In a significant move toward consumer safety, the Michigan Legislature is considering House Bill 5402, a proposal that would fundamentally change how restaurants communicate with diners with food allergies. Introduced by Rep Brenda Carter earlier this month, the bill seeks to pull back the curtain on “unpackaged food” ingredients, requiring establishments to provide explicit, written notice of major allergens.
The bill arrives just as a national trend toward menu transparency gains momentum, most notably following California’s landmark enactment of the Allergen Disclosure for Dining Experiences (ADDE) Act earlier this year.
HB 5402 targets Section 6101 of Michigan’s Food Law. If passed, it would require any food service permit holder to notify consumers in writing of the presence of any major food allergens — as defined by the FDA — used as ingredients in unpackaged food.
Key Requirements of the Bill:
- Detailed Listing: Notifications must specifically list which major allergens (milk, eggs, peanuts, tree nuts, fish, shellfish, wheat, soy, and sesame) are in each item.
- Flexible Delivery: Recognizing the diversity of dining environments, the bill allows for information to be shared via:
- Printed menus or deli case labels.
- Physical table tents, brochures, or placards.
- Digital formats, such as QR codes.
- Modernizing Standards: The bill also updates regulatory language, replacing “shall” with “must” to ensure rigid compliance standards for food safety and employee training.
Michigan’s legislative push closely mirrors California’s Senate Bill 68 (the ADDE Act), which Gov Gavin Newsom signed into law in October 2025. While Michigan’s bill is currently in the committee phase, California’s law has already set the gold standard for the nation:
| Feature | California (SB 68) | Michigan (HB 5402) |
| Scope | Initially focuses on chains with 20+ locations | Proposed for all food service permit holders |
| Effective Date | July 1, 2026 | 6 months after enactment |
| Digital Option | Allowed, but must provide a physical alternative | Allowed (brochures, placards, etc) |
California’s law was inspired by 9-year-old Addie Lao, whose advocacy highlighted the life-or-death stakes of “guesswork” when dining out. Michigan’s HB 5402 follows a similar philosophy, aiming to reduce the 30,000 emergency room visits estimated to occur annually in the US due to food-allergic reactions.
HB 5402 has been referred to the House Committee on Regulatory Reform. If it follows the path of California’s legislation, Michigan could soon become the next state to provide peace of mind for the millions of residents living with severe food allergies.
While no legislation is perfect, we urge Food Allergy Research and Education (FARE) to support this bill now as it moves through the legislative process. FARE initially opposed California’s ADDE Act but later reversed course and supported it after significant pressure from the food allergy community. We hope all organizations representing people with food allergies unify in support of this measure.
Would you like to see similar legislation introduced in your state? Contact your legislators and demand action.
