Menu Allergens 2026: What EU Law Really Requires (and the Myths)

A surprising number of myths about menu allergens are circulating in 2026: "a new EU amendment has entered into force", "sesame is a new category", "you must document every customer question in writing". The facts are different. Regulation 1169/2011 (known as EU FIC, Food Information to Consumers) has applied to foodservice since 13 December 2014, and the allergen list has remained practically unchanged since then. No "March 2026 update" exists.

This post shows what EU law and Polish national rules actually require, what the only recent change to Annex II was - and debunks the myths that cost venue owners unnecessary stress (or worse, a false sense that the "old" obligations do not apply to them yet).

The legal picture in 2026: what actually applies

1. Regulation (EU) No 1169/2011. Information about the 14 allergens listed in Annex II is mandatory also for non-prepacked food - which means restaurants, bars, cafes, food trucks and catering. The customer must have access to this information before deciding to buy, not after. This obligation has been in force continuously since 13 December 2014.

2. Polish national rules. For non-prepacked food, member states decide the form in which the information is provided. In Poland this is set by the regulation of the Minister of Agriculture and Rural Development on the labelling of specific types of foodstuffs: at the point of sale you must provide the name of the dish and its allergens - on a display card, in the menu, in an allergen card, or in another way directly accessible to the customer. Verbal information from staff is acceptable, provided a written notice (e.g. a note in the menu) states where and how to obtain it.

3. What the law does NOT require. There is no obligation to document customer allergen queries in writing or to keep a register of such conversations. There is also no obligation to hand the customer a written answer "on request". The requirement is one: reliable allergen information available before purchase.

The 14 allergens of Annex II (unchanged since 2014)

The list of 14 mandatory allergens to label:

1. Gluten (wheat, rye, barley, oats, spelt, kamut)
2. Crustaceans
3. Eggs
4. Fish
5. Peanuts
6. Soy
7. Milk (lactose)
8. Tree nuts (almond, hazelnut, walnut, cashew, pecan, brazil, pistachio, macadamia)
9. Celery
10. Mustard
11. Sesame (sesame seeds and derived products, e.g. tahini, sesame oil) - on the list since the very beginning of the regulation
12. Sulfur dioxide (sulphites) above 10 mg/kg
13. Lupin
14. Molluscs

Restaurants, food trucks, catering, cafes - everyone has the same obligation. Venue size does not exempt from FIC. Even a food truck at an outdoor event must have allergen information available to the customer.

The only recent change: Delegated Regulation (EU) 2024/2512

The last real modification of Annex II is Commission Delegated Regulation (EU) 2024/2512, applicable from 1 April 2025. It covers one very narrow case: behenic acid obtained from mustard was exempted from mandatory allergen labelling (the refining process removes the allergenic proteins). For a typical restaurant this change has no practical significance - but it shows the scale well: this is the entire "revolution" in EU allergen rules of recent years.

4 myths about menu allergens - and the facts

Myth 1: "An EU FIC amendment entered into force in March 2026." FALSE. There has been no amendment of Regulation 1169/2011 from March 2026. The only recent change to Annex II is Regulation 2024/2512 described above.

Myth 2: "Sesame and sesame derivatives are a new, separate allergen category." FALSE. Sesame has been one of the 14 Annex II allergens since 13 December 2014, i.e. since the regulation started applying to foodservice.

Myth 3: "From 2026 you must document customer allergen questions in writing." FALSE. No provision - EU or Polish - requires registering conversations with customers. What is required is the availability of reliable allergen information before purchase; the form may be verbal if a written notice states where to find it.

Myth 4: "Missing allergen labelling means an on-the-spot fine of 5000 PLN." Inaccurate. An on-the-spot fine (mandat) issued by a sanitary inspector is capped at 500 PLN. The higher amounts you sometimes hear about are administrative monetary penalties imposed by a separate decision - usually for more serious or repeated violations. At a first inspection, the most common outcome of gaps is a set of post-inspection recommendations with a deadline.

How to show allergens in the menu (3 accepted formats)

Format A: icons next to the dish. Each allergen has its own graphic marker (typically: G, M, J, R, Sk, So, Sl, S, Or). Under each menu position you list which allergens apply to this dish. Most readable for the customer, simplest to maintain.

Format B: separate allergen card. The menu has no markings, but next to it you have a separate card with a list of dishes and an allergen table (columns: dish name, allergen icon). Good for restaurants with seasonal or frequently changing menus. The menu must clearly state that the card is available.

Format C: QR code to a page. The menu contains a QR code leading to a page on your restaurant's site where you publish current allergen data. This format is acceptable, but must be clearly communicated (typically: "Scan the code to see allergens in our dishes"). Important: the page must work. The sanitary inspector may ask to see it on the spot.

What sanitary inspectors check on allergens

Allergen information is a standard audit point in foodservice. Most common checks:

1. Does the menu have any allergen information? Missing this most often results in post-inspection recommendations, and for a misdemeanour an on-the-spot fine (up to 500 PLN). In more serious cases an administrative monetary penalty comes into play.
2. Is the information current? A two-year-old version that does not reflect a recipe change is also a problem. The restaurant must update allergen information with every recipe change.
3. Do waiters know how to answer? The inspector may ask a random waiter "what is in this dish, does it contain gluten". If the team has no idea = the system does not work in practice.
4. Does the kitchen have a cross-contamination management system? Separate boards/knives/containers for allergen products? Are cleaning procedures consistent with menu claims (e.g. "gluten-free" in the menu vs. a shared oven with bread)?

What to do in the next week

A realistic checklist for getting allergen information in order in a small restaurant:

1. Go through the menu position by position. For each, mark allergens from the list of 14. Focus on hidden sources: sesame in buns and oils, celery in stocks, mustard in sauces, sulphites in cooking wine.
2. Pick one of 3 formats (icons in menu, separate card, QR code). Stick to one, do not mix.
3. Create an allergen table (Excel or Google Sheets): rows are dishes, columns are 14 allergens, mark "X" where allergen occurs. This is your master document from which you generate menu and card.
4. Update cross-contamination information. If you use wheat flour in the kitchen, add a note for "gluten-free" menu items that "may contain traces of gluten".
5. Run a short team training (15 minutes, once every 6 months): what are allergens, how to answer the customer, when "I do not know" is the correct answer ("let me ask the chef"), when always to offer an alternative dish.

Frequently asked questions

Did the menu allergen rules change in March 2026?

No. There was no amendment of Regulation 1169/2011 from March 2026. The information obligations for foodservice have applied unchanged since 13 December 2014. The only recent change to Annex II is Delegated Regulation (EU) 2024/2512 (behenic acid from mustard), applicable from 1 April 2025 and of no practical significance for a typical restaurant.

What if I have a seasonal menu that changes monthly?

Update allergen information with each menu change. Simplest approach: master document (allergen table) as Excel, from which you generate menu and allergen card together. That is 30 minutes of work each time instead of hours.

Can a customer sue me over an allergic reaction?

Yes, if the reaction resulted from incorrect menu information (you marked "gluten-free" and the dish contained gluten). That is why documentation is a shield, not an ornament. Master allergen document plus kitchen procedures means you can prove due diligence.

Is a QR code to a page a good idea for a small restaurant?

Only if the page is actually maintained. In practice: most small venues do not update their site monthly, so the QR code leads to outdated data. Better: icons directly in the paper menu or an allergen card.

Should my supplier provide allergens?

Yes. Food suppliers have an obligation to declare composition and allergens on the label or product card. If you buy in bulk and have no written allergen information from the supplier, you have the right (and should) demand it. This is part of batch traceability in HACCP.

What about foreign-language cooks?

The allergen list must be available in a language the team understands. If you have a mixed PL/UA/EN team, the master document should exist in three language versions, plus universal pictograms. The sanitary inspector may check this in the context of kitchen procedures.