Virginia senators split on food labeling bills after weeks of debate over religious and allergy notices

Senators on the Senate Education and Health Committee advanced separate but related bills aimed at giving restaurant patrons clearer information about ingredients and food-allergy procedures.

The committee approved amendments and later reported Senate Bill 1133, carried for the town of Herndon, which asks restaurants and caterers to place a conspicuous notice next to or under menu items that contain pork products. The committee removed a penalty provision and revised wording to ask that restaurants "make all reasonable efforts" to provide the requested information rather than imposing fines for inadvertent errors. The motion to report SB 1133 as amended passed in committee and the measure was recorded as reported as amended.

The committee also reported Senate Bill 1350, which would require the State Department of Health to post a food-allergy notice in English and in the six most-spoken languages on its website and would require restaurants to post the same notice in employee-accessible areas in languages spoken by staff. SB 1350 also requires restaurants to include a food-allergy notification on menus and to provide a method for customers to indicate allergies. A proposed civil penalty was removed in committee; senators confirmed there is no civil penalty in the version that advanced.

Supporters told the committee they brought the bills in response to constituents who wanted clearer information to avoid violating religious dietary restrictions or to reduce the risk of allergic reactions. Senator Boisco said the pork-notice bill was requested by Herndon officials because of a substantial Muslim and Jewish population and clarified that the adopted amendment removed the earlier penalty so restaurants would not face fines if a disclosure was missed.

Opponents and some committee members raised questions about overlapping federal allergen labeling rules for packaged foods and the scope of state law for prepared foods. Counsel noted that existing Virginia law (Code of Virginia § 3.2-5124 and related sections) already addresses certain representations of "kosher" or "halal" for repackaged foods and that SB 1133/SB 1350 are distinct from those provisions. Senators also debated whether the measures should be statewide or left to local ordinance—Senator Head urged that localities could adopt rules if desired, while Senator Boisco said Herndon residents commonly patronize restaurants outside the town's four-square-mile boundary and favored a statewide standard.

Committee staff and counsel clarified that the bills use the statutory term "restaurant," which in state code excludes manufacturers of packaged goods sold in grocery stores; convenience stores that primarily sell packaged goods would generally not be covered. Committee counsel also said the Department of Health would publish the model allergy notice in English and the six most-spoken languages.

The committee recorded the report on SB 1350 after the line amendment removing civil penalties was adopted. The vote tally in committee was recorded as Ayes 10, Noes 3, 2 abstentions for SB 1350 in its substitute form.

Senators said they want restaurants to do more to prevent inadvertent cross-contact and to improve staff awareness while avoiding punitive measures that could penalize servers for mistakes. The bills will continue through the legislative process with the text that the committee advanced.

A next step for both bills will be committee reports and any subsequent consideration on the Senate floor or conference with the House where companion language may appear.

Ending: Lawmakers said they expect to continue stakeholder outreach as the bills move forward and that the Department of Health notice will serve as a baseline for restaurant training and customer disclosures.