Consumer Advisory: Raw & Undercooked Foods (§3-603.11)

TL;DR

The FDA Food Code consumer advisory rule, §3-603.11, requires food establishments that offer raw or undercooked animal-derived foods (or ingredients that are raw/undercooked) in ready-to-eat form to provide a written CONSUMER ADVISORY to the customer at the point where the food is selected. The consumer advisory has TWO required parts: a DISCLOSURE and a REMINDER. The DISCLOSURE (§3-603.11(B)) identifies which items are, or can be ordered, raw or undercooked — done either by describing the item (e.g., "served raw" or "cooked to order") OR by placing an ASTERISK next to the item that links to a footnote. The REMINDER (§3-603.11(C)) is a statement that alerts the consumer to the increased risk of eating raw or undercooked animal foods, and it must use one of the statutorily specified statements (such as referencing that consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness). The advisory applies to animal foods like beef, eggs, fish, lamb, pork, poultry, and shellfish when served raw or undercooked. Importantly, the consumer advisory is a MENU DISCLOSURE mechanism — it is NOT a substitute for cooking to minimum internal temperatures, and it does NOT allow serving raw or undercooked animal foods to a HIGHLY SUSCEPTIBLE POPULATION (such as in hospitals, nursing homes, or daycare facilities), where such foods generally may not be served at all. Both the disclosure and the reminder must accompany the information from which the consumer makes a selection — typically the menu.

What the consumer advisory is — and why it exists

When a food establishment offers animal-derived foods that are raw or that can be cooked to less than the required minimum internal temperature at the customer's request, the establishment cannot simply serve them silently. The FDA Food Code requires the establishment to inform the customer, at the moment of selection, that the item is or can be raw/undercooked and that eating it carries an increased foodborne-illness risk. This is the CONSUMER ADVISORY, required by the FDA Food Code. It exists because cooking food to the required minimum internal temperature is the primary control that kills pathogens — and when a customer chooses to override that control (ordering a burger medium-rare, or eating raw oysters or sunny-side-up eggs), the establishment must ensure the customer is making an informed choice.

The consumer advisory is fundamentally a communication and informed-consent mechanism. It does not make raw or undercooked food safe; it ensures the customer knows the risk before choosing. For related food-safety fundamentals, see our guide to minimum cooking temperatures and our guide to the Big Six foodborne illnesses.

The two required parts: disclosure and reminder

Under §3-603.11, a compliant consumer advisory has BOTH a disclosure and a reminder. Missing either part is a violation.

Part 1 — the DISCLOSURE (§3-603.11(B)). The disclosure identifies which menu items are, or can be ordered, raw or undercooked. It can be provided in one of two ways: (1) a DESCRIPTION of the animal-derived foods (for example, "oysters on the half shell (raw oysters)," "raw-egg Caesar dressing," or "hamburgers (can be cooked to order)"); OR (2) identification of the items by ASTERISK (*) linked to a footnote that states the foods are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. The disclosure tells the customer WHICH items carry the raw/undercooked characteristic.

Part 2 — the REMINDER (§3-603.11(C)). The reminder is a statement alerting the consumer to the increased risk of consuming raw or undercooked animal foods. The Food Code specifies acceptable reminder statements. The reminder must be linked to the disclosed items (typically via the asterisk/footnote) and includes language such as a statement that the items are served raw or undercooked, or that consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness — often accompanied by a note that this is especially true for people with certain medical conditions. The reminder tells the customer WHY the raw/undercooked characteristic matters.

Which foods trigger the advisory

The consumer advisory applies to animal-derived foods served raw or undercooked in a ready-to-eat form. Common examples include: undercooked hamburgers and steaks cooked to order (beef); raw or undercooked eggs (sunny-side-up, over-easy, raw-egg Caesar dressing, homemade mayonnaise, hollandaise); raw or undercooked fish (sushi, sashimi, ceviche, seared tuna); raw shellfish (oysters, clams, mussels on the half shell); undercooked lamb and pork; and undercooked poultry. The common thread is an animal-derived food that is not cooked to the minimum internal temperature that would otherwise be required to render it safe.

The advisory does NOT apply to foods that are fully cooked to their required minimum internal temperatures — those foods are controlled by the cooking step itself and need no advisory. Nor does it apply to plant-based foods. The trigger is specifically animal-derived food served raw or undercooked at the point of consumer selection. For the temperature standards that define "undercooked," see our guide to minimum cooking temperatures.

The highly susceptible population limit

A critical limit on the consumer advisory: it does NOT authorize serving raw or undercooked animal foods to a HIGHLY SUSCEPTIBLE POPULATION. A highly susceptible population includes people who are, per CDC guidance on higher-risk groups, more likely than the general population to experience foodborne illness — for example, preschool-age children in daycare, older adults in nursing homes or assisted living, and immunocompromised or hospitalized individuals in facilities that serve them. In establishments serving these populations (such as hospitals, nursing homes, and childcare centers), raw or undercooked animal foods that would require a consumer advisory in a general restaurant generally may NOT be served at all — a consumer advisory is not sufficient because these consumers cannot meaningfully accept the elevated risk.

This limit reflects the underlying logic of the consumer advisory: it works as an informed-consent mechanism for the general public, but informed consent is not an adequate safeguard for populations that are especially vulnerable to serious illness. The advisory is a floor for the general public, not a universal permission to serve raw or undercooked food to anyone. For a food handler, the practical rule is: know your establishment's population, and know that a consumer advisory never overrides the highly-susceptible-population prohibition. Underlying safe service, of course, are the everyday basics like proper handwashing.

Where the advisory must appear

Both the disclosure and the reminder must accompany the information from which the consumer makes a selection — meaning they must appear at the point of selection, most commonly the MENU. If the establishment uses a menu, the disclosure (description or asterisk) appears next to the relevant items and the reminder appears on the same menu (often as a footnote at the bottom). Other acceptable placements include a placarded listing, a table tent, or another effective written form at the point of selection — the key is that the consumer sees both parts before choosing.

An advisory posted only in the kitchen, printed only on the receipt after the meal, or communicated only verbally by the server generally does not satisfy §3-603.11, because it does not accompany the selection information at the moment the consumer chooses. The advisory must be WRITTEN and must be present where and when the selection decision is made. This is why the asterisk-and-footnote format on menus is so common: it places the disclosure right next to each raw/undercooked item and the reminder at the bottom of the same menu.

Frequently Asked Questions

What are the two required parts of a consumer advisory?

A compliant consumer advisory under §3-603.11 has BOTH a disclosure and a reminder. The DISCLOSURE (§3-603.11(B)) identifies which items are or can be served raw or undercooked — either by describing the item or by placing an asterisk next to it linked to a footnote. The REMINDER (§3-603.11(C)) is a statutorily specified statement alerting the consumer to the increased foodborne-illness risk of eating raw or undercooked animal foods. Missing either part is a violation. The disclosure says WHICH items; the reminder says WHY it matters.

Does a consumer advisory make it safe to serve raw or undercooked food?

No. The consumer advisory is an informed-consent and communication mechanism, not a food-safety control. It does not make raw or undercooked food safe — it ensures the customer knows the increased risk before choosing. The primary control for pathogens is cooking to the required minimum internal temperature. The advisory applies precisely when a customer chooses to override that control (e.g., ordering a burger medium-rare or eating raw oysters), and its job is to inform, not to sanitize.

Can I serve raw or undercooked food to anyone as long as I have a consumer advisory?

No. The consumer advisory does NOT authorize serving raw or undercooked animal foods to a HIGHLY SUSCEPTIBLE POPULATION — such as in hospitals, nursing homes, assisted living, and childcare facilities. In establishments serving these populations, raw or undercooked animal foods generally may not be served at all, because a consumer advisory is not sufficient for consumers who cannot meaningfully accept the elevated risk. The advisory is an informed-consent floor for the general public, not universal permission.

Which foods require a consumer advisory?

Animal-derived foods served raw or undercooked in ready-to-eat form: undercooked hamburgers and cooked-to-order steaks (beef); raw or undercooked eggs (sunny-side-up, raw-egg dressings, hollandaise); raw or undercooked fish (sushi, sashimi, ceviche, seared tuna); raw shellfish (oysters, clams, mussels); and undercooked lamb, pork, and poultry. The trigger is an animal food not cooked to its required minimum internal temperature. Fully cooked foods and plant-based foods do not require an advisory.

Where does the consumer advisory have to appear?

Both the disclosure and the reminder must accompany the information from which the consumer makes a selection — most commonly the MENU. The disclosure (description or asterisk) appears next to the relevant items, and the reminder appears on the same menu (often as a footnote). Other written forms at the point of selection, such as placards or table tents, can also work. An advisory posted only in the kitchen, printed only on the receipt, or given only verbally generally does not comply, because it does not accompany the selection information when the choice is made.

What is the difference between the disclosure and the reminder?

The DISCLOSURE identifies WHICH items are or can be raw or undercooked (by description or asterisk-to-footnote). The REMINDER explains WHY that matters — it is a statutorily specified statement warning of the increased foodborne-illness risk. Both are required under §3-603.11. A menu that asterisks the raw/undercooked items but has no risk-warning footnote has a disclosure without a reminder — a violation. A menu with a generic risk footnote but no identification of which items are raw/undercooked has a reminder without a disclosure — also a violation.

Bottom Line

The FDA Food Code consumer advisory rule, §3-603.11, requires establishments offering raw or undercooked animal-derived foods in ready-to-eat form to provide a written advisory at the point of selection, with TWO required parts. The DISCLOSURE (§3-603.11(B)) identifies which items are or can be raw or undercooked — by description or by asterisk-to-footnote. The REMINDER (§3-603.11(C)) is a statutorily specified statement alerting the consumer to the increased foodborne-illness risk. The advisory applies to animal foods like beef, eggs, fish, lamb, pork, poultry, and shellfish served raw or undercooked. It is a MENU DISCLOSURE and informed-consent mechanism — NOT a substitute for cooking to minimum internal temperatures, and NOT permission to serve raw or undercooked animal foods to a HIGHLY SUSCEPTIBLE POPULATION (hospitals, nursing homes, childcare), where such foods generally may not be served at all. Both parts must accompany the selection information — typically on the menu, with the disclosure next to items and the reminder as a footnote. For a food handler, the exam-critical points are: both disclosure AND reminder are required; the advisory informs but does not sanitize; and it never overrides the highly-susceptible-population prohibition. For related fundamentals, see our guides to minimum cooking temperatures and the Big Six foodborne illnesses.

Source: FDA Food Code 2022 — §3-603.11 Consumption of Animal Foods That Are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens · FDA Food Code 2022 Full Text (PDF) · FDA Retail Food Protection — Food Code Overview