New York Becomes First State to Require Allergen Labels on Prepackaged Foods

The rule applies to foods that are prepared and packaged on the same premises before sale, and it takes effect in 2026.

Prepackaged sandwiches like these will soon require allergen labels under New York’s new law.

(Dana Wrubel / Just Allergy Things)

ALBANY, N.Y. — New York will soon require allergen labels on prepackaged foods prepared on-site in delis, bakeries, grocery stores and other food establishments under a new law signed on Nov. 12 by Gov. Kathy Hochul. The legislation marks a major step forward for the two million New Yorkers living with food allergies.

The law, known as A6558A in the Assembly and S5381A in the Senate, requires allergen labels on any food that is prepared and packaged on-site and contains one of the top nine major allergens. It does not require full ingredient lists, only that allergen warnings be printed on or attached to the packaging. 

The Senate version of the bill was sponsored by Sen. Pete Harckham, and the Assembly version was carried by Assemblymember Jen Lunsford. After passing both chambers in June, the measure became law with the governor’s signature. New York is the first state in the country to adopt this type of allergen-labeling requirement for foods prepared on-site.

“With the addition of a small sticker, we are ensuring that those who need this life-saving information will be able to make faster, more informed decisions about the food they purchase,” Lunsford said in a statement to Just Allergy Things.

The mandate applies to grab-and-go items such as bakery cookies, deli sandwiches, packaged salads and other foods assembled in-store. It does not apply to food prepared only once a customer places an order, such as a made-to-order sandwich or salad.

The legislation addresses long-standing gaps in allergen disclosure for foods prepared outside industrial manufacturing settings. While federal law requires ingredient lists on packaged goods sold in grocery aisles, items packaged on-site have not been held to the same standards.

For people with food allergies, that gap has created daily uncertainty. Jared Saiontz, an 18-year-old advocate from Westchester County who helped develop the concept for the bill, said the lack of labeling made it difficult and often impossible to determine whether grab-and-go items were safe.

“I always wished I could tell from looking at a label on the items prepackaged [at] these sites if they were safe for me,” Saiontz said. “But unfortunately, none were labelled and I had no clue what I could eat or not, so I never ate prepackaged foods.”

Food establishments have until November 2026 to comply with the new labeling rules. The one-year implementation window gives businesses time to adjust packaging, printing and kitchen procedures while ensuring allergen information becomes a standard part of food safety practices.

Food allergy advocates say the labeling requirement will expand access to safer options across New York.

“This law brings transparency,” Saiontz said. “It will also bring more food options to people living with food allergies in New York.”