn’t have to be walked alone. An ecosystem of resources is emerging to help restaurants navigate these challenges. (The National Restaurant Association, for example, offers ServSafe Allergens training; advocacy groups like FARE provide toolkits for restaurants.) Technology is stepping up too – from digital menu platforms that can automatically flag allergens to inventory systems that track ingredient changes. In fact, Chef Kenny and I are working with a duo of seasoned tech co-founders to develop a new solution to streamline allergen management for hospitality businesses. Our goal is to make it easier for restaurants to label dishes, track ingredients, and communicate with guests about allergens in real time. This isn’t a sales pitch – it’s an acknowledgement that industry-wide, smart minds are tackling this problem. Help is on the way, and early adopters will find it ever simpler to implement allergy-friendly practices.

Ultimately, food allergy compliance isn’t just about laws or avoiding liability; it’s about trust and safety, the bedrocks of hospitality. Every time an allergic guest sits at your table and entrusts you with their well-being, that’s an opportunity to prove what kind of establishment you are. By taking allergies seriously and embracing the coming changes, you demonstrate that your commitment to guest care goes beyond the ordinary.

While I mostly cook at home due to my daughter’s significant food allergies, I’m in the restaurant business and professionally required to eat out regularly. I am a repeat and frequent guest to the restaurants I know that take my safety concerns for my daughter’s allergies with as much caution as I do. 

In closing, remember that regulations like the ADDE Act or Senator Durbin’s school protocols are not about burdening restaurants – they’re about saving lives and including everyone at the table. Our industry thrives on making people feel welcome. As food allergy awareness rises, the most welcoming thing we can do is ensure that every guest – no matter their dietary restriction – knows they’ll be taken care of. By getting ahead of allergen compliance, we don’t just protect our businesses from risk; we actively create a safer, more inclusive dining experience for a growing segment of our community. That’s the kind of leadership that elevates the entire hospitality profession. And it’s the kind of legacy any restaurant should be proud to build.

About the author

Melissa Rosen is Founder and Principal Consultant of Be My Guest restaurant consultancy. She is expert in boosting restaurant success via expert branding, strategic menu development, franchise-ready concept creation, profitable tech partnerships and diversified revenue strategies.

Melissa brings over 20 years of small business operating experience and top industry connections to her clients. Her career and own business innovations have allowed her to master the full spectrum of entrepreneurial endeavors. Melissa’s passion for self-employment, restaurants, recipe creation, product development, body autonomy, branding, community engagement, compassionate management, and disruptive retail models is contagious.

As an early adopter of technological innovations in the restaurant space, she’s long been on the cutting edge of consumer habits and industry trends. From cloud based POS systems to third party delivery apps to healthy vending machines to Bitcoin ATMs, she advocates thoughtfully researched risk taking. Her skill set rests in advising fellow entrepreneurs on how to start and evolve their businesses. Her out-of-the-box thinking coupled with practical implementation methods allow her to breakdown big visions into achievable milestones with her clients. Melissa is an active member of Cayuga Hospitality Consultants.

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