Food allergies are a serious concern for many people dining out. In fact, according to Food Allergy Research & Education (FARE), an estimated 32 million Americans have food allergies, with a significant portion of them being children. This statistic emphasizes the critical importance of allergen management in restaurants. As a restaurant owner or manager, it’s important to have strategies for effectively managing food allergens, ensuring customer safety, and avoiding potential liabilities for your business.

Understanding Food Allergies and Regulations

If you operate a restaurant in a state that has approved the 2022 FDA Food Code, then you should know about the new requirements for restaurants regarding food allergens. A ninth allergen — sesame — has been added to the “Major Food Allergen” list and a new requirement that “unpackaged foods served or sold to consumers within a retail food establishment must have written notification to consumers of the presence of major food allergens as an ingredient in the unpackaged food items” (FDA Food Code Section 3-602.12).

The Nine Major Food Allergens

Here are the nine major food allergens that all restaurant managers should know:

• Milk
• Eggs
• Fish
• Crustacean shellfish
• Tree nuts
• Wheat/gluten
• Peanuts
• Soybeans
• Sesame

To properly inform customers, restaurants must clearly post which of these nine allergens are present in unpackaged foods in the restaurant, either on the menu or in a conspicuous place.

What Are Food Allergies?

Food allergies occur when the immune system mistakenly identifies a harmless food protein as a threat, triggering a reaction. Common allergens include peanuts, tree nuts, shellfish, dairy, gluten, and soy. Reactions can range from mild symptoms like hives and stomach upset to severe anaphylaxis, which can be life-threatening. Therefore, it’s vital for restaurant staff to understand these allergens and the potential impacts on customers.

Creating an Allergy-Safe Environment in Restaurants

One of the foundational steps in managing food allergies is ensuring that all staff members are well trained and aware of allergen risks. Regular training sessions should cover how to identify allergens, handle customer inquiries, and prevent cross-contact.

Training and Communication on Food Allergies

In fact, the 2022 FDA Food Code mandates that “employee food safety training programs must include food allergy awareness of the 9 major food allergens and should consider developing operational specific allergen training programs for employees” (FDA Food Code Sections 2-102.11 and 2-103.11).

You can start a food allergy awareness program in your restaurant by identifying what the nine major food allergens are, and then every week check staff knowledge on any allergens that are present in foods within the restaurant.

Effective communication is equally important. Menus should clearly label allergenic ingredients, and staff should be equipped to answer customer questions confidently and accurately. A good strategy is to have servers ask about any food allergies when greeting diners at the table.

Implementing Allergen Management Procedures

In the kitchen, strict protocols must be established to minimize the risk of allergen exposure. This includes designating separate preparation areas for allergen-free meals, using dedicated utensils and equipment, and implementing thorough cleaning routines to prevent cross-contact. Proper storage practices, such as keeping allergenic ingredients separate and clearly labeled, further reduce the risk of accidental exposure.

Using Technology for Food Allergen Management

Technology can be a valuable ally in improving restaurant operations, and especially with allergen management. Digital menu systems can help track and update allergen information easily, while inventory management software can monitor allergenic ingredients.

A 2024 American diner trends report revealed that “85% of diners look up the menu online before deciding on a new restaurant, up from 59% in 2017.” Many people are interested in scoping out the ingredients of menu items because of allergy concerns. There are customer interaction tools available for restaurants that allow diners to filter menu items based on allergens, which can enhance their dining experience and safety.

Legal and Liability Considerations

Understanding and adhering to food safety regulations is key in managing allergens. Familiarize yourself with local, state, and federal guidelines related to allergen management. Documentation is also important — keep accurate records of staff training, customer communications, and any allergen-related incidents. This ensures compliance will help protect your business in case of legal issues.

Learning from Others

Learning from others can provide valuable insights. For instance, restaurant chain Red Robin is serious about protecting customers with its Allergen-Friendly Menu, Certified Master Allergen Trainers on staff, and an allergen management program with the latest updates and information. They put diners’ minds at ease with a clear food allergen strategy and statement: “When allergen-related requests arise, our kitchens are promptly notified, and our expert staff uses dedicated tools and protocols to prevent cross-contact for a safe dining experience.”

Conversely, there have been incidents where poor allergen management in a restaurant led to severe reactions, highlighting the importance of strict protocols and staff awareness. Recently, the Boston-based restaurant chain Boloco was found negligent by a Massachusetts Superior Court because it served an 8-year-old girl with a peanut allergy a burrito that contained peanut sauce. The child experienced anaphylaxis and was taken to an emergency room for care, where, thankfully, she survived. The child’s father informed the restaurant of the allergy when he placed the order, and the restaurant’s receipt showed this.

The case went to a jury that awarded $105,000 in damages, and later “the judge awarded the plaintiffs’ attorneys’ fees and costs, along with prejudgment interest running from the date the burrito had been sold — amounting to nearly $67,000 as of the date judgment entered.” These legal costs weren’t the only impact to the restaurant chain’s brand. The news coverage and word-of-mouth sharing of the story has likely led to negative exposure for the brand, leading to further monetary costs.

Manage Food Allergies to Safeguard Your Restaurant and Build Customer Trust

Managing food allergens effectively about compliance and ensuring the safety and satisfaction of your customers. By implementing the strategies discussed in this article, you can create a safer dining environment, build customer trust, and protect your business from potential liabilities. Review your current practices, enhance them where needed, and commit to ongoing staff training and communication.

To learn more about designating allergen-free areas and equipment, read our article on Restaurant Kitchen Design and Food Safety.

Dennis Keith

Founder and Owner at Food Safety Nation and Respro Health & Safety

With more than 25 years in the restaurant industry, Dennis is passionate about helping restaurant professionals improve their businesses, whether it be for food safety, training, sustainability, sourcing new technologies for restaurants or connecting service providers with restaurant operators. You can learn more about Dennis by connecting with him on LinkedIn.