The Commonwealth of Massachusetts requires restaurants to address diner allergies to foods such as nuts, dairy products, and other ingredients that cause adverse reactions.
The allergy legislation, S.2701, requires that restaurants take precautions in order to ensure the safety of their diners with food allergies. Restaurants will need to hang a pre-approved poster providing general information on food allergies as they relate to food preparation. In addition, all menus must include a statement that the customer should inform the wait staff of food allergies. Finally, all standard food service courses will include the viewing of an approved food allergy video.
The Massachusetts Department of Health will be required to develop a program for restaurants to be designated as "Food Allergy Friendly", and maintain a list of restaurants on the agency's website that have received the "Food Allergy Friendly" designation. To receive a "Food Allergy Friendly" designation, restaurants will be required to make a master list of all ingredients used in the preparation of each food item on the menu available for the public. Participation in this part of the program is voluntary.
Trends show a rise in food allergies and associated anaphylaxis. From 1997-2002, peanut allergies in children doubled and today more than 12 million Americans (including 3 million children) have food allergies. Milk, eggs, peanuts, tree nuts (e.g., walnuts, almonds, cashews, pistachios, pecans), wheat, soy, fish, and shellfish account for 90 percent of all food-allergic reactions in the U.S.
In the United States, the reported annual number of emergency room visits due to food-induced anaphylaxis ranges from 50,000 to 125,000, depending on the source. Even a small trace amount of a food allergen can cause a reaction.
Bellotti Law Group, P.C. is a Massachusetts personal injury law firm.
