Major food allergens.

Senator Menjivar’s proposal places sesame within California’s established major allergen framework and adds a parallel consumer-disclosure obligation for certain large food facilities that follow federal nutrient-disclosure rules. Beginning July 1, 2026, these facilities would be required to provide written information about major allergens known or reasonably believed to be ingredients in each menu item, presented either directly on the menu or in a digital format accessible via a QR code, with an alternative non-digital method for customers who cannot access digital formats. Sesame would be added to the official list of major allergens, and a new provision would cover ingredients that contain protein derived from any listed allergen. The measure maintains exemptions for compact mobile operations and nonpermanent facilities and clarifies the scope of affected establishments.

Section changes expand the allergen list to include sesame and add a catch-all category for ingredients containing protein derived from any listed allergen, while preserving existing exclusions for highly refined oils derived from listed allergens and ingredients exempt under federal labeling processes. The new allergen-disclosure requirement targets facilities subject to federal nutrient-disclosure provisions and requires per-item disclosure in one of two modalities: on-menu with an allergen note, or in a digital format (including a QR-linked digital menu) with an alternative non-digital method such as a separate allergen menu, an allergen chart, a grid, an allergen booklet, or other written materials. Disclosures may use common names or standardized pictograms. Enforcement may rely on visual verification or other reasonable methods, and the definition of “menu” aligns with federal standards while cross-referencing the established major allergen definition. Prepackaged foods under federal labeling requirements, compact mobile operations, and nonpermanent facilities are exempt, and the section does not alter other patron-safety duties.

On the implementation front, the bill creates a state-mandated local program by expanding enforcement duties for applicable facilities and permitting local agencies to verify compliance through prescribed channels. It includes standard constitutional language about reimbursement for mandated costs, noting no reimbursement for certain cost categories while allowing for reimbursement of other costs if a state-mandates determination finds eligible expenses. The measure also signals that local health departments may need additional resources to administer the new disclosure requirements, including staff training and oversight for both on-menu and digital disclosures.

Contextually, the proposal interacts with federal labeling frameworks by referencing federal nutrient-disclosure requirements and definitions of “menu,” while limiting its reach to larger, chain-type operations and preserving exemptions for certain foods and facilities. Penalties for violations remain within the existing misdemeanor framework under the California Retail Food Code, and the policy relies on local enforcement mechanisms to administer the new allergen-disclosure obligations. The bill’s structure thus aims to enhance consumer access to allergen information without broadening regulatory reach beyond facilities already subject to federal disclosures.