When does New York's allergen labeling law start?

The act takes effect one year after it became law. It was signed on November 12, 2025, so it starts November 12, 2026.

Who has to follow New York's allergen labeling law?

Food establishments that prepare, pack and sell food on the same premises, including delis, bakeries, sandwich shops, ice cream parlors, cafeterias, food trucks and retail food stores. The bill sets no size threshold.

Does the law cover food packaged after the customer orders?

No. The bill excludes food that is not in packaging and food that is packaged after a customer has ordered it.

Guide · checked against the signed law on October 1, 2026

New York's allergen labeling law: what food shops have to do

Q: Which allergens must be labeled in New York?

The nine major food allergens: milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame and soy, plus ingredients that contain protein from them.

If you make food, pack it and sell it from the same New York location, you will need an allergen notice on the package from November 12, 2026. Here is what the law says, in plain English.

The law: Chapter 494 of the Laws of 2025 (Senate bill S5381B, Assembly bill A6558A). It adds section 1357 to the Public Health Law and section 199-g to the Agriculture and Markets Law.
Signed: November 12, 2025.
Starts: November 12, 2026. The act says it takes effect "one year after it shall have become a law".
Who it covers: Food establishments where food is prepared and sold on the same premises: delis, bakeries, sandwich shops, ice cream parlors, cafeterias, food trucks and retail food stores. The text sets no size limit.
What you must do: Put a written notice on the package, or on a label attached to it, that identifies any ingredient that is a major food allergen.
Not covered: Food that is not in packaging, and food packaged after a customer orders it.

Make the label now

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What counts as "prepackaged food"

The act defines it as food that is prepared, packed and offered or sold to customers on the same premises. So the muffins you bag in the morning and sell from the case are covered. So is the salad you box at 7 a.m. for the grab-and-go fridge.

The sandwich you wrap after a customer orders it is not covered, and neither is a slice of cake boxed at the counter after the sale. The rule is about food that is already packed when the customer chooses it.

The nine allergens

Milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame and soy. The act also covers ingredients that contain protein from those foods. It exempts highly refined oils made from those foods, and ingredients the FDA has exempted through the federal allergen law's (FALCPA) petition or notification process.

What the label can look like

The act asks for a written notification that identifies the allergen ingredients. A clear "Contains" line does that. Add the ingredient list with allergens in bold and customers can see exactly where each one comes from.

Blueberry muffin

INGREDIENTS: Enriched flour (wheat), sugar, butter, eggs, milk, blueberries, baking powder, vanilla, salt.

Contains: Milk, Eggs, Wheat

Rosa's Bakery, 12 Main St

Chicken caesar wrap

INGREDIENTS: Chicken, romaine, parmesan, caesar dressing (anchovy, egg, oil, garlic), wheat tortilla.

Contains: Milk, Eggs, Fish, Wheat

Penalties

The act does not set a fine of its own. It puts the rule into two laws, and each has a general penalty section:

Agriculture and Markets Law, section 39: a civil penalty of up to $600 for a first violation and up to $1,200 for each later one. This is the law the state uses for the retail food stores it licenses.
Public Health Law, section 12: a civil penalty of up to $2,000 per violation, with higher limits for repeat violations that seriously threaten health and for violations that cause serious harm.

Which one applies, and how inspections will work, is up to the Department of Agriculture and Markets and the health departments. Ask your inspector or local health department.

A seven-step checklist for the next few weeks

List every item you pack in advance and sell from the case, shelf or fridge.
For each one, collect the ingredient list from every supplier label. Do not go from memory.
Mark which of the nine allergens each item contains, including hidden ones in sauces, flavorings and chocolate.
Print a label for each item with a clear "Contains" line.
Set a rule that a recipe or supplier change means a label check the same day.
Tell your staff what the labels mean and who owns updating them.
Keep the supplier labels somewhere you can show an inspector.

What we do not know yet

State agencies may publish more detail before the start date on label wording, placement and inspections. Check the Department of Agriculture and Markets and Department of Health before November 12. Other states are moving too: California's SB 68 started for chain restaurants on July 1, 2026, and bills have been introduced in other states.

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