Hospitality marketing
Menu rules
for 2026.
Two things changed in 2026, and one older rule matters more now. From 1 October, surcharges on eftpos, Mastercard and Visa are removed, and Amex, UnionPay and PayPal dropped them too. From 1 July, seafood country of origin became mandatory in hospitality. Weekend and public holiday surcharges are still allowed, but the menu must show the percentage and the days, as prominently as your most prominent price.
Card
surcharges.
Since 1 October 2026, eftpos, Mastercard and Visa no longer allow surcharges, including on foreign cards. Amex and UnionPay followed from 1 October and PayPal from 5 October. Weekend surcharges, public holiday surcharges, booking fees and service fees aren't affected. But a 'service fee' that really covers card costs may still count as a card surcharge.
The ACCC says you can build card costs into your prices, but the reason you give for a price rise mustn't mislead. The ACCC warns that calling a card fee something else, like a 'service fee', may be misleading.
Weekend and
holiday surcharges.
Cafes and restaurants don't have to include a weekend or public holiday surcharge in their menu prices, on one condition: the menu must say 'A surcharge of (percentage) applies on (days)', at least as prominently as the most prominent price. Small print at the bottom doesn't count.
Allergens and
gluten free.
Food that doesn't need a label, such as meals in a cafe, must still have allergens declared with the food or on request, using the required names: wheat, fish, crustacean, mollusc, egg, milk, lupin, peanut, soy, sesame, almond, Brazil nut, cashew, hazelnut, macadamia, pecan, pistachio, pine nut, walnut, barley, oats and rye (when they contain gluten), and added sulphites (10 mg/kg or more). FSANZ's food service guidance suggests an allergen management program and staff training, and points to a free allergen menu matrix template.
'Gluten free' means no detectable gluten, and no oats or malted gluten cereals. It can't sit next to a 'may contain' line, and Coeliac Australia says 'gluten friendly' isn't permitted under the Code.
Seafood
origin.
Since 1 July 2026, restaurants, takeaways, pubs, clubs and food trucks must show where their seafood comes from: Australian, imported or mixed, in writing or digitally before ordering.
Menu compliance check
Is your menu
up to date with the rules?
Several rules changed in 2026. Tick what's true of your menu, boards and website now. A checklist, not legal advice.
Score
0 / 6
Fix
Online menus
count too.
The rules apply wherever prices appear: the printed menu, the board, your website, your Google profile and the delivery apps. A card surcharge line removed from the counter but left on the website is still out of date.
After any change, check every copy of the menu in one sitting. The Google profile page has a check that flags old surcharge wording and missing prices.
What I see most often
What I see
most often.
- 1
Old card surcharge signs
'1.5% card surcharge' still on the counter or the website.
- 2
Holiday surcharge in tiny print
The percentage hidden at the bottom of the menu.
- 3
'Gluten friendly'
A claim that isn't allowed, used to avoid the gluten free standard.
- 4
Online menus behind the venue
Google and the apps showing old prices and old surcharge lines.
The honest bit. This is a marketing summary, not legal advice. For anything you're unsure about, check the regulator's page or your industry association.
Questions
people ask.
Are card surcharges banned in Australia?
Since 1 October 2026, surcharges on eftpos, Mastercard and Visa have been removed, and Amex, UnionPay and PayPal dropped them too.
Can restaurants still charge a public holiday surcharge?
Yes, if the menu shows the percentage and the days, as prominently as the most prominent price.
Do restaurants have to list allergens?
Allergen information must be available with the food or on request for every dish, using the required names.
Do restaurants have to say where their seafood comes from?
Yes, since 1 July 2026: Australian, imported or mixed, before ordering.
Related
Keep
going.
Get a free
search audit.
Takes a minute. Audits come back within 1 to 2 business days. For anything else, I'll get back to you as soon as possible.
What happens next
- 1I'll ask for read-only access, or just your website for a search audit.
- 2I go through it and write up the 3 biggest fixes.
- 3A 20-minute call to walk you through it. No pitch unless you ask.
