Here is the short version. If your restaurant is part of a chain with 20 or more locations, federal law requires you to post calories for standard menu items on every menu and menu board, including your online menu, along with two short statements. There is still no federal rule that makes restaurants list allergens on the menu. But in 2026 that gap is closing fast at state level: California and Virginia now require written allergen information, and New York City adds its own sodium and sugar warnings. This guide walks through each layer and ends with a checklist you can use this week.
Calories: mandatory for chains with 20+ locations (21 CFR 101.11, in force since May 7, 2018). Allergens: nine major allergens since sesame was added on January 1, 2023. Not federally required on restaurant menus, but required in writing by California (chains, since July 1, 2026) and Virginia (food establishments, since September 10, 2026). NYC: sodium and added-sugar warning icons for chains with 15+ locations.
This article is general information, not legal advice. Rules differ by state, county and city, and your local health department has the final say on how they apply to you.
Who has to follow FDA menu labeling?
The federal menu labeling rule lives in 21 CFR 101.11. It applies to a "covered establishment": a restaurant or similar retail food establishment that is part of a chain with 20 or more locations, doing business under the same name and offering substantially the same menu items. That includes fast food and sit-down chains, but also coffee chains, bakery cafes, convenience stores and grocery stores that sell restaurant-type food. FDA set May 7, 2018 as the compliance date.
If you run a single restaurant or a small group, the federal rule does not apply to you. There is one twist: an establishment that is not part of a 20+ chain can voluntarily register with FDA to be covered. Some small groups do this because registered businesses are no longer subject to non-identical state or local nutrition labeling requirements, so they follow one national standard instead of a patchwork.
What has to appear on the menu
Covered establishments need four things in place:
Combination meals and shareable items have their own formats. A multi-serving item like a pizza can show calories for the whole item ("pizza pie: 1600 cal") or per unit ("200 cal/slice, 8 slices"). A combo with two options uses a slash ("350/450 calories"), and three or more options use a range ("350-500 calories"). Self-service food and food on display, such as a salad bar or bakery case, need calories on a sign close to and clearly associated with each item.
Yes, your website and app count
This is the point many operators miss. The regulation defines a menu as the primary writing a customer orders from, and it expressly lists electronic menus and menus on the Internet. If a covered chain lets guests order from its website, app or a digital menu, the calories and statements belong there too. A QR code menu that customers order from is held to the same standard as the printed one.
What is exempt
| Exemption | What it covers |
|---|---|
| Daily specials | Items prepared and offered on a particular day, not routinely listed on the menu. |
| Temporary menu items | Items that appear on the menu for less than a total of 60 days per calendar year. |
| Market tests | Items on the menu for less than 90 consecutive days to test customer acceptance. |
| Custom orders | Food prepared a specific way at an individual customer's request. |
| Condiments for general use | Ketchup, mustard and similar items on the table or at the counter for everyone. |
Calorie numbers also need a reasonable basis. FDA accepts nutrient databases, cookbooks, lab analysis and similar methods, but you must be able to show your work. On request, a covered establishment has to provide the information behind its figures, such as the database name and version, the recipe and any analysis worksheets.
Allergens: nine major allergens, and sesame is the newest
The US recognizes nine major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. The first eight come from the Food Allergen Labeling and Consumer Protection Act of 2004. Sesame was added by the FASTER Act, signed on April 23, 2021, with the change effective on January 1, 2023.
Those laws govern packaged food labels. They do not require a restaurant to print allergens on its menu, so the honest answer to "Do US restaurants have to list allergens?" is: not under federal law. Sesame still matters to you. FDA has noted that some manufacturers began intentionally adding sesame to products that did not contain it before, and labeling it. A bun or sauce that was sesame-free in 2022 may not be today. And the Food Code and new state laws reference all nine allergens.
What the FDA Food Code says
The FDA Food Code is a model code. It has no force until a state, county or city adopts it, but most jurisdictions base their retail food rules on some edition of it. The 2022 Food Code calls for written notification to consumers of major food allergens in unpackaged food (section 3-602.12). FDA says this can be done physically or electronically: brochures, menu notifications, table tents, placards or other effective written means. It also expects employee training to cover food allergy awareness for all nine allergens.
FDA released a 2026 edition of the Food Code in September 2026. Its summary of changes adds a Major Food Allergen Framework document and revises the definition of cross-contact. Which edition applies to you depends on what your jurisdiction has adopted, so ask your health department.
State and city rules that go further
Federal law sets the floor for calories. For allergens and some nutrition warnings, states and cities have built their own rules. These are the ones we were able to verify against official sources:
| Where | Who | What it requires |
|---|---|---|
| California (SB 68) | Chains already covered by federal menu labeling (20+ locations) | Since July 1, 2026: written notice of which of the 9 major allergens are in each menu item, on the menu or in a digital format, with an alternative for guests without technology. |
| Virginia | Food establishments (VDH food regulations) | Since September 10, 2026: disclose major food allergens in packaged or unpackaged food. Words, icons or numbers with a legend, a handout, or a QR code to written information. |
| Massachusetts | Food establishments covered by the allergen awareness rules | A clear notice on printed menus and menu boards asking customers to tell their server about food allergies before ordering, plus a staff poster and manager allergen training. |
| Rhode Island | Food-service establishments | A menu notice reminding customers to inform the server about any food allergies, plus a food allergy awareness poster in the staff area. |
| New York City (sodium) | Chains with 15+ locations nationwide | Salt-shaker warning icon next to items with 2,300 mg of sodium or more, plus a warning statement at the point of purchase. |
| New York City (added sugars) | Chains with 15+ locations nationwide | Since October 4, 2025: warning icon next to prepackaged items (and identical non-packaged versions) with 50 g or more of added sugars, plus a warning statement. |
California SB 68: allergens on chain menus
California became the first state to require allergen disclosure on restaurant menus. Under SB 68, signed in October 2025, food facilities subject to federal menu labeling must, since July 1, 2026, give written notice of the major food allergens they know, or reasonably should know, are ingredients in each menu item. The information can go directly on the menu or in a digital format, and the author's office notes that a digital menu must also be offered in an alternative format for people without access to technology. Mobile food operations and temporary facilities are excluded.
Virginia: all food establishments, not just chains
Virginia's updated food regulations took effect on September 10, 2026. Food establishments must now disclose the presence of any major food allergen in packaged or unpackaged food. The Virginia Department of Health gives practical options: list allergens after menu items with words, icons or numbers (with a legend), offer a standalone handout showing which dishes contain which allergens, or use a QR code that links to written allergen information. You do not have to reprint your menus to comply.
New York City: sodium and added-sugar warnings
NYC does not ask for allergens on menus, but chains with 15 or more locations nationwide face two warning rules. The sodium rule, enforced since 2016, requires a salt-shaker icon next to any item with 2,300 mg of sodium or more. The added-sugars rule, in effect since October 4, 2025, requires an official warning icon next to prepackaged items, and identical non-packaged versions, with 50 grams or more of added sugars. Both come with a warning statement displayed where customers order, and NYC Health says restaurants must use the official icon files.
Practical checklist for US operators
- 1Confirm whether you are covered — Count locations under the same name with substantially the same menu. 20 or more means federal menu labeling applies; 15 or more matters in NYC.
- 2Audit every menu surface — Printed menus, menu boards, drive-thru boards, your website, your app and online ordering pages. Each one that shows standard items needs calories.
- 3Keep your nutrient files — FDA expects a reasonable basis for each calorie figure (database, lab analysis or recipe calculations) and can ask to see it.
- 4Map the 9 allergens per item — Milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame. Check supplier labels for sesame in buns, sauces and breads.
- 5Check your state and city — California, Virginia, Massachusetts, Rhode Island and NYC all add their own layer. Your local health department is the final word.
- 6Train the team — Staff should know where the allergen information lives and how to answer "Does this contain sesame?" without guessing.
- 7Re-check after every menu change — New supplier, new sauce, limited-time offer past 60 days: update calories and allergens before the item goes live.
If you also operate outside the US, the rules look quite different. Our UK, EU and US menu compliance guide compares all three regions side by side, and the EU 14 allergens guide covers the European list, which differs from the US nine.
Where a digital menu helps
The hard part is not the law. It is keeping calories and allergens accurate on the printed menu, the menu board, the website and the delivery listing every time a recipe or supplier changes. One digital source that feeds every channel makes that easier. MenuMan, an AI-powered transparent QR menu platform, turns a photo of your menu into a multilingual digital menu with allergens, calories and ingredients per item, which you review before publishing; the free plan includes 10 AI credits. Whatever tool you use, check the figures against your real recipes and supplier labels. On whether a QR menu can replace paper, see our guide to QR code menu legal requirements.
Pricing is the other compliance area that has moved quickly. Service charges and surcharges now have their own rules in several states, which we cover in hidden fees and service charges on restaurant menus.
Frequently asked questions
Does FDA menu labeling apply to my single independent restaurant?+
No. The federal rule applies to 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 substantially the same menu items. Smaller businesses can voluntarily register with FDA to be covered, which also means non-identical state or local nutrition labeling rules no longer apply to them.
Do calories have to appear on our online ordering page?+
Yes, if you are a covered chain. The regulation defines a menu as the primary writing a customer orders from and expressly includes electronic menus and menus on the Internet.
Is there a federal law requiring allergens on restaurant menus?+
No. FALCPA and the FASTER Act cover packaged food labels. For restaurants, the FDA Food Code (a model code that states and localities choose to adopt) calls for written notification of major allergens in unpackaged food. Whether that is binding on you depends on your state or local food code, and some states, such as California and Virginia, now have their own rules.
When did sesame become a major allergen?+
The FASTER Act was signed on April 23, 2021, and sesame became the ninth major food allergen on January 1, 2023. Some manufacturers responded by adding sesame to products and labeling it, so check supplier labels again even for familiar items.
Can a QR code menu satisfy these rules?+
A digital menu counts as a menu under the federal rule, so the same calorie requirements apply to it. Virginia explicitly allows a QR code that links to written allergen information, and California allows digital formats as long as there is an alternative for guests without access to technology. Keep a printed or verbal fallback either way.
Official sources
- eCFR: 21 CFR 101.11, Nutrition labeling of standard menu items ↗
- FDA: Menu Labeling Requirements ↗
- FDA: The FASTER Act, Sesame Is the Ninth Major Food Allergen ↗
- FDA: Addition to the 2022 Food Code, Sesame added as a Major Food Allergen ↗
- FDA: Food Code 2026 ↗
- California Department of Public Health: SB 68 Major Food Allergens ↗
- California Legislature: SB 68 bill text ↗
- Virginia Department of Health: Food Regulations Update 2026 ↗
- Mass.gov: Food Allergen Awareness Guidance ↗
- Rhode Island General Laws § 23-20.12-2 ↗
- NYC Health: Sodium warning rule ↗
- NYC Health: Added Sugars Warning Rule, what chain restaurants need to know ↗
Bottom line: calories are a chain issue, but allergens are becoming everyone's issue. Start by writing down the nine allergens for every item on your menu. Whatever your state decides next, that list is the foundation.
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