New York's allergen labeling law, in plain English

From November 12, 2026, every food establishment in New York State must put a written allergen notice on food it prepares and packs on site before customers order it.

The notice goes on the package or on a label attached to it, and must identify every ingredient that is one of the nine major food allergens.

Any place that prepares food for people to take away. The bill names delis, bakeries, sandwich shops, ice cream parlors, cafeterias and food trucks, and the version added to the Agriculture and Markets Law also covers retail food stores.

The bill has no exemption for small businesses. If you pack food on your premises before anyone orders it, assume it applies to you.

This is the question everyone has. The bill defines it in two sentences:

“Prepackaged food” means food that is prepared, prepacked and offered or sold to customers on the same premises. Prepackaged food does not include food that is not in packaging or is packaged after a customer has ordered.

In practice, the test is: was it packed before the customer asked for it?

One case to check: the definition says prepared, packed and sold on the same premises. If you pack food in one location and sell it in another, confirm how that is treated with current state guidance before relying on it either way.

The label has to identify any ingredient that is, or contains protein from, one of these:

1. Milk
2. Eggs
3. Fish — for example tuna, salmon, anchovies
4. Crustacean shellfish — shrimp, crab, lobster, crawfish
5. Tree nuts — for example almonds, walnuts, pecans, cashews, pistachios
6. Wheat
7. Peanuts
8. Sesame
9. Soybeans

Highly refined oils made from these foods are excluded, as are ingredients exempted under the federal allergen labeling rules. Ingredients that aren't one of the nine don't have to be named.

Commonly missed:

• Worcestershire sauce contains anchovies — that's fish.
• Hummus is made with tahini — that's sesame.
• Ordinary soy sauce is brewed with wheat.
• Imitation crab is made from pollock and wheat starch — fish and wheat.
• Barley, rye and oats are not wheat. Clams, oysters and mussels are not crustacean shellfish.

Governor Hochul signed S5381B on November 12, 2025 as Chapter 494 of the Laws of 2025. It takes effect one year after becoming law: November 12, 2026.

Enforcement sits with New York State. The bill text does not set out penalties, so check current guidance from the Department of Agriculture and Markets and your local health department rather than relying on figures you see quoted elsewhere.

The law asks you to identify every ingredient that is a major allergen. You don't have to list the other ingredients. A clear way to do it is to list the ingredients with the allergens in bold capitals, and end with a CONTAINS line. This is a real label for a deli sandwich, printed on a standard 2″ × 4″ sticker:

The bill doesn't prescribe a layout. Check current state guidance for any format rules.

1. List everything you pack before customers order it. Walk the shop: the fridge, the counter, the freezer.
2. Collect the ingredient panels for everything you buy in — bread, deli meats, sauces, dressings, chocolate. Brands differ, and that's where allergens hide.
3. Check each recipe with the free checker below. Anything it can't identify, check against the package yourself.
4. Choose your labels and test-print one. Print at 100% scale and stick it on a real container.
5. Decide who labels, and when — every batch, before it goes out.
6. Keep a dated copy of what each label said. If a recipe changes, so does the label — and you'll want to show what you printed and when.

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• The bill: S5381B on nysenate.gov
• NY Department of Agriculture and Markets — food labeling

This page explains the law in plain English. It is not legal advice.

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