SB3305 104TH GENERAL ASSEMBLY

LRB104 19034 TRT 32479 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3305

Introduced 2/3/2026, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3.08

Amends the Food Handling Regulation Enforcement Act. Requires a restaurant to display a notice, directly on its menu or in a digital format, for each menu item indicating to consumers the major food allergens that the restaurant knows or reasonably should know are contained as ingredients in the menu item. Provides that a restaurant shall provide notice of major food allergens on its menu or in digital format through specified methods. Defines "major food allergen".

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Food Handling Regulation Enforcement Act is amended by changing Section 3.08 as follows:

(410 ILCS 625/3.08)

Sec. 3.08. Food allergy awareness.

(a) A restaurant shall display a notice indicating to consumers that any information regarding food allergies must be communicated to an employee of the restaurant.

(a-5) A restaurant shall display a notice for each menu item indicating to consumers the major food allergens that the restaurant knows or reasonably should know are contained as ingredients in the menu item. The restaurant may provide the notice either directly on the restaurant's menu or in a digital format. If the restaurant provides the information directly on the restaurant's menu, each menu item shall be followed by a written statement below or immediately adjacent to the menu item indicating the major food allergens contained in the menu item. If the restaurant provides the information in a digital format, such as through a quick response code that links to the restaurant's digital menu, the restaurant shall have an alternative method to provide the information to consumers who are not able to access the information in the digital format. The notice required under this Section shall either use the common or usual names of the major food allergens or standardized images to communicate the presence of the major food allergens in menu items. The Department of Public Health or the health department of a unit of local government may evaluate a restaurant's compliance with this subsection by visually verifying the presence of the required allergen notice or through other reasonable methods of verification consistent with the intent of this subsection. This subsection (a-5) does not alter any duty that a restaurant may have under existing law to reasonably ensure the safety of consumers.

(b) An employee of a restaurant who receives allergy information from a consumer shall communicate the consumer's information to the restaurant's person in charge or the certified food protection manager on duty.

(c) A restaurant meets the requirements of this Section if the restaurant displays a notice regarding food allergies or provides a statement regarding food allergies on its menu that was approved in another state before the effective date of this amendatory Act of the 104th 101st General Assembly in accordance with subsection (a) and if the restaurant displays a notice regarding major food allergens in each menu item in accordance with subsection (a-5).

(d) A multi-state business or a franchisee, as that term is defined in the Franchise Disclosure Act of 1987, meets the requirements of this Section if the multi-state business or franchisee has an internal policy that requires a notice regarding allergies to be displayed or a statement regarding food allergies to be provided on the menu in accordance with subsection (a) and if the multi-state business or franchisee requires the display of a notice of major food allergens for each menu item in accordance with subsection (a-5).

(e) On or before January 1, 2020, the Department of Public Health shall create and make available on its website for download the notice required to be displayed under subsection (a) of this Section.

(f) As used in this Section:

"Alternative method" includes, but is not limited to, a separate allergen-specific menu, an allergen chart, an allergen grid, an allergen booklet, or other written materials.

"Major food allergen" includes milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, sesame, and food ingredients that contain protein derived from these foods.

From the effective date of this amendatory Act of the 101st General Assembly through July 1, 2020, enforcement of this Section shall be limited to education and notification of the requirements of this Section to encourage compliance.

(Source: P.A. 101-495, eff. 8-23-19.)