Legal Obligations for New York Restaurant Owners Regarding Allergen Labeling and Accommodation

As a restaurant owner in New York, you have legal obligations regarding allergen labeling and accommodation for customers with food allergies. The New York City Health Code requires restaurants with a seating capacity of 15 or more to post a notice that states that they can provide information on food allergies and how to avoid allergens. Additionally, restaurants are required to have a written procedure for handling requests from customers with food allergies.

Under federal law, the Food Allergen Labeling and Consumer Protection Act (FALCPA) requires that food products, including those sold in restaurants, that contain any of the eight major allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans) must be clearly labeled. This means that if a menu item contains any of these allergens, the restaurant must indicate so on the menu or provide information about the allergen when requested.

To accommodate customers with food allergies, restaurants should have procedures in place to ensure that food is prepared in a way that avoids cross-contamination. This may include training staff on safe food handling practices, having separate preparation areas for allergen-free dishes, and using different utensils and equipment for different dishes. Additionally, restaurants should be prepared to answer questions from customers about the ingredients in dishes, including any potential allergens.

It is important to note that while a restaurant owner has a legal obligation to accommodate customers with food allergies, there are limitations to this obligation. For example, if a request would result in a fundamental change to the restaurant's operations, such as using a unique cooking method or ingredient, the restaurant may not be able to accommodate the request. In these cases, the restaurant should still make an effort to provide the customer with information about the ingredients in the menu items.

To further ensure compliance with allergen labeling and accommodation requirements, restaurant owners may consider seeking legal guidance or consulting with industry organizations, such as the National Restaurant Association. Additionally, restaurant owners may consider implementing a written policy outlining their procedures for handling requests from customers with food allergies to provide clarity to both staff and customers.