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.

Evaluating Food Safety

One of the suggestions I made in the last blog was to assess the food safety culture in your organization by observing the food handling techniques of workers. Let’s explore that some more. You can do an overall assessment or you can hone in on specific areas of the operation, such as production or cleaning practices. Remember, when the environmental health inspector visits your operation, he/she just gets a snapshot of what is going on in your operation on that particular day at that specific time. You are there nearly every day, so you have a much better understanding on what really happens in your operation.

September is National Food Safety Month: The Future of Food Safety

Each September we recognize the importance of food safety every day in our operations by celebrating National Food Safety Month. This year’s theme, The Future of Food Safety, emphasizes the changing environment in which foodservice operates. Each week of September has a unique focus:

September is Food Safety Education Month: The Culture of Food Safety

Developing a culture of food safety is important for any foodservice operation. You may be wondering--just what is a culture of food safety? Let’s start talking about it by first defining what is meant by culture. When you look culture up in the dictionary, you will see terms such as shared knowledge, beliefs, values, attitudes, and meanings; a way of life; patterns of behavior; learned behavior of a group of people; and transmitted from generation to generation. I think these descriptors provide good insight into the meaning of a culture of food safety. You can also think about where you grew up, and a vision of culture comes. For example, I grew up in rural Oklahoma, graduating in the 1970’s with a class of 24 students. My culture instilled in me an appreciation for rural life, hard work, and independence. As I grow older, I realize I haven’t changed very much from my early years, even though I have completed a PhD, lived a lot of places, and traveled throughout the world!

Produce Safety: Special Considerations

In our last blog, I talked about general produce safety. Today, I want to talk about some special products—melons, tomatoes, leafy greens, and sprouts. These are all foods that have a history of bacterial contamination leading to foodborne illness. I also want to discuss salad bars because they have some special risks.