If an animal food such as beef, eggs, fish, lamb, milk, pork, poultry or shellfish is served or sold raw, undercooked or without otherwise being processed to eliminate disease causing microorganisms (pathogens), food establishments must make consumers aware of the risk by providing the following written information:
- Disclosure: Animal foods that are or can be ordered raw or undercooked must be clearly identified.
- Reminder: A written statement that identifies the health risk of consuming the raw or undercooked animal food must be provided.
Methods of Compliance With Consumer Advisory Requirements
Both disclosure and reminder components must be present to be in compliance.
- Disclosure must be at the point where food is selected by the consumer.
- Disclosure must identify the food items and specify that those food items are, or contain, raw or undercooked animal foods.
- You may use a description such as: Oysters on the half-shell (raw oysters), Raw-egg Caesar salad or Hamburgers (cooked rare to order).
- You may asterisk the food item and use a footnote that states the disclosure such as "Served raw or undercooked" or "Contains raw or undercooked ingredients."
- The reminder may be on any page of the menu and located so that the consumer may easily find it, on a placard, on a table tent or by other written means.
- You may use a consumer advisory brochure in which case you would asterisk the undercooked animal food and provide a footnote that states: “Regarding the safety of these items, written information is available upon request."
- You may identify by asterisk the animal food that requires disclosure and use a footnote that states: "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness” or “Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."
- A consumer advisory is not required when serving undercooked whole muscle, intact beef steaks when supported by written buyer specifications or invoices or undercooked pasteurized eggs.
- A consumer advisory is required if you are serving sushi since parasite control does not remove the risk of bacterial contamination and growth.
- Raw or undercooked animal foods may not be served or offered for sale in a ready-to-eat form in facilities that serve highly susceptible populations.
You may use any of the three footnote styles displayed below.
In this case, since a hamburger may be ordered rare (undercooked), it is asterisked and explained in the footnote.
*This item may be served undercooked. Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness.
In this example, the item is simply asterisked, which means that it contains raw or undercooked ingredients — in this case raw eggs for the Caesar salad. The asterisked item is explained in the footnote.
Soups and Salads
Grilled Chicken CaesarPrice
Sliced grilled chicken breast on our Caesar Salad*
*May contain raw or undercooked ingredients. Consuming raw or undercooked meats, poultry, seafood, shellfish or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
In this example, the item is described as containing raw oysters and then a footnote is added to remind the consumer that further information is available.
Oysters or Clams*Price
Half dozen select seasonal raw oysters or choice raw clams served on the half- shell with cocktail sauce and lemon.
*Regarding the safety of these items, written information is available upon request.