Virginia food establishments now must disclose presence of 9 major allergens to customers
Virginia restaurants and other food establishments are now required to provide customers with written information about major food allergens as part of updated state food regulations that took effect Sept. 10.
The new Virginia Food Regulations incorporate portions of the U.S. Food and Drug Administration's 2022 Food Code and make several changes affecting food establishments statewide.
Among the most significant is a requirement that establishments disclose the presence of any of nine major food allergens in packaged and unpackaged foods. The allergens are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soy and sesame, which was newly added to the state's list.
Restaurants can identify allergens alongside menu items using words, icons or numbers, according to the Virginia Department of Health. They also can provide customers with a separate allergen handout or make the information available through a QR code.
The revised regulations also lower the required minimum hot-water temperature in food establishments from 100 degrees Fahrenheit to 85 degrees and require commercially packaged foods with manufacturer cooking instructions to be cooked according to those instructions unless they are labeled ready-to-eat.
Other changes make the person in charge of an establishment responsible for ensuring employees properly monitor temperatures of time/temperature control for safety foods while they are thawing and extend existing tobacco-related food-safety requirements to vaping products, nicotine pouches and other products containing nicotine.
The regulations took effect Sept. 10 following a fast-track regulatory process by the Virginia State Board of Health.
The changes are separate from additional food-allergy regulations mandated by legislation approved by the Virginia General Assembly earlier this year. VDH is still developing those regulations and anticipates that they will take effect in 2027.
