If your restaurant is part of a chain of 20 or more locations operating under the same name and offering substantially the same menu items, or has registered voluntarily, the FDA menu labeling rule applies, and its definition of a menu includes "electronic menus; and menus on the Internet." Allergen rules for restaurants mostly come from state and local food codes, which often follow the FDA's model Food Code, plus a few state laws such as the Massachusetts menu notice. This guide is general information, not legal advice; your local health department is the authority for your restaurant.
Two different kinds of rules
Menu information online is shaped by two sets of rules that are easy to confuse:
- Nutrition and calorie labeling comes from a federal FDA regulation that applies to larger chains.
- Allergen information for restaurants comes mostly from state and local food codes and a handful of specific state laws.
They overlap on the same menu page, but they have different scopes and different authorities.
FDA menu labeling for chains
The FDA's menu labeling regulation is at 21 CFR 101.11 [1]. Key points from the regulation:
- It covers restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name "and offering for sale substantially the same menu items," plus establishments that register voluntarily to be covered [1].
- It defines a menu as the primary writing from which a customer makes an order selection, and that definition explicitly includes "electronic menus; and menus on the Internet" [1].
- Covered menus must show calories for standard menu items and carry the statement "2,000 calories a day is used for general nutrition advice, but calorie needs vary," with alternative wording allowed on children's menus [1].
- Menus must also state "Additional nutrition information available upon request," and that written information must be available on the premises and provided on request [1].
For a covered chain, that means the menus on your website, and any online ordering pages that work as menus, need the same calorie declarations and statements as the printed menus.
Third-party ordering platforms
In December 2023 the FDA issued a draft guidance, "Menu Labeling Supplemental Guidance (Edition 2)," which discusses the voluntary declaration of nutrition information for menus on third-party platforms [2]. It is a draft and labeled not for implementation [2], so treat it as an indication of the agency's thinking rather than a requirement.
Allergen information: the Food Code
The FDA publishes a model Food Code. The FDA itself says "the model Food Code is neither federal law nor federal regulation"; it is provided for adoption by state and local food regulatory jurisdictions [3]. Many states and localities base their rules on a version of it.
The 2022 Food Code includes a section (3-602.12) requiring written notification to consumers of the presence of major food allergens in unpackaged food, and sesame was added as the ninth major food allergen [3]. Whether that requirement applies to you depends on which version of the Food Code your state or county has adopted and how it is enforced locally.
State allergen laws
A few states have their own restaurant allergen laws. The Food Allergy & Anaphylaxis Connection Team (FAACT) tracks statewide restaurant legislation and lists Illinois, Maryland, Massachusetts, Michigan, Rhode Island and Virginia [4]. FAACT's summaries describe menu notices only for Massachusetts and Rhode Island; for the other states they describe staff training, certified managers or asking guests about allergies when they order [4].
| State | Menu-related requirement | Source |
|---|---|---|
| Massachusetts | A required notice on menus, with fixed wording; online menus count as printed menus | Massachusetts DPH Q&A [5] |
| Rhode Island | A notice on menus about the customer's obligation to tell the server about food allergies | FAACT summary [4] |
| Illinois | Allergen information through a form of written notification, which can include menu notification | Illinois DPH FAQ [6] |
| Maryland | Staff must ask patrons with known food allergies to tell the person taking the order | FAACT summary [4] |
Massachusetts in detail
The Massachusetts Department of Public Health's Q&A on its allergen awareness regulation (105 CMR 590.009(H)(2)) says printed menus must carry this notice: "Before placing your order, please inform your server if a person in your party has a food allergy." The notice must be clear and conspicuous, and alternative language is not permitted [5]. The same Q&A says online menus and menus distributed outside the establishment count as printed menus, while circulars and online announcements are not menus unless customers use them to order food [5].
Illinois in detail
The Illinois Department of Public Health's allergen FAQ says that if menu items contain a major food allergen, allergen information must be included using one of the methods of written notification, including menu notification [6]. It says a QR code can count as written notification, but that the establishment should consider whether a QR code is appropriate and provide physical copies to guests on request [6].
How to present allergen information online
Whatever rules apply to you, a few design practices make allergen information clearer:
- Use text, not only icons. An icon legend is helpful, but each mark should be explained in words once per page.
- Put the notice where guests read it. A required notice belongs at the top of the menu or next to the first section, not hidden in the footer.
- Keep one source of truth. If allergen details live in a separate document, link it from every menu and keep the dates matched.
- Say what you cannot promise. If your kitchen handles common allergens in shared spaces, a short, honest note about cross-contact is more useful than a vague claim.
- Invite questions. Tell guests how to ask about allergens before ordering, by phone or with staff.
Nutrition information beyond chains
Restaurants outside that definition, and that have not registered voluntarily, are not covered by the federal calorie labeling rule [1]. Some choose to share nutrition details anyway. If you do, make sure the numbers are accurate and kept current when recipes change.
Who to ask
Your local health department enforces the food code where you operate and can tell you which version applies. For chains, the FDA's menu labeling materials are the starting point. For legal questions, talk to your own attorney.
Frequently asked questions
Do the FDA calorie rules apply to a single restaurant?
The federal rule covers chains of 20 or more locations under the same name offering substantially the same menu items, and restaurants that register voluntarily. A single independent restaurant that has not registered is outside that definition.
Does an online ordering page count as a menu?
Under the FDA rule, menus include electronic menus and menus on the Internet. For a covered chain, online ordering pages used to select items generally need the same declarations. Confirm details with the FDA's guidance.
Can a QR code replace a printed allergen notice?
In Illinois, the health department says a QR code can count as written notification, but establishments should provide physical copies on request. Other states may differ.
Is sesame a major food allergen?
Yes. The FDA says sesame was added as the ninth major food allergen in federal law and in the 2022 Food Code.
Sources
Checked on October 29, 2026.
- Cornell Law School Legal Information Institute, 21 CFR 101.11, Nutrition labeling of standard menu items in covered establishments. Primary source
- U.S. Food and Drug Administration, Draft Guidance for Industry: Menu Labeling Supplemental Guidance (Edition 2). Issued December 13, 2023 as a draft. Primary source
- U.S. Food and Drug Administration, Addition to the 2022 Food Code - Sesame added as a Major Food Allergen. Primary source
- Food Allergy & Anaphylaxis Connection Team (FAACT), Statewide Restaurant Legislation. Secondary source
- Massachusetts Department of Public Health, Food Protection Program, Q&As for MDPH Allergen Awareness Regulation. Dated August 19, 2010, hosted by the Town of Hamilton. Primary source
- Illinois Department of Public Health, Allergen Requirements for Packaged, Unpackaged, and Bulk Labeling Frequently Asked Questions. Primary source
