Why the FDA Top 9 matters for your restaurant
The Food Allergen Labeling and Consumer Protection Act (FALCPA) requires clear labeling of the eight major food allergens on packaged foods. The FASTER Act added sesame as the ninth allergen, effective January 1, 2023. Together, these nine allergens account for more than 90% of food allergy reactions in the United States.
AllerIQ's FDA Top 9 allergen menu tool builds all nine allergens into your digital menu automatically — so your guests can filter by any allergen combination from their phone.
Milk (Dairy)
Milk allergy is one of the most common food allergies, particularly in children. It includes all dairy products: butter, cheese, cream, yogurt, whey, casein, and lactose. Note that lactose intolerance is different from a milk allergy — a milk allergy is an immune response, while lactose intolerance is a digestive issue. For allergen menu purposes, flag all dairy-containing dishes.
Common sources in restaurant menus:
- Butter, cream, cheese in sauces
- Whey or casein in breads and baked goods
- Lactose in processed foods
- Cream in soups and desserts
Eggs
Egg allergy typically involves chicken eggs but may include eggs from other birds. Eggs appear in many unexpected places — not just in dishes like omelettes or scrambled eggs, but in baked goods, pasta, sauces, and coatings. Both the yolk and white contain allergen proteins.
Common sources in restaurant menus:
- Mayonnaise, aioli, hollandaise
- Egg wash on pastry and breaded items
- Pasta (especially fresh pasta)
- Baked goods and desserts
Fish
Fish allergy covers all species of finfish — bass, cod, flounder, halibut, herring, mackerel, perch, pike, pollock, salmon, snapper, swordfish, tilapia, trout, tuna, and others. Some people are allergic to specific fish species; others react to all finfish. Fish allergens can also be present in fish sauce, Worcestershire sauce, and some Asian condiments.
Common sources in restaurant menus:
- Fish sauce and Worcestershire sauce
- Caesar dressing (anchovies)
- Surimi (imitation crab)
- Stock made with fish
Shellfish
Shellfish allergen covers crustacean shellfish: shrimp, crab, lobster, crayfish, and related species. Note that mollusks (oysters, clams, scallops, mussels, squid) are not covered under FALCPA's shellfish category but may still cause allergic reactions in sensitive individuals. Shellfish allergens can be present in broths, sauces, and dishes cooked in shared fryers.
Common sources in restaurant menus:
- Shrimp in stir fries, pastas, salads
- Crab and lobster in bisques and sauces
- Shared fryer oil with shrimp
- Shrimp paste in Asian cooking
Tree Nuts
Tree nut allergy covers a broad category of nuts that grow on trees: almonds, cashews, walnuts, pecans, pistachios, Brazil nuts, hazelnuts, macadamia nuts, pine nuts, and others. Peanuts are legumes, not tree nuts, and are covered separately. Tree nut allergies are among the most common causes of severe anaphylaxis.
Common sources in restaurant menus:
- Almond flour in baked goods
- Cashews in sauces and curries
- Walnut and pecan toppings on salads and desserts
- Nut-based milks (almond milk)
Peanuts
Peanut allergy is one of the most prevalent and potentially severe food allergies. Unlike tree nuts, peanuts are legumes. However, many people with peanut allergies also react to tree nuts. Peanut allergens are present in peanut oil (including highly refined forms), peanut flour, peanut butter, and many Asian and African dishes.
Common sources in restaurant menus:
- Peanut sauce in Asian dishes
- Peanut oil for frying
- Groundnut in West African cooking
- Hidden in snack coatings and marinades
Wheat
Wheat allergy is different from gluten intolerance or celiac disease, though all three require avoidance of wheat. Wheat allergens appear in a vast range of foods — not just bread, pasta, and flour-based dishes. Wheat starch, flour, and derivatives are found in many sauces, coatings, and processed ingredients.
Common sources in restaurant menus:
- Bread, pasta, pizza dough, pastry
- Flour coatings on fried foods
- Soy sauce (often wheat-brewed)
- Thickeners in soups and sauces
Soybeans (Soy)
Soy allergy is common, particularly in infants and children. Soy appears extensively in processed foods and Asian cooking. Soy derivatives include tofu, edamame, tempeh, miso, and soy sauce. Many protein powders, vegetarian products, and processed ingredients also contain soy.
Common sources in restaurant menus:
- Soy sauce and tamari
- Tofu, tempeh, edamame in Asian dishes
- Miso in broths and dressings
- Soy lecithin in processed foods
Sesame
Sesame became the ninth FDA-recognized major allergen under the FASTER Act, with mandatory labeling effective January 1, 2023. Sesame allergens are found in sesame seeds, sesame oil, tahini (sesame paste), and sesame flour. It is commonly used in Middle Eastern, Asian, and bakery items.
Common sources in restaurant menus:
- Tahini in hummus and sauces
- Sesame oil in Asian cooking
- Sesame seeds on buns, bagels, and pastries
- Za'atar and other spice blends
How to communicate the FDA Top 9 on your menu
For each of the nine allergens, your allergen-safe menu should indicate:
- Contains — the allergen is a direct ingredient in this dish
- May contain — cross-contact risk from shared preparation surfaces or equipment
- Free from — the allergen is not present and cross-contact risk is managed
AllerIQ auto-maps all three status types for each of the FDA Top 9 across every dish on your menu. See how to label allergens on a restaurant menu for more detail on best practices.
Important: This guide is for informational purposes. AllerIQ helps restaurants communicate allergen information but does not constitute legal or medical advice. Restaurants should consult local health authorities for specific regulatory requirements and always follow proper food safety practices.
Related pages
Frequently asked questions
When were the FDA Top 9 allergens established?
The original eight major allergens were established under the Food Allergen Labeling and Consumer Protection Act (FALCPA) in 2004: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybeans. Sesame was added as the ninth allergen under the FASTER Act, signed in 2021, with mandatory labeling effective January 1, 2023.
Do the FDA allergen labeling laws apply to restaurants?
FALCPA and the FASTER Act primarily regulate packaged food manufacturers. However, many states have enacted their own restaurant allergen disclosure laws. Beyond legal requirements, the FDA and food safety authorities strongly encourage restaurants to communicate allergen information clearly to guests.
What is the difference between a food allergy and food intolerance?
A food allergy is an immune system response to a specific protein. It can cause symptoms ranging from hives and swelling to severe anaphylaxis — a life-threatening reaction. A food intolerance (like lactose intolerance) is a digestive response, generally less severe and not involving the immune system. Allergen menus specifically address food allergy risks.
Are mollusks (oysters, clams, mussels) covered under the FDA shellfish allergen?
No. The FDA shellfish allergen category under FALCPA covers crustacean shellfish only — shrimp, crab, lobster, and crayfish. Mollusks (oysters, clams, scallops, mussels, squid, octopus) are not included in FALCPA's mandatory labeling, though they can still cause allergic reactions and should be disclosed on your menu where relevant.
How does AllerIQ handle all nine FDA allergens?
AllerIQ maps every dish against all nine FDA allergens by default — including sesame, which many older allergen tools still omit. Guests can filter your menu by any combination of the nine allergens, and "may contain" cross-contact disclosures are flagged automatically.
Build your FDA Top 9 allergen menu with AllerIQ.
All nine FDA allergens, auto-mapped across your entire menu. Share via QR code. Free plan available.