Legal Requirements for Allergen & Calorie Display on Menus (EU + US + Canada)

Menu labeling laws vary significantly by region. Here's what you need to know to stay compliant in the EU, US, and Canada.

Disclaimer: This is general guidance only. Always consult local legal counsel for compliance in your specific jurisdiction.

European Union (EU)

EU Food Information Regulation (FIR) 1169/2011

The EU has some of the strictest allergen labeling requirements in the world.

Required Allergen Declarations

All 14 major allergens must be clearly indicated:

1. Cereals containing gluten
2. Crustaceans
3. Eggs
4. Fish
5. Peanuts
6. Soybeans
7. Milk (including lactose)
8. Nuts (almonds, hazelnuts, walnuts, etc.)
9. Celery
10. Mustard
11. Sesame seeds
12. Sulphur dioxide and sulphites (>10mg/kg)
13. Lupin
14. Molluscs

How to Display

• Must be provided before purchase
• Written information required (can't rely solely on verbal)
• Must be easily visible and legible
• Allergens must be emphasized (bold, caps, or color)

Digital Menu Compliance

Digital menus are accepted as long as:

• Information is accessible before ordering
• Staff can assist customers without smartphones
• Allergen information is clearly emphasized

Calorie Labeling (EU)

Currently not mandatory at EU level, but some member states have additional requirements. Ireland, for example, requires calorie posting for chains with 20+ outlets.

United States (US)

FDA Menu Labeling Rule (ACA Section 4205)

Federal requirements apply to chains with 20+ locations.

Calorie Requirements

• Mandatory for: Restaurants and similar retail food establishments with 20+ locations
• Must display: Calorie information for each menu item
• Placement: Adjacent to item name and price
• Statement required: "2,000 calories a day is used for general nutrition advice..."

Additional Written Information

Must be available upon request:

• Total calories
• Total fat
• Saturated fat
• Trans fat
• Cholesterol
• Sodium
• Total carbohydrates
• Sugars
• Fiber
• Protein

Allergen Labeling (US)

Federal law (FALCPA) requires labeling of 9 major allergens for packaged foods, but restaurant menu requirements vary by state and locality.

State-Specific Requirements

• Massachusetts: Food allergy awareness poster required
• Michigan: Allergen awareness training for food handlers
• Rhode Island: Must ask about allergies at time of order

Digital Menu Compliance (US)

FDA has clarified that digital menus qualify for calorie disclosure as long as:

• Customers can view before ordering
• No app download required
• Format meets readability standards

Canada

Federal Requirements

Health Canada regulates allergen labeling for packaged foods. Restaurant requirements are primarily provincial.

Priority Allergens (Canada's List)

1. Peanuts
2. Tree nuts
3. Sesame seeds
4. Milk
5. Eggs
6. Fish
7. Crustaceans
8. Shellfish
9. Soy
10. Wheat
11. Mustard
12. Sulphites

Provincial Requirements

Ontario

• Healthy Menu Choices Act 2015
• Chains with 20+ locations must post calories
• Sodium warnings for high-sodium items

British Columbia

• No mandatory calorie posting
• Allergen information recommended but not required

Quebec

• Consumer Protection Act applies
• Specific allergen disclosure not mandated beyond general consumer protection

Best Practices for All Regions

Go Beyond Minimum Requirements

• Display allergens even if not legally required
• Train all staff on allergen awareness
• Have an allergy emergency plan

Digital Menu Advantages for Compliance

• Filtering: Let customers filter by allergen
• Detail layers: Show basic info initially, full nutrition on tap
• Updates: Change ingredients instantly, menus update everywhere
• Multilingual: Allergen info in customer's language
• Consistency: Same accurate info across all locations

Documentation

• Keep records of all ingredient sourcing
• Document allergen information sources
• Train staff and keep training records
• Regular audits of menu accuracy

Penalties for Non-Compliance

EU

Fines vary by member state but can reach €50,000+ for serious violations.

US

FDA violations can result in warning letters, fines, and repeat violations may lead to criminal prosecution in extreme cases.

Canada

Provincial violations typically range from $500-$25,000 CAD depending on severity.

Staying Updated

Menu labeling laws evolve. Stay current by:

• Following your local restaurant association
• Subscribing to FDA/Health Canada updates
• Consulting with food service legal experts annually

Tabletopp includes built-in allergen tagging and display. See compliance features.