Allergen rules for US pizzerias: the big 9, the Food Code and state laws

The nine major food allergens

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) named eight major allergens. The FASTER Act added sesame as the ninth, effective January 1, 2023.

A pizzeria will usually flag wheat and milk on almost everything, soy in many commercial doughs and oils, fish on anchovy pies and Caesar dressing, tree nuts on any pesto, and sesame on seeded crusts and some breadsticks. Gluten-free claims are a separate matter: wheat is the allergen, but customers with celiac disease worry about every source of gluten.

Packaged food vs. food made to order

FALCPA’s labeling rules apply to packaged food. The FDA says plainly that they don’t apply to food placed in a wrapper or container in response to a customer’s order, which covers nearly everything a pizzeria sells: the boxed pie, the wings, the calzone. If you pre-package and label items to sell later, such as bottled dressing or a grab-and-go salad in a cooler, those labels must declare the major allergens.

The Food Code: written notice for unpackaged food

Retail food rules in the US are written by states, counties and cities, most of them by adopting some edition of the FDA’s model Food Code. The 2022 edition added section 3-602.12, which asks food establishments to tell consumers in writing when a major allergen is an ingredient in unpackaged food. The FDA lists acceptable forms: menu notes, placards, table tents, brochures, label statements, or electronic means such as your website.

State rules on top

A number of states have gone further with their own allergen laws. A few examples from ServSafe’s summary of state regulations:

• Massachusetts, the first state with a restaurant allergy law, requires a menu notice asking customers to tell staff about food allergies, an allergen awareness poster in the staff area, and allergen training for food protection managers.
• Rhode Island requires a menu notice, a poster and allergen training for certified food protection managers.
• Illinois requires certified food protection managers in restaurants to complete allergen training within 30 days of hire and renew it every three years.
• New York requires a menu notice and a posted notice for staff, and counties such as Nassau, Suffolk and Westchester add their own rules.
• Connecticut, New Jersey, Michigan, Maryland, Texas and Florida all require posters or signage of some kind.

The Food Code also asks the person in charge to know the major allergens and to make sure staff are trained on them. Whatever your state, that means someone on every shift must be able to answer the question correctly.

A system that holds up on a Friday night

1. Build the matrix once. Every menu item down one side, the nine allergens across the top.
2. Record it per ingredient, not per pie. When you switch pepperoni brands or dough suppliers, you want one line to update, not every specialty pie.
3. Re-check on every supplier change. Recipes change without notice. The label on the case is the source of truth, not last year’s chart.
4. Publish it where people order. On your online menu, next to the item, which is also written notice in the Food Code’s sense.
5. Don’t hide behind “may contain.” A precautionary warning is for a real cross-contact risk you’ve assessed and can’t remove. Stamped on everything, it tells a customer nothing.

Who enforces it

Your county or city health department, usually during routine inspections. How allergen violations are scored, and whether they appear on a public grade or report, depends on the jurisdiction. Ask your inspector; they would rather explain it now than write it up later.

The pizzeria website guide