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.

Be Prepared—Norovirus Clean-Up Procedures

We are used to daily cleaning and sanitizing procedures, but norovirus clean-up is very different so it is important to be prepared. You should use these procedures if a norovirus outbreak occurs in your operation or if there is any vomiting event. You might be asking how do you know that norovirus was the cause of a vomiting incident. Well, at the time it occurs you won’t know. So the appropriate action is to assume that all vomiting may be caused by norovirus and clean it up as if it were. It is always better to err on the side of caution.

Tis the Season!

Holiday Food Safety RX

There is always a lot to do during the holiday season with extra shopping, baking, social events, decorating, travel, and other tasks to complete. It is not uncommon to hear the rattle of OTC (over the counter) pain killers in other’s personal bags! In this blog, Jeannie and I offer our prescription for keeping food safety during the holidays.

Holiday Health

The holidays are here! (A reminder just in case you haven’t seen store decorations and TV ads!). This IS a special time of year with gatherings of friends and families to celebrate, reflect, and partake of food and drink. However, it is also the time of year where the Germ Grinch and excess stress can spoil all the fun. Don’t let that happen on your watch! Common sense practices, based on research and publications by CDC, can keep the Grinch at bay. FoodHandler® also focused on this topic in a recent webinar. In this blog, our first for December, some tips on how to stay healthy during the holidays (and the rest of the year) will be covered while the second blog will address some food handling and service strategies to keep you and your guests safe.