Quick Take
- SB 68 takes effect on July 1, 2026.
- It does not apply to every California restaurant.
- It applies to covered food facilities subject to the federal menu-labeling rule.
- In general, that means chains with 20 or more locations under the same name and with substantially the same menu items.
- Covered operators should confirm status, disclosure format, written backups, and staff procedures.
This article is for general information only. Operators should confirm their own coverage and implementation plan with counsel or their local environmental health agency.
Does SB 68 Apply to Your Restaurant?
SB 68 applies to California food facilities that are subject to the federal menu-labeling rule.
In plain terms, that generally means restaurant chains with 20 or more locations that operate under the same name and offer substantially the same menu items. The federal rule includes individual franchises in that framework.
The location count should not be read as “20 California locations.” A brand with many locations nationally and one or more California locations may need to review SB 68. A single-location restaurant, or a small independent group that is not part of a covered chain, likely does not fall under this specific written menu disclosure requirement.
What Covered Operators Need to Disclose
SB 68 requires covered food facilities to provide written notice of major food allergens they know, or reasonably should know, are ingredients in each menu item.
The covered allergens are milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame.
For covered operators, this is as much a menu-data issue as a menu-design issue. Someone has to know which ingredients are in each standard menu item, who updates that information, and where the disclosure appears.
How Covered Restaurants Can Provide the Information
Covered restaurants can disclose allergens directly on the menu. If the allergen information appears on the menu, the statement should be below or immediately next to the menu item.
They can also use a digital format, such as a QR code linking to a digital menu. A QR code alone may not be enough. If the restaurant uses a digital format, it must also provide an alternative written method for customers who cannot access it. That backup could be an allergen-specific menu, chart, grid, booklet, or other written material.
A Short July 1 Checklist
Covered operators should use the remaining time before July 1 to confirm the basics.
The checklist should have one clear owner, but the work will likely involve operations, culinary, purchasing, training, marketing, legal, and technology.
What SB 68 Does Not Do
SB 68 should not be read as a guarantee that food is allergen-free. The law focuses on major food allergens contained as ingredients in menu items.
Covered operators may still want counsel to review cross-contact language, especially where shared equipment, shared prep areas, or supplier changes create practical risk.
If SB 68 Does Not Apply
Even when SB 68 does not apply, restaurants still benefit from knowing where allergen information lives, who updates it, and how staff should answer guest questions.
Guests ask allergy questions. Staff need reliable answers. Managers need a process for recipe changes, supplier substitutions, and seasonal menu updates.
FAQ
Does SB 68 apply to every California restaurant?
No. SB 68 applies to California food facilities subject to the federal menu-labeling rule. In general, that means covered chains with 20 or more locations under the same name and with substantially the same menu items.
Is the 20-location count California-only?
No. The safer reading is that the count follows the federal menu-labeling rule. Operators should evaluate the chain-wide count and confirm coverage with counsel.
Can a restaurant use a QR code?
Yes, but a QR code alone is not enough if guests cannot access the digital version. Covered restaurants using digital disclosure must also provide an alternative written method.
Need help keeping up with restaurant risk and compliance issues?
Visit CRMBC’s Resource Hub for practical tools and updates for California restaurant operators.
To learn how CRMBC supports eligible California restaurant operators through a member-governed self-insured group, contact CRMBC.
Kaya Stanley is an attorney, published author, business owner, and highly sought-after strategic turnaround expert. Ms. Stanley serves as CEO and Chairman of the Board for CRMBC, the largest restaurant workers’ compensation self-insured group in California, and she is the Licensee for TEDxReno, an independently organized TEDx Event.
Throughout her 22 years of practicing law, Ms. Stanley has served as outside counsel for Wal-Mart and Home Depot. She was voted one of the country’s “Top 25 OZ Attorneys” by Opportunity Zone Magazine and published a best-selling book called “The Employer’s Guide to Obamacare.” Before that, she earned her master’s degree in social work and public policy, after which she worked with at-risk girls in Detroit and lobbied for women and families.
