Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
Co-Sponsored by:
Senators Singleton, Tiver, Mukherji, Burgess, Polistina, Turner, Ruiz, Gopal, Henry, Vitale and Greenstein
SYNOPSIS
Requires food service businesses to provide written notice of major food allergens in each menu item.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on October 5, 2026, with amendments.
An Act concerning food service businesses and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Food service business” means a business that sells or provides food for consumption on or off the premises and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, convenience store, grocery store, 1supermarket,1 vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity. 1The term shall not include any licensed health care facility regulated pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).1
“Major food allergen” means the same as that term is defined by subsection (qq) of 21 U.S.C. s.321.
“Menu” means a printed list of the names or images of a food or beverage item or items and the primary writing or similar signage from which a customer makes an order selection. Menus shall include breakfast, lunch, and dinner menus; dessert menus; beverage menus; children’s menus; other specialty menus; electronic menus; and menus on the Internet, and may be in various forms, including booklets, pamphlets, single sheets of paper, or electronic screens. Menus shall also include menu boards inside a food service business, as well as drive-through menu boards outside the food service business.
“Quick 1[reference] response1 code” means a two-dimensional matrix bar code that, when photographed or scanned by a mobile electronic communication device such as a cellular telephone, wireless tablet, or other wireless communication device, may be used by a customer to retrieve information from the Internet.
“Temporary menu item” means an item that appears on a menu or menu board for less than a total of 30 days per calendar year. The 30-day-total shall include all consecutive and non-consecutive days on which the item appears on the menu.
2. a. Any food service business organized under the laws of this State shall provide clear and conspicuous written notice of major food allergens that the food service business knows or reasonably should know are contained as ingredients in each menu item, including temporary menu items. The food service business shall provide this information:
(1) directly on the food service business’s menu;
(2) in a digital format including, but not limited to, a quick response code, provided that the code directs customers to an Internet website that contains the information required pursuant to this act; or
(3) on other written materials including, but not limited to, a separate menu, chart, grid, or booklet.
If a food service business provides major food allergen information directly on its menu pursuant to paragraph (1) of this subsection, the menu item shall be followed by a written statement that is adjacent or in close proximity to the applicable menu item using a font and format that is at least as prominent, in size and appearance, as that used to post either the name or price of the menu item, indicating any major food allergen contained in the menu item.
(1) common or usual names of the major food allergens; or
(2) standardized icons or symbols approved by the Commissioner of Health to communicate the presence of major food allergens.
c. 1(1) A convenience store, grocery store, supermarket, or other food service business that offers prepared foods through a self-service food bar, hot bar, salad bar, buffet, or similar self-service operation shall be deemed in compliance with the allergen disclosure requirements of this act if the food service business prominently displays signage stating: “Please ask a store associate for allergen information.”
(2) The signage required pursuant to paragraph (1) of this subsection shall be posted in a conspicuous location at or near the point of display or service of the prepared food items, and the food service business shall make reasonable efforts to provide written allergen information to customers upon request.
d.1 This act shall not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to 21 U.S.C. s.343 1or to any menu item that is an alcoholic beverage as defined in R.S.33:1-11.
1[d.] e.1 The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a violation of this act has occurred, shall, by written notification, advise the food service business accordingly and order appropriate action to be taken.
1[e.] f.1 The Commissioner of Health shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.
3. This act shall take effect on the first day of the 13th month next following the date of enactment, but the Commissioner of Health may take such anticipated action in advance as shall be necessary for the implementation of this act.