SB 68 California Senate · 2025-2026 Regular Session

Major food allergens.

Summary
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce those provisions. Existing law makes a person who violates a provision of the code guilty of a misdemeanor. Existing law requires the person in charge of a food facility to have adequate knowledge of major food allergens, as defined, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction and to educate food facility employees regarding those matters. Existing law requires a food handler to obtain a food handler card from a specified training provider after completing a food handler training course and examination that covers, among other things, major food allergens and symptoms of allergic reactions. This bill would add sesame to the list of major food allergens. Existing law, the Federal Food, Drug, and Cosmetic Act, requires certain restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items to disclose nutrient content information, as specified. This bill, commencing July 1, 2026, would require a food facility that is subject to the federal disclosure provisions for nutrient content information to provide written notification of the major food allergens that the food facility knows or reasonably should know are contained as an ingredient in each menu item, either directly on its menu or in a digital format, as specified. The bill would specify that its provisions requiring a food facility to provide the above-described notifications do not apply to compact mobile food operations or nonpermanent food facilities. By expanding the scope of existing crimes and by imposing new duties on local health officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Aug 2025
Senate Passage
May 2025
Assembly Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Jan 13, 2025 Signed Oct 13, 2025
Maddy AI version diff · 6 comparisons

What changed between versions

09/04/25 - Amended Assembly 09/12/25 - Enrolled · 5 edits · Sep 12, 2025
MODERATE
The enrolled version of SB 68 significantly narrows the scope of mandatory allergen disclosure in restaurants. The previous amended assembly version created a tiered system with different requirements for large chains (20+ locations), medium chains (6-19), small chains (2-5), and independent restaurants. The enrolled version eliminates the separate requirements for small chain and independent restaurants, limiting the obligation to only food facilities already subject to federal nutrient content disclosure rules (essentially chains with 20 or more locations). This means smaller restaurants are no longer required by this bill to provide written allergen notifications.
SCOPE

Removed the separate requirement for small chain restaurants (2-5 locations) and independent restaurants (1 location) to provide written allergen notifications in a readily available manner. These establishments are no longer covered by the bill.

Replaced the four-tier restaurant classification system (large chain, medium chain, small chain, independent) with a single standard: any food facility subject to Section 343(q)(5)(H) of Title 21 of the U.S. Code (federal nutrient content disclosure, which applies to chains with 20 or more locations).

Changed the covered food from 'restaurant-type food' to simply 'food,' broadening the type of food covered within the remaining scope (facilities subject to federal nutrient content disclosure).

DEFINITION

Removed definitions for 'independent restaurant,' 'large chain restaurant,' 'medium chain restaurant,' 'small chain restaurant,' and 'restaurant-type food' since the tiered system was eliminated.

TECHNICAL

Removed line-number annotations and updated page numbering from 96 to 95, reflecting final enrolled formatting with approval date fields added.

Floor votes · Senate May 28, 2025 · Assembly Sep 8, 2025

How they voted

320
Passed · 8 other
Total votes 40
May 28, 2025
D Democratic30
27 Yea 3
90% Yea
R Republican10
5 Yea 5
50% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
12
Committee
5
Amendments
7
Oct 13, 2025
Signed into law
Approved by the Governor.
legislature
Sep 9, 2025
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2709.) Ordered to engrossing and enrolling.
upper
Sep 8, 2025
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 8, 2025
Lower · Passed
Read third time. Passed. (Ayes 66. Noes 1. Page 2982.) Ordered to the Senate.
lower
Sep 4, 2025
Lower · Passed
Read third time and amended.
lower
Aug 20, 2025
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 2.) (August 20).
lower
Jul 10, 2025
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 9, 2025
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 1.) (July 8).
lower
Jul 1, 2025
Lower · Passed
July 1 hearing postponed by committee.
lower
Jun 5, 2025
Committee
Referred to Com. on HEALTH.
lower
May 28, 2025
Upper · Passed
Read third time. Passed. (Ayes 32. Noes 0. Page 1281.) Ordered to the Assembly.
upper
May 23, 2025
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 23, 2025
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1190.) (May 23).
upper
Apr 10, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 736.) (April 9). Re-referred to Com. on APPR.
upper
Jan 29, 2025
Committee
Referred to Com. on HEALTH.
upper
Jan 13, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Caroline Menjivar
Caroline Menjivar
DDemocratic
CA
20