Next time you order a medium-rare burger, a runny egg on your brunch toast, or a plate of fresh yellowtail sashimi, take a close look at the bottom of the menu. That tiny asterisk and the capital-letter warning alongside it aren’t just casual fine print—they are a critical shield protecting public health, and missing them is one of the fastest ways for a restaurant to tank its official health score.
Under the FDA Food Code Inspection Form, Item #25 (“Consumer advisory provided for raw/undercooked food”) is classified as a Priority Foundation violation.
While the exact mechanics of health inspection grading vary slightly by jurisdiction, failing to provide this warning carries heavy consequences across the United States.
The Cost of a Missing Warning
Because undercooked animal products pose a direct risk for transmitting foodborne pathogens like E. coli, Salmonella, and Vibrio, local regulatory agencies treat Item #25 with high severity.
Depending on how your state or county calculates its inspection reports, violating Item #25 typically triggers the following penalties:
Point-System States (e.g., Texas, Ohio, Florida, Virginia): In states that deduct points from a perfect 100-point score, a Priority Foundation violation like a missing consumer advisory results in an automatic loss of 3 to 5 points.
Letter-Grade Systems (e.g., New York, California): In jurisdictions like New York City or Los Angeles County, violations are scored by “points allocated per risk factor.” Item #25 acts as a major driver toward a lower tier, frequently pushing a restaurant out of the coveted “A” grade and down into “B” or “C” territory if combined with even minor holding temperature issues.
Enforcement Actions: Beyond the immediate hit to the score, missing advisories usually cannot just be brushed off. Inspectors will typically require a mandatory corrective action plan and trigger a follow-up reinspection within 10 days to verify that the menu has been legally updated or reprinted.
Anatomy of a Legal Consumer Advisory
According to the FDA Food Code, a proper consumer advisory isn’t just a generic “eat at your own risk” note. It requires two legally defined components to be in compliance:
The Food and Drug Administration (FDA) Food Code mandates a two-part consumer advisory system for food establishments serving raw or undercooked animal products, comprising both a disclosure and a reminder. The disclosurecomponent demands a clear, written statement that explicitly identifies which specific animal-derived foods are currently raw or can be ordered undercooked. To ensure immediate clarity for the consumer, this disclosure must be strategically placed either in direct proximity to the specific menu item or indicated via a conspicuous asterisk. For example, a restaurant might include a parenthetical note stating that “Our Caesar dressing contains raw egg,” or append a symbol next to their entree section clarifying that “Hamburgers can be cooked to order*.”
Complementing the initial disclosure is the reminder component, which demands a highly visible footnote on the exact same menu page to explicitly warn consumers about the heightened risk of foodborne illness, with a particular emphasis on vulnerable or high-risk populations. This serves as the legal and educational backing to the specific item disclosures found higher on the page. A standard example of this mandatory footnote reads: “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.” Together, these two distinct elements work in tandem to ensure patrons are fully informed before making dietary choices.
Who Cannot Use an Advisory? The FDA explicitly prohibits facilities serving highly susceptible populations—such as nursing homes, hospitals, and preschools—from serving raw or undercooked animal products altogether. An advisory cannot be used to bypass this rule.
Ultimately, Item #25 is designed to give diners the autonomy to assess their own health risk. For restaurant owners, maintaining a compliant menu isn’t just about avoiding a 5-point deduction; it’s an essential transparency measure that protects both the guests’ well-being and the establishment’s hard-earned reputation.
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