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.

Proper Cooking Temperature: A Basic Food Safety Measure

Each summer, we see an increase in the incidence of foodborne illnesses. Perhaps this is because of the warmer temperatures making temperature control for Time/Temperature Control for Safety (TCS) food more difficult or perhaps it is the increased amount of people who are barbequing this time of year – it is National Picnic Month, after all!

Changing Climate: The Unseen Impact on Food Safety

In June, I was asked to participate in the Allinfoodz podcast, put on by a colleague, Dr. Amit Sharma, at Penn State University. One of the points Dr. Sharma wanted to discuss was the impact of climate change on food safety, which is something I was certainly aware of, but not something I had done much research on. However, when preparing for the interview and podcast, it was interesting to learn more about the relationship between the two.

Thawing Food with Food Safety in Mind

There comes a time in almost every foodservice operation where you must thaw food. Yes, I know there are those operations who have moved to fresh products only and don’t have a freezer in-house, but I am willing to bet that is more the exception than the norm. I am almost sure that anyone reading this blog who works in a foodservice operation can regurgitate what methods are acceptable to thaw food per the FDA Model Food Code. In case you don’t recall, I will discuss them briefly, but I wanted to spend some time covering these requirements a bit more in-depth – so you not only know WHAT to do, but the WHY we do it that way.

Addressing Major Food Recalls in Your Business

It seems like every year we have a large-scale food recall that reminds consumers and foodservice operators about the importance of food safety. Not that we need reminded, but it certainly puts the topic in the headlines again. Last year, it was the onion recall. This year, it may very well be the Jiff peanut butter recall, of which we are in the midst of. At the time of the publishing, we are starting to learn more about a potential hepatitis A outbreak linked to strawberries. If you have not been impacted by either of these recalls in your personal or business life, I would be surprised.