The Compliance Toolkit: What Restaurants Need to Know

If your restaurant wants to better protect food allergy sufferers, understanding the legal landscape is a critical first step.

This practical guide outlines key food allergy legislation affecting restaurants, with a focus on Westchester County and New York State.

Westchester County: Food Allergy Restaurant Safety Law 

Passed in 2022, the Food Allergy Restaurant Safety Law requires Westchester restaurants to take several steps to ensure food allergy safety:

• Allergen Signs: Restaurants must post signage in both English and Spanish for the 9 major allergens: milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, and soybeans.

• Visibility Requirements: These signs must be clearly visible to employees and also visible to customers in the restaurant.

• Emergency Response: The signage must include the symptoms of an allergic reaction and outline what to do in case of an emergency.

New York State: Public Health Law Section 1356

New York State has its own allergy law that applies statewide. Public Health Law Section 1356 requires restaurants to:

• Post Notices for Staff: A food allergy notice must be displayed in all food preparation areas and must also be accessible via the restaurant’s website, so that staff are consistently reminded of proper procedures.

• Menu & Website Statements for Customers: Menus and websites must include the following advisory: “If you have a food allergy or intolerance, please notify us.”

• Provide Allergen Info: If a customer asks, restaurants must be able to share ingredient and allergen information for any item on the menu.

Training Resources

Need help getting your staff up to speed? These trusted training programs can help ensure you're fully compliant, while keeping diners safe.

• FARE Check (from Food Allergy Research & Education): Offers both on-demand and instructor-led training programs focused on safe food service for allergy sufferers.

• ServSafe Allergen Training: Covers core topics like identifying allergens, guest communication, cross-contact prevention, and food labeling. It also includes a certification exam to assess staff readiness to safely accommodate guests with allergies.

Final Thoughts: Three Simple Steps Toward Compliance

For restaurants in Westchester, complying with food allergy laws comes down to a few clear actions:

• Post required signage showing the 9 major allergens, emergency instructions, and proper procedures, in places where staff and customers can see them.

• Add allergy advisories to your menu and website:

  • “If you have a food allergy or intolerance, please notify us.”

  • Make sure your staff can provide allergen info when asked.

• Train your staff using reputable programs like FARE Check or ServSafe, so they understand the risks and know how to prevent accidents.

Want to Be Featured?

If your restaurant goes above and beyond to protect allergy sufferers, we’d love to spotlight your work in a future post. Email us at safeplatealliance@gmail.com and we’ll be in touch!

Thanks for reading, and for doing your part to make dining safer for everyone.

Disclaimer: The information in this post is provided for general informational purposes only and should not be considered legal advice. Food allergy laws and regulations are subject to change and may vary by jurisdiction. Restaurant owners and operators should consult with qualified legal professionals to ensure compliance with all applicable federal, state, and local laws and regulations specific to their location and business operations.