Public Health - Restaurants - Disclosure of Main Food Allergens
HB0105 would require Maryland restaurants to provide each customer with a written disclosure identifying any main food allergens that are ingredients in each menu item. The disclosure could be provided in a menu, a separate insert or handout, or an electronic or digital format, so long as it is reasonably accessible to customers. The bill defines “main food allergen” by reference to federal law, tying the state requirement to the existing federal allergen framework.
The bill also makes conforming changes to existing law so that restaurants subject to the new allergen-disclosure requirement are excluded from a separate statutory definition in the Education Article, and it updates the Health-General Article to reflect the new section numbering. In addition, it clarifies that a violation of the new restaurant allergen-disclosure requirement would not be subject to certain criminal penalties that otherwise apply to some public health violations under Subtitle 3.
If enacted, the measure would add a new consumer-information obligation for restaurants and create a state-law disclosure standard for menu allergens. It would affect restaurant operators directly by requiring them to maintain and communicate allergen information for each menu item, and it could also benefit customers with food allergies by improving access to ingredient information before ordering. The bill would take effect October 1, 2026.
The general sentiment reflected in the available record is limited because there are no committee transcripts or recorded votes, and the bill was ultimately withdrawn by the sponsor in the House. That withdrawal suggests the proposal did not advance to a final floor decision and may have faced unresolved implementation or policy concerns, but the record provided does not identify specific support or opposition.
The main point of contention likely centers on the practical burden placed on restaurants to track and disclose allergen information for every menu item, especially for smaller establishments or menus that change frequently. At the same time, the bill’s public-health rationale is straightforward: improving transparency for people with food allergies and reducing the risk of accidental exposure. No specific stakeholder positions are documented in the materials provided.
HB0105 would add a new section to the Health-General Article requiring restaurants to provide written allergen disclosures for each menu item and would make related conforming changes in the Education Article and penalty provisions. It would create a new compliance obligation for restaurants, while excluding violations of the new allergen-disclosure requirement from certain misdemeanor penalties that apply to other public health violations. The bill would take effect October 1, 2026, if enacted.
The available record shows no committee debate or vote history, so there is no documented floor or committee sentiment to measure. The bill was withdrawn by the sponsor in the House, indicating it did not move forward, but the materials do not explain whether that was due to opposition, technical concerns, or a strategic decision by the sponsor.
The likely policy tension is between consumer safety and administrative burden. Supporters would view the bill as a food-allergy protection measure that gives diners clearer information and helps prevent allergic reactions. Potential critics, especially restaurant operators, may object to the cost and operational complexity of maintaining accurate allergen disclosures for every menu item, particularly for small businesses, changing menus, or shared-kitchen environments. No specific opposing or supporting testimony is included in the record.