The latte made at the counter and the muffin wrapped that morning for the case fall under different federal food rules, and the difference decides what a menu line, a shelf label or an Instagram caption can safely say.
Made to order or packaged ahead. The FDA’s allergen labeling requirements reach food that a retail or foodservice business packages itself and offers for sale: the wrapped scone, the bottled cold brew, the boxed sandwich in the fridge. They do not apply to food wrapped or bagged because a customer has just ordered it, which covers the drink and the toast made while the customer waits. That line comes from the FDA’s allergen labeling questions and answers, fifth edition, published in January 2025.
Sesame counts. Since January 1, 2023, sesame has been the ninth major food allergen and must be labeled on packaged foods. A sesame bagel bagged ahead for the morning rush needs it on the label.
“Nut-free” has to be true. The same FDA guidance says any voluntary free-from claim has to be truthful and must not mislead. A shared oven, a shared grinder or a steam wand used for almond milk are the details that turn a cheerful nut-free post into a problem. The safer copy describes what the kitchen actually does.
Gluten-free on a menu board. The FDA’s gluten-free rule is written for packaged food, but the agency recommends that restaurants making the claim on menus stay consistent with its definition, under which any unavoidable gluten must be below 20 parts per million. A pastry baked beside wheat flour rarely meets that, and a vague “gluten-friendly” line invites exactly the review nobody wants.
Where your own rules come from. The permit on the wall comes from your city or county health department, and those local rules are modeled on the FDA Food Code, which the agency has now issued in a 2026 edition. Your inspector’s version may differ from the next county’s.
Why this sits on a marketing page: the photos, menu text and posts we write for a cafe make claims, and an allergen claim is the one that can hurt somebody. We write them from what the shop really does, and we ask before a free-from word goes on anything. For a specific product, your health department has the final word.