Major food allergens.

Senator Menjivar's food allergen legislation expands California's major food allergen definitions to include sesame while establishing new menu labeling requirements for restaurant-type food facilities across the state.

The bill modifies the California Retail Food Code by adding sesame to the existing list of major food allergens, which currently includes milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, and soybeans. Starting July 1, 2026, food facilities serving restaurant-type food must include written notifications on their menus identifying major food allergens present in each menu item. These notifications must appear directly below menu items and use common names for allergens. The requirements exclude prepackaged foods already subject to federal allergen labeling laws.

Under current law, food facility managers must maintain knowledge of major food allergens and train their staff accordingly, while food handlers must obtain certification covering allergen awareness. The new provisions build upon these existing requirements, with local health agencies maintaining enforcement responsibilities. The bill retains current exemptions for highly refined oils derived from major allergens and ingredients specifically exempted under federal food allergen labeling laws.

The measure creates a state-mandated local program by expanding enforcement duties for local health officials. While the state constitution typically requires reimbursement to local agencies for mandated programs, this bill specifies that certain costs related to modified criminal provisions do not require reimbursement. Other mandated costs may qualify for reimbursement if determined necessary by the Commission on State Mandates.