Require Allergen Disclosure on Menus at Retail Food Establishments and Restaurants in Minnesota.

 

The purpose of this bill is to make allergen information readily available at retail food establishments to consumers.

Retail food establishments and restaurants would be required to state any of the major allergens in their dishes on

their menus.

 

A study done at the University of Minnesota estimated that 1 in 10 adults and 1 in 13 children had been diagnosed with a

food allergy in Minnesota. The American Pharmacists Association has found that food allergies have risen significantly

by an estimated 50% between 1997 and 2011. This rising epidemic in food allergies has caused a rise in concern for the

health safety of citizens, especially at retail food establishments and restaurants. According to the Minnesota

Department of Health, "Allergen labeling is required for packaged food products that contain any of the major food

allergens." On packaged foods, consumers are also able to see the ingredient list and scan for potential allergens

directly. With this bill, restaurant customers can be more aware of the potential allergens in the food they order. This

could potentially save lives by reducing the chance of anaphylaxis as well as reduce the risk of adverse allergic health

reactions. Restaurants can also be protected from potential lawsuits related to allergy-related injuries.

However, this rule does not apply to any retail food establishment or restaurant with an average annual revenue of food

sold or provided during the previous 3-year period of no more than $50,000, adjusted for inflation.

This is to account for smaller businesses that may not have the capital or resources to implement these changes. Similar

exemptions can be found in the Food Traceability Rule(FDA).

 

 

According to the U.S Food and Drug Administration (FDA):

A retail Food Establishment is defined as an establishment that sells food products directly to consumers as its primary

function.

A restaurant is defined as a facility that prepares and sells food directly to consumers for immediate consumption.

Menus and menu boards are the primary means of writing the covered establishment from which a customer makes an order

selection.

According to the Minnesota Department of Health:

Major Allergens include Peanuts, Tree Nuts, Crustacean Shellfish, Fish, Eggs, Milk, Soy, Wheat, and Sesame

According to the Mayo Clinic:

Anaphylaxis is defined as a severe, potentially life-threatening allergic reaction. Causes the immune system to release

shock-inducing chemicals, decreases blood pressure, and narrows airways.

 

Pulling funds from the Statewide Hospitality fee from the Minnesota Department of Health(MDH). The MDH collects a 50$

annual "hospitality fee" from all licensed food, beverage, and lodging establishments. This money is used for training

state and local inspection staff as well as providing technical assistance to local health agencies.

For the initial implementation and creation and distribution of resources for restaurant education on identifying

allergens and ways to communicate to the customers, .03% of funds from the General Funds of around $316 million.

Restaurants would be responsible for any cost related to the reprinting or remaking of new menus.

 

For newly established restaurants or retail food establishments, it will be a requirement to pass hygiene and food

safety inspections. For existing restaurants, it will be a requirement to pass the quarterly inspection for high-risk

facilities, and any surprise or scheduled inspections by the Minnesota Department of Health and the Minnesota Department

of Agriculture. Representatives sent out as inspectors.

For any existing business that is found not to have clear allergen information, the severity of penalties can range from

(a) a corrective action where the restaurant must fix the issue within a set timeframe, or (b) a fine of up to $5,000.

For major offenses, a temporary closure will occur until it is resolved by a subsequent inspection.

 

August 1st, 2026 (Newly Established Restaurants)

January 15th, 2027 (Existing Restaurants)