The Virginia General Assembly and Governor Spanberger recently approved several pieces of legislation directing the Virginia Department of Health (VDH) to publish and adopt new regulatory requirements for Retail Food Establishments in Virginia.
VDH is in the initial phase of drafting new regulatory language in response to these bills. This phase will include a stakeholder review process prior to adoption, if you are interested in being part of that stakeholder process, you can let us know by emailing FoodSafety@vdh.virginia.gov
Please take a look at the FAQs and additional resources below to learn more about Food Allergens and the new regulations.
No new requirements will be enforced until the regulations are in effect- this means no changes to food establishment operations are required at this time.
FAQs
Question 1: Will new food allergy requirements take effect July 1, 2026?
Answer: 1: No
Question 2: When will new food allergen requirements be required for Retail Food Establishments?
Answer 2: The 3 bills require VDH to draft and adopt regulations, that then will need to be enacted by the Board of Health. We do not have a timeline at this time however we anticipate these regulations to go into effect in 2027. This page will provide updates on these timelines.
Question 3: Will VDH provide the Food Allergen Notice for staff of restaurants and where can we find the Food Allergen Notice?
Answer 3: VDH will provide the Food Allergen Notice, and will be available at Food Allergen Awareness - Environmental Health or you can contact your Local Health Department.
Question 4: Will VDH provide the Food Allergen sign for consumers that say "If you have a Food Allergy, please notify us."
Answer 4: Yes, VDH will provide a sign that food establishments can display in a food establishment; however, a food establishment can create their own sign and/or may need to include this language on menus based on the new regulations. All online menus will need to include the statement "If you have a food allergy, please notify us" and provide a method by which a customer may indicate any food allergy.