Food Laws & Regulations

American with Disabilities Act of 2008 (ADAAA)

In September, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (“ADA Amendments Act” or “Act”). The Act broadens the definition of disability and the scope of coverage under both the ADA and Section 503 of the Rehabilitation Act.

Emphasis is placed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis, making it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The impact to meetings and events can potentially be felt under both Title I and Title III, affecting companies hosting employee events and the places of pubic accommodation events are held.

The Food Code, published by the U.S. Food and Drug Administration (FDA), is a framework that assists food control jurisdictions at all levels of government—state, county, city—by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the food and beverage industry (e.g., restaurants, grocery stores, convention centers, hotels, nursing homes).

Regulators at the local, state, tribal, and federal level use the FDA Food Code to develop or update their own food safety rules and to be consistent with national food regulatory policy.

The full edition of the Food Code is updated by the FDA, with the support of the Conference for Food Protection (CFP), every four years. The FDA has been known to publish a Food Code Supplement that updates, modifies, or clarifies certain provisions in between the full edition updates.

The 2022 Food Code is the most recent full edition published by FDA. As of July 2024, seven states, — Connecticut, Colorado, Illinois, Mississippi, Ohio, Pennsylvania, Utah — Puerto Rico and the U.S. Virgin Islands have adopted the 2022 Food Code as it. Check out what food codes each state has adopted here.

September 1, 2024, marked the beginning of a new chapter in food safety in the state of Texas with the implementation of the Sergio Lopez Food Allergy Awareness Act, which went into effect on September 1, 2023. Named in honor of a young man who tragically lost his life to a preventable allergic reaction, this law aims to ensure that all Texans can dine safely, regardless of their dietary needs.

The Act requires that every food service establishment in Texas display a food allergy awareness poster in an area accessible to all food service employees. This is not just a piece of paper on the wall; it’s a critical tool to protect guests with food allergies by educating staff about the risks and appropriate responses to allergic reactions. The Texas Department of State Health Services (DSHS) is responsible for determining the poster’s content, which must be developed in collaboration with experts in food allergies and kept current with U.S. Food and Drug Administration (FDA) standards.

Under this law, the poster must include:

• The risk of an allergic reaction to a food allergen
• Symptoms of an allergic reaction
• The major food allergens, as determined by federal law and regulations of the United States Food and Drug Administration
• Procedures for preventing an allergic reaction
• Appropriate responses for assisting an individual who is having an allergic reaction.

Additionally, the law mandates that any education or training program accredited by the Texas Department of State Health Services must now include information on food allergen awareness. This applies to the certification and renewal of food managers and food handlers starting September 1, 2024. The law also specifies that all state-approved exams for food manager certifications must test applicants on this food allergen awareness content.

The Act also prevents local jurisdictions — such as counties, municipalities, or public health districts — from adopting or enforcing any orders, ordinances, or rules related to food allergens that are inconsistent with or exceed the requirements of the Act, ensuring a consistent standard of safety across Texas.

In October 2021, the United Kingdom implemented Natasha’s Law to enhance food allergen transparency and consumer safety.  This regulation mandates that all prepacked for direct sale (PPDS) foods display a full ingredients list with allergens clearly emphasized.

Understanding PPDS Foods

PPDS foods are items packaged on the same premises where they are offered or sold to consumers before selection or ordering.  Common examples include:

• Sandwiches and bakery products packaged on-site before sale.
• Fast food items prepackaged and kept under heat lamps.
• Prepackaged salads, pasta pots, or similar ready-to-eat meals.

Labeling Requirements

Under Natasha’s Law, businesses must ensure that PPDS foods are labeled with:

• The product’s name.
• A complete ingredients list.
• Clear emphasis on any of the 14 major allergens present, such as peanuts, milk, and shellfish.

This emphasis can be achieved through bold text, contrasting colors, or underlining.

Implications for Event Caterers

Event caterers producing PPDS foods must comply with these labeling standards.  This includes prepackaged canapés, boxed meals, or any food prepared and packaged before the event.  Accurate labeling is crucial to ensure the safety of guests with food allergies.

Benefits of Compliance

Adhering to Natasha’s Law not only fulfills legal obligations but also:

• Enhances transparency and trust with clients and guests.
• Reduces the risk of allergic reactions.
• Demonstrates a commitment to inclusivity and guest safety.

For detailed guidance, refer to the Food Standards Agency’s resources on allergen labeling for PPDS foods.