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.

Foodborne Illness Myths & Facts

“It must have been something I ate.” That’s the typical statement when a person develops some relatively minor symptoms from food. Maybe not severe enough to go to the doctor so you choose to tough it out without medical care. Sudden onset of flu-like symptoms such as onset of stomach cramps, diarrhea, vomiting and fever could possibly mean you are the victim of a foodborne illness. The illness is sometimes referred to as “food poisoning”, but it’s often misdiagnosed.

Don’t Compromise: Clean and Sanitize

The subject is cleaning and sanitizing. Chefs, food service directors, managers and staff try to practice safe food-handling at every turn in the kitchen. Don’t let that effort go down the drain by slacking off on the many aspects of sanitation. That includes dish and ware-washing techniques (pots, pans, equipment), and cleaning all the areas that give us that “neat as a pin” appearance in your customers eyes. Customers seldom fail to bring that soiled silverware or glass with lipstick on it to the attention of the manager or wait staff. Improperly cleaning and sanitizing of food contact equipment does allow transmission of pathogenic microorganisms to food and ultimately our customer.

The Route to Safer Fresh Fruits and Vegetables

Although fruits and vegetables are one of the healthiest foods sources in our diet, we continue to have foodborne disease outbreaks of significance from produce, sometimes affecting large groups of people in multiple states because of their wide distribution. The CDC estimates that fresh produce now causes a huge number of foodborne illness outbreaks in the United States. Produce needs our continued food safety efforts at the restaurant level as well as at the stages in agricultural production. Occasionally, fresh fruits and vegetables can become contaminated with harmful bacteria or viruses, such as Salmonella, E. coli 0157:H7, Norovirus, and Hepatitis A. This contamination can occur at any point from the field to our table. If eaten, contaminated fruits and vegetables can cause foodborne illness.

Be Cool, Chill Out, Refrigerate Promptly!

The Cold Chain -- Keeping perishable foods at proper cold holding temperatures (between 28°F and 41°F maximum or 0°F for frozen food) from your food producers / manufacturers to your customers has to be one of our strongest links to safe food and high quality. Sometimes that is referred to in the food industry as “maintaining the COLD CHAIN”. Any slip ups in the cold chain, and we have a weak link. Most all of our state food regulations require 41°F as a cold maximum, but colder is a “best practice” policy to maintain.