As of November 12, 2026, New York’s new allergen labeling law comes into effect. This means that food packaged and subsequently sold on the same premises will require clear allergen disclosure in the state of New York. There are no small business exemptions, and premises like cafeterias are included.
Under this law, prepackaged food refers to food that is prepared, packaged, and offered or sold to customers on the same premises. It only applies to food that is packaged before a customer orders it.
It does not include:
- Food that is not in packaging
- Food that is packaged after a customer has ordered it
- Made-to-order meals
European food law already requires allergen information for these types of food, and this NY legislation is a step in the right direction towards greater allergen transparency and management in the US.
The legislation specifically calls out examples of food businesses that must comply, including delis, bakeries, sandwich shops, ice cream parlors, cafeterias, and food trucks, many of which may be introducing labeling for the first time. This may be an entirely new responsibility for smaller food establishments, requiring meaningful changes to existing processes.
Consumers are familiar with allergen information on prepackaged food prepared off-site, which requires full FALCPA labeling, such as the labels you are used to seeing on consumer goods in grocery stores. Where many businesses have lacked clear allergen disclosure is with food prepared in-house.
What are the requirements?
- Clear identification of major allergens: The presence of any of the nine major food allergens must be identified through a notification on the packaging or on a label attached to the package.
- Visible before purchase: Allergen information must be visible to the consumer before purchase.
- Written information: Verbal information and signage alone are not acceptable alternatives to the required written notification.
- Accurate information: Allergen information must be accurate and reflect the ingredients used in the product.
A full list of ingredients is not currently required under this law. The legislation states that each food establishment must label prepackaged food with a written notification on the package, or on a label attached to it, identifying any ingredient that constitutes a major food allergen. The label does not need to identify ingredients that do not constitute a major food allergen (for now).
The importance of ongoing management
Businesses will be working to get labels and allergen information in place for their existing products ahead of the law coming into effect. However, the longer-term challenge is maintaining that information as recipes change, suppliers update ingredients, and seasonal items shift.
Implementing a labeling solution is only the first step. Businesses also need a straightforward way to update and maintain allergen information on an ongoing basis, with changes flowing seamlessly through to their printers and labels.
Who is responsible for making the change? How quickly does it take effect across all relevant printers when an update is made? How can businesses ensure that the information on the label remains accurate when an ingredient or supplier changes?
These are important considerations when choosing a labeling solution. A system needs to be easy to manage day to day, with a clear process for making updates and ensuring that the correct information reaches the point of labeling. Without this, keeping information accurate over time can become a challenge.
Cross contact is another important consideration. While this law focuses on identifying major food allergens in the ingredients used to make a product, businesses should also consider how they manage the risk of cross-contact during preparation, storage, and handling.
A stepping-stone towards greater allergen transparency
Having moved to the US from Ireland, one of the things that initially shocked me was how much less comprehensive allergen information and management could be here compared with Europe. In Ireland, for example, allergen information requirements also cover non-prepacked food, and for pre-packaged food there are more requirements than solely stating allergens. This new legislation represents progress in my state and positive progress in managing the safety of those with allergies. Hopefully we will continue to see similar improvements across the entire US, moving towards more comprehensive allergen transparency and management across food businesses.
That being said, many food businesses here are already ahead of the curve when it comes to allergen management, with processes in place that exceed these requirements. However, there is still an opportunity to improve consistency across the industry, particularly in smaller settings such as cafeterias and delis, where food is often prepared on-site, packaged in advance, and made available for customers to pick up.
For now, businesses should start by identifying everything they prepare and package before a customer places an order. What is on your prep list for the day typically? What food is assembled in-house and ready to grab by customers? What is on the shelf that a customer can pick up and take to the cash register? What do you hand over to a customer as packaged, without making any changes to the product?
Think of it like this: someone with an egg allergy comes into your business to get their lunch. They grab a sandwich from the refrigerator that was prepared that morning, which doesn’t appear to have mayonnaise on it. Under your current process, how would they become aware that the product in their hands contains egg because the mustard on it does in fact contain egg?
Allergies are life or death, and we need to treat them as such. If your business is looking for an effective method of labeling allergens, feel free to reach out.