Decoding the Consumer Advisory Requirement

When designing a menu featuring items such as a medium-rare steak, eggs cooked sunny-side-up, or a tuna tartare, the culinary presentation and the item’s profit margins are often the most important considerations. However, failing to provide the consumer advisory required for these dishes can result in an automatic health code violation.

To remain fully compliant with regulatory standards, retail foodservice operations that serve raw or undercooked animal foods must properly format and display a Consumer Advisory, which is outlined in Section 3-603.11 of the 2022 FDA Food Code, Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.

According to the code, if an animal food, such as beef, eggs, fish, lamb, pork, poultry, or shellfish, is served or sold raw, undercooked, or without being processed to eliminate pathogens, the foodservice operation must inform consumers of the increased health risk. To satisfy this, your menu or setup must incorporate two distinct structural components:

The Disclosure: A written statement that clearly identifies the animal-derived foods that are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens. This must be specific and developed from your menu, for example, Caesar Salad, hamburgers, or whatever items you have on your menu that can be ordered raw, undercooked, or without food preservation.
The Reminder: Under the FDA Food Code, consumer advisory reminders must link raw or undercooked animal foods to a footnote that warns of increased foodborne illness risks, either generally or for vulnerable populations, or alternatively states that written safety information is available upon request.

…failing to provide the required consumer advisory for raw or undercooked dishes can result in an automatic health code violation…

Operators have flexibility in how they display disclosures on their menus. Executing the consumer advisory requires a balance between regulatory compliance and guest experience. Common methods include explicitly describing the items within the menu text, such as “Oysters on the half shell (raw)”, “Caesar Salad (uncooked egg)”, or “Ribeye steak (cooked to order)” or attaching a symbol (like an asterisk) directly next to the menu item name to link it to a footnote.

If you use the asterisk method, it must point directly to a reminder footnote at the bottom of the menu. While the exact wording can vary slightly depending on state and local health department adoptions, a widely accepted standard that is pulled from the food code itself reads: “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.” Be sure the font size of your footnote is legible. Health inspectors frequently cite menus in which the consumer advisory text is reduced to unreadable fine print at the very bottom margin.

Hard-copy menus used in the operation are not the only place guests view your offerings. If your establishment utilizes digital displays, online ordering platforms, QR code menus, or third-party delivery apps, the consumer advisory must be visible there as well. Ensure your website or ordering portal clearly displays the required disclosure and reminder text before a customer can finalize checkout.

If your concept changes its menu daily or writes specials on a chalkboard, printing new menus constantly is impractical. The Food Code allows alternative posting methods when menus are absent, such as brochures, table tents, or clearly visible notices displayed at the point of ordering.

A consumer advisory is more than just a box to check for a health inspector; it is a vital communication tool that protects both your guests, especially highly susceptible populations, and your business liability. Review your menus today to ensure your disclosures and reminders are properly paired, easy to read, and fully aligned with Section 3-603.11 Risk Nothing.

Keeping Food Safe While Serving Outdoors

This afternoon I met some friends for lunch and as I drove through our beautiful downtown area in Manhattan, KS, I noticed that many people were taking advantage of the gorgeous weather and dining outside with friends. For our local community - outdoor dining is one of the remnants of COVID that we actually have come to enjoy on beautiful days. With spring in full swing and summer just around the corner, many foodservice operations are taking advantage of the warm weather by offering outdoor dining options.

The Importance of Air Gaps in Providing Safe Food to All

Late last month, I was exploring job tasks that are important for entry-level foodservice managers to understand related to food safety. The usual items that you would suspect were on the list were certainly included – foodborne outbreaks; temperature danger zone; physical, biological, and chemical contamination; personal hygiene and proper glove use; HACCP systems, etc. But one thing I noticed was missing that really is integral to protecting the food supply in any foodservice operation is air gaps.

Flour Safety: Don’t Let E. coli become the Secret Ingredient in your Cake.

Earlier this month, we started to see information coming out about a foodborne illness outbreak from an unlikely source – flour. As of early-April, 12 people had fallen ill, and three people had been hospitalized as a result of flour contaminated with Salmonella. While the outbreak is still in its early stages, no individuals have died because of their illness. A specific source has not yet been identified in the outbreak, but all who have fallen ill have reported eating raw batter or dough due before developing symptoms – and flour has been identified as the only common ingredient in these batters and doughs.

Be Proactive and Don’t End Up in Food Safety Jail!

Ok, I admit – there really is no food safety jail. But there is jail and, while it is uncommon, you can be sent there for not practicing food safety. Just the other day, I ran across a news report about two individuals in Wales who were sent to jail (albeit a suspended sentence) for “failing to take action to protect food from the risk of contamination; placing unsafe food on the market; failing to comply with a Remedial Action Notice and operating the business without approval after permission to supply seafood was suspended.”