Food safety is a top priority in the foodservice industry, especially when it comes to Time/Temperature Control for Safety (TCS) foods — those that require careful handling to prevent foodborne illness. According to the U.S. Food and Drug Administration (FDA) Food Code and ServSafe guidelines, restaurants and food establishments must make customers aware of potential risks associated with certain menu items. This is accomplished through the use of a consumer advisory.
Understanding when a consumer advisory must be provided for menu items containing TCS food isn’t just a regulatory requirement — it’s an essential component of ethical food service and public health protection. In this comprehensive guide, we’ll explore the what, why, when, and how of consumer advisories, with a focus on TCS foods as outlined by ServSafe and the FDA Food Code. Whether you’re a restaurant manager, chef, or food safety professional, this article will equip you with the knowledge you need to stay compliant and protect your customers.
What Are TCS Foods?
TCS stands for Time/Temperature Control for Safety, which refers to foods that require specific control of time and temperature to prevent the growth of harmful bacteria. These foods are typically moist, protein-rich, and have a neutral pH, all characteristics that make them ideal breeding grounds for pathogens like Salmonella, E. coli, Listeria, and Staphylococcus aureus.
Examples of TCS Foods
Common TCS foods include:
- Raw or cooked meats (beef, pork, poultry)
- Seafood (including raw oysters, sushi, and sashimi)
- Eggs and egg dishes (such as homemade mayonnaise or custards)
- Dairy products (like milk, cheese, cream-based sauces)
- Cooked vegetables (e.g., rice, potatoes, pasta)
- Beans and other legumes when cooked
- Garlic in oil mixtures (if not acidified)
- Sprouts and fresh juices (if not pasteurized)
Because these foods support rapid microbial growth when left at room temperature for too long, they must be stored, prepared, and served under strict temperature guidelines — typically below 41°F (5°C) for cold storage or above 135°F (57°C) for hot holding.
What Is a Consumer Advisory?
A consumer advisory is a written notice provided by a food establishment to inform customers that consuming raw or undercooked animal products may increase their risk of foodborne illness. It also alerts customers to the potential risk of consuming foods that are homemade, unpasteurized, or otherwise outside standard food safety norms.
This advisory is required by the FDA Food Code (Section 3-603.11) and supported by ServSafe, the leading food safety training and certification program in the U.S.
Purpose of a Consumer Advisory
The primary purpose of a consumer advisory is transparency and risk communication. When a restaurant serves a menu item that deviates from standard safe handling practices — such as serving raw eggs in Caesar dressing or rare steak — it must alert consumers to the potential health risks involved.
This allows customers, particularly at-risk populations such as young children, older adults, pregnant women, and individuals with compromised immune systems, to make informed decisions about what they consume.
Components of a Valid Consumer Advisory
According to the FDA Food Code, a valid consumer advisory must include the following:
1. A Written Statement
There must be a clear, legible statement that appears on the menu or in a location where customers can easily see it before ordering. The statement doesn’t need to list every risky item but must cover the general categories.
2. At-Risk Population Warning
The advisory must state that “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase the risk of foodborne illness”.
3. Placement and Visibility
The advisory must be provided either:
- On the menu or menu board (preferably in close proximity to the affected items)
- In a sign posted in the dining area that is visible to customers
4. Item-Specific Disclosure (Optional but Recommended)
While not always required, it’s best practice to identify specific menu items that are raw or undercooked. For example, next to a rare steak, the menu might note “cooked to order, may be served undercooked.”
When Must a Consumer Advisory Be Provided?
A consumer advisory is mandatory when a food establishment offers menu items that include raw, undercooked, or processed animal products without a method of control that eliminates pathogenic microorganisms. This section breaks down the key scenarios.
1. When Serving Raw or Undercooked Animal Foods
Any time a restaurant offers items such as:
Rare or Medium-Rare Steaks
Beef steaks and roasts may be safely served undercooked only if they are cooked to the required internal temperatures for whole cuts (typically 135°F for medium rare). However, because ground meats — including ground beef in burgers — have increased surface area and higher risk of contamination, they must be cooked to at least 155°F for 15 seconds.
If you offer undercooked beef burgers, a consumer advisory is required. The same applies to any other meat that is not fully cooked:
- Chicken tartare or rare chicken dishes
- Undercooked pork chops or sausages
- Raw or lightly cooked eggs (e.g., sunny-side up, soft-boiled)
Raw Seafood (e.g., Sushi, Sashimi, Oysters)
Raw seafood is one of the most common triggers for a consumer advisory, particularly oysters, which are frequently consumed raw and carry a high risk of Vibrio vulnificus and other pathogens.
Even when sushi-grade fish is flash-frozen to kill parasites, the fact that it’s raw or undercooked means the FDA Food Code requires a consumer advisory.
Raw Eggs in Dishes
Dishes that contain raw or undercooked eggs, such as:
- Hollandaise sauce
- Caesar salad dressing (if made traditionally with raw egg)
- Benedictine dishes
- Cookies or cake batters served for tasting
…must be disclosed via consumer advisory if they are made with shell eggs.
2. When Offering TCS Foods That May Be Cross-Contaminated
If a restaurant uses the same equipment, utensils, or preparation areas for raw and cooked foods without proper handling — such as searing a rare steak on the same grill as fully cooked chicken — it could lead to cross-contamination. While this doesn’t explicitly require a consumer advisory by itself, the act of serving undercooked items in environments where cross-contamination is possible increases risk, and therefore underscores the importance of clear consumer warnings.
3. House-Prepared Foods with Risk Factors
Some house-prepared dishes use ingredients that fall under TCS categories and may lack commercial safety processes. Examples include:
- Homemade kimchi or fermented vegetables without validated processes
- Unpasteurized fruit or vegetable juices
- Garlic or herbs packed in oil if not acidified or refrigerated
- Home-canned foods
Although these aren’t always animal products, if they involve TCS components and are not prepared using a scientifically validated safe method, regulatory authorities may require advisories — especially when served raw or inadequately preserved.
ServSafe’s Role in Consumer Advisory Policy
ServSafe, managed by the National Restaurant Association, is the most widely recognized food safety training program in the foodservice industry. While ServSafe itself doesn’t enforce regulations, it teaches and reinforces the FDA Food Code standards, including those related to consumer advisories.
How ServSafe Guides Foodservice Professionals
Training Emphasizes Risk Communication
ServSafe curriculum stresses that when a food item carries a risk due to rawness, undercooking, or special preparation (like sushi), staff must:
- Understand the microbiological hazards involved
- Be trained on how to respond to customer questions about preparation methods
- Ensure that written advisories are properly displayed
Safe Cooking Temperatures and Exceptions
ServSafe provides tables and guidelines for proper cooking temperatures. Crucially, it also highlights the need for advisories when these temperatures are not met — such as with customer requests for rare or medium-rare ground beef.
Documentation and Compliance
ServSafe encourages establishments to maintain documentation of consumer advisory postings, including photos, menu copies, and staff training records. This helps demonstrate compliance during health inspections.
Implementation: How to Apply the Advisory Correctly
Knowing the rules is only half the battle. Proper implementation ensures consumer safety and regulatory compliance.
Menu Language and Placement
Where you place the consumer advisory on the menu is as important as what you say.
Effective Advisory Wording
A recommended statement is:
“Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs increases your risk of foodborne illness. This includes rare or medium-rare meat dishes, raw seafood (like sushi or oysters), and foods made with raw eggs.”
This statement should be clear, concise, and prominently displayed — typically at the bottom of a menu or at the beginning of the entrée section.
Highlighting Specific Items
In addition to the general advisory, consider using symbols or footnotes next to individual dishes. Common approaches include:
| Dish | Advisory Annotation |
|---|---|
| Beef Tartare | *Raw* — Consuming raw beef may increase the risk of foodborne illness |
| Blue-Rare Ribeye | *Very undercooked* — Served at your request; not recommended for at-risk individuals |
| Caesar Salad (Traditional) | *Includes raw egg* |
| Fresh-Squeezed Orange Juice | *Unpasteurized* |
Verbal Communication: The Role of Staff
Even with a written advisory, staff training is critical. Servers and bartenders should be able to:
- Identify which menu items carry risk
- Explain preparation methods (e.g., “Our tartare is made with raw beef, served uncooked”)
- Offer alternatives when appropriate
- Recognize high-risk customers and gently caution them
During the ordering process, servers should ask customers about their preferences and clearly state if an item is served raw or undercooked. This not only improves customer experience but also helps cover liability in the case of illness.
Legal and Health Implications of Non-Compliance
Failing to provide a consumer advisory for TCS food items that are raw or undercooked has serious consequences.
Health Department Violations
During routine inspections, health departments check for:
- Presence of a consumer advisory statement
- Visibility and legibility
- Correct application to relevant food items
Non-compliance can result in point deductions, fines, or even temporary closure — especially if it’s part of a pattern of food safety violations.
Liability and Lawsuits
If a customer becomes ill after consuming a raw or undercooked food and your establishment didn’t provide a consumer advisory, you may be held liable. Even if the illness was caused by an unrelated factor, the absence of a disclosure makes legal defense much harder.
Courts generally recognize that establishments have a duty of care to warn patrons of known hazards — particularly when those hazards are preventable through cooking or alternative preparation.
Reputation Damage
A foodborne illness outbreak linked to your restaurant — especially if preventive warnings were absent — can cause severe reputational damage. In the age of social media and online reviews, a single viral negative experience can deter customers for months or years.
A properly implemented consumer advisory doesn’t scare customers — it builds trust and credibility by showing you take food safety seriously.
Best Practices for Compliance and Customer Safety
Going beyond the minimum requirements helps you protect customers and reduce risk. Consider the following best practices.
1. Customize Advisories by Menu
Avoid one-size-fits-all statements. If your restaurant is a sushi bar, emphasize raw seafood risks. If you’re a steakhouse, focus on undercooked meat warnings. Tailor your advisory to your offerings.
2. Use Multilingual Advisories if Needed
In diverse communities, offering advisories in multiple languages ensures all customers understand the risk, especially in areas with high populations of non-English speakers.
3. Train Staff Regularly
Foodservice staff turnover is high. Conduct regular training sessions to ensure every employee — from servers to cooks — understands the importance of consumer advisories and knows how to communicate them.
4. Review Menus During Seasonal Changes
When updating seasonal menus, always assess new items for TCS risks. A spring special with undercooked lamb or a summer dish with unpasteurized aioli may require an advisory update.
5. Document Everything
Keep dated copies of your menu, advisory wording, and staff training logs. During a health inspection or legal inquiry, documentation proves your commitment to compliance.
Special Cases and Exceptions
Not all undercooked foods carry the same risk, and not all situations require advisories. Let’s examine a few edge cases.
Vegetarian and Vegan Raw Foods
Raw plant-based foods — such as raw carrot sticks, uncooked sprouts, or fresh berries — are generally not subject to consumer advisories even though sprouts are considered TCS foods. However, if your menu includes raw sprouts or unpasteurized juices, many jurisdictions recommend or require disclosure.
Sprout growers are required by FDA guidance to follow special safety protocols, and restaurants should source sprouts from approved suppliers.
Kids’ Menus and Risk Populations
Serving undercooked foods to children is especially risky. While a consumer advisory applies to all customers, it’s considered best practice to avoid offering undercooked items on kids’ menus altogether.
If you do offer them, reinforce the advisory and train staff to actively discourage undercooked orders for children, elderly, pregnant women, or immunocompromised individuals.
Potentially Hazardous Foods Not from Animal Sources
Some TCS foods — like cooked rice or cut melons — don’t come from animals and are not typically included in the consumer advisory if properly handled. The advisory primarily targets raw or undercooked animal products.
However, poor cooling, storage, or handling of these plant-based TCS foods can still lead to outbreaks (e.g., Bacillus cereus in rice, Salmonella in melons), so safe practices remain vital.
Conclusion: Prioritizing Safety Through Transparency
A consumer advisory is more than a regulatory requirement — it’s a fundamental expression of respect for your customers’ health and autonomy. When your menu includes any TCS food that is raw, undercooked, or prepared in a non-traditional high-risk format, you must provide a clear, visible, and FDA-compliant advisory.
From rare steaks to raw oysters, from homemade dressings to undercooked burgers, the rule is consistent: if pathogens may remain due to lack of sufficient heat treatment, the customer has the right to know.
By following ServSafe guidelines and the FDA Food Code, implementing proper advisories, and training your staff, you protect your customers, maintain compliance, and build a trustworthy brand in the competitive foodservice industry.
Remember: an informed customer is a safe customer. When in doubt, post the advisory. When serving rare, raw, or undercooked animal products — especially TCS foods — there’s no such thing as too much caution.
What is a consumer advisory in the context of food service?
A consumer advisory is a formal notice provided by food establishments to inform customers about the risks associated with consuming raw or undercooked food items, particularly those containing animal proteins such as meat, poultry, seafood, and eggs. According to ServSafe guidelines, this advisory is especially critical for menu items that include Time/Temperature Control for Safety (TCS) foods served raw or undercooked, which can harbor harmful pathogens like Salmonella, E. coli, and Listeria if not properly handled and cooked.
The advisory must be clearly visible and communicated through multiple channels, such as printed statements on menus, labels on food display cases, or posters in customer service areas. It should explicitly state that consuming undercooked food increases the risk of foodborne illness, particularly for vulnerable populations like young children, elderly individuals, pregnant women, and those with compromised immune systems. By providing a consumer advisory, food service operators fulfill their responsibility to inform diners while reducing potential liability.
When is a consumer advisory required for a menu item containing TCS food?
A consumer advisory is required whenever a menu item is served raw, undercooked, or modified from its typically cooked form—especially if the change increases the risk of foodborne illness. This typically applies to items like rare steak, raw oysters on the half shell, sushi made with raw fish, or eggs served over-easy where the yolk remains runny. According to ServSafe, these deviations from standard cooking procedures necessitate an advisory because they fail to reach the internal temperatures needed to destroy harmful microorganisms.
Additionally, the advisory is mandatory when the food establishment offers menu items that let customers choose lower cooking temperatures, such as “cooking to order” steaks or burgers. Even if the restaurant follows strict sourcing and handling procedures for raw ingredients, the risk remains due to the lack of sufficient heat to kill pathogens. The FDA Food Code, which ServSafe references, stipulates that any TCS food served undercooked must be accompanied by a consumer advisory, making this a vital compliance requirement for food service operations.
How should a consumer advisory be presented on a menu?
A consumer advisory must be clearly worded and prominently placed on the menu so that customers can easily see it before ordering. The statement should either appear adjacent to the affected menu item or as a separate, clearly labeled section at the bottom or top of the menu. Using bold text, a box, or a contrasting font helps draw attention to the advisory. For example, adjacent to a rare steak offering, a restaurant might place an asterisk followed by a statement like: “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs increases your risk of foodborne illness.”
Additionally, the advisory can be integrated into menu design through icons, footnotes, or pop-up notices on digital menus. It is not enough to mention the advisory only verbally or through staff; written communication is required. The FDA Food Code specifies that the disclosure must be “conspicuous” and “closely associated” with the relevant menu item. Proper formatting ensures that both staff and customers understand which items present higher risk, promoting informed decision-making and regulatory compliance.
Are there specific foods that always require a consumer advisory?
Yes, certain foods are inherently higher risk when served raw or undercooked and therefore always require a consumer advisory. These include raw or undercooked eggs, such as those in homemade Caesar dressing or sunny-side-up eggs; undercooked ground beef, like in a rare burger; raw shellfish, such as oysters on the half shell; and raw or marinated fish used in dishes like ceviche or sushi. Because these items are TCS foods, they support the growth of pathogens if not properly controlled.
According to ServSafe, the requirement applies regardless of the source or preparation method—so even if a restaurant uses high-quality, sushi-grade fish, the advisory is still necessary. The focus is on consumer awareness, not risk elimination. The advisory ensures that patrons understand that even under strict safety protocols, consuming undercooked TCS food is inherently riskier than consuming fully cooked versions. This is particularly important for vulnerable populations who may not be aware of the increased health risks associated with these choices.
What are the consequences of not providing a consumer advisory?
Failing to provide a consumer advisory when required can result in serious consequences, including violations during health inspections, fines, or mandated corrective actions by local health departments. These violations are often classified as priority items, meaning they directly relate to factors that contribute to foodborne illness. Repeated or severe non-compliance can lead to increased inspection frequency, operational restrictions, or even temporary closure of the establishment.
Beyond regulatory penalties, restaurants also face legal liability if a customer becomes ill after eating an undercooked item that lacked a proper advisory. Without clear disclosure, the establishment may be held responsible for not warning patrons of known risks. Lawsuits related to foodborne illness can result in significant financial and reputational damage. Providing a consumer advisory protects both public health and the business by demonstrating due diligence in informing consumers of potential risks.
Can verbal disclosure replace a written consumer advisory?
No, verbal disclosure alone is not sufficient to meet ServSafe and FDA Food Code requirements for a consumer advisory. While staff can (and should) inform customers about the risks of undercooked food, the official advisory must be in writing and visible on the menu or in the dining area. Verbal communication may be forgotten, misunderstood, or inconsistently delivered, so relying solely on staff to convey this information does not ensure compliance.
A written advisory provides a consistent and verifiable method of disclosure. The FDA Food Code explicitly requires that the advisory be “closely associated” with the affected menu item and seen by the customer before ordering. This means customers must have the ability to read and consider the warning independently, even without staff interaction. Combining written advisories with trained staff who can answer questions strengthens food safety practices and demonstrates a comprehensive approach to customer education.
Does a consumer advisory need to be in multiple languages?
While the FDA Food Code and ServSafe guidelines do not explicitly require consumer advisories to be in multiple languages, restaurants operating in areas with diverse language populations are encouraged to provide advisories in the primary languages spoken by their customers. The goal is to ensure that all patrons can fully understand the risks associated with consuming raw or undercooked foods. If a significant portion of customers speaks a language other than English, offering translated advisories enhances comprehension and promotes safer consumer choices.
However, if a restaurant chooses to provide multilingual advisories, each translation must be equally clear, accurate, and prominently displayed. Simply including a foreign language translation does not reduce the requirement for a well-placed English advisory. Furthermore, local health department regulations may impose additional language requirements, so operators should consult with local authorities to ensure full compliance and effectiveness of their consumer advisories.