With over 32 million Americans living with food allergies, and severe allergic reactions on the rise, Chapter 541 reflects a regulatory pivot toward proactive safety in public dining spaces. The law recognizes nine “major food allergens”: milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, and soybeans. It also covers food ingredients derived from those allergens—except for highly refined oils.

Key Definitions: Who Must Comply?

• Food Service Establishment: As defined by NY Codes Title 10 §14-1.20(a), all fixed-location restaurants fall under this law. Mobile food trucks are excluded.

• The Department: Westchester County Department of Health.

• The Commissioner: The head of the Department, tasked with rule enforcement and training approval.

Mandatory Signage: Public and Staff Alerts

Section 541.11 mandates that each food service establishment must display at least two signs: one in a customer-facing area and another visible to kitchen staff. These signs, provided by the Department, must be in English and Spanish, with other languages added as necessary. They must also be printed in at least 21-point font with contrasting colors. The signs must include the names of the nine major allergens, symptoms of allergic reactions (such as hives, swelling, vomiting, and anaphylaxis), protocols for customer disclosure of allergies, response to allergic reactions, and a statement regarding the designation of trained food safety officers.

Training Requirements: Designated Allergen Safety Officers

Per Section 541.21, restaurants must designate trained personnel:

• With seating: Minimum of one trained staff member in both front and back of house.

• Without seating: At least one trained employee on-site at all times.

The Westchester County Health Department has designated the following courses as acceptable: ServSafe Food Allergen class, StateFoodSafety, AllerTrain Course, and FARECheck. Written certification of completion must be kept on file and is subject to inspection. Recertification will be required at intervals determined by the Department.

Penalties for Non-Compliance

• Violating the signage or training requirements is a civil offense under Section 541.51.

• Each violation may incur a fine of up to $2,000, administered under procedures consistent with Chapter 873 of the Westchester County Sanitary Code.

• There is no private right of action—only the Department may enforce this law.

Bottom Line

There are over 4,000 food-serving establishments in Westchester County. With food allergies affecting over 32 million Americans, Chapter 541 isn’t just regulation—it’s risk mitigation. Compliance with the law is critical to avoiding liability, maintaining operational licenses, and safeguarding public health.

Food service operators can contact the Westchester County Department of Health directly at (914) 864-733 for more information.