25 Food Allergy Laws presented by Spokin
25 Food Allergy Laws
The ultimate labor of love. These individuals and families exhibited courage, strength and determination, in many cases driven by unimaginable loss, to help create 25 laws for the food allergy community. Most have passed and several are in process. We are deeply grateful as these momentous laws raise awareness, educate, and protect us all.
The Law: Elijah’s Law requires the education and training of New York day care employees in recognizing anaphylaxis and in the proper administration of epinephrine.
The Inspiration: Elijah Silvera, a 3-year-old with a known dairy allergy, passed away after being fed grilled cheese at a daycare.
Status: Passed September 2019
The Law: Natasha’s Law will require all pre-packed foods for sale in England and Northern Ireland to have a full list of ingredients.
The Inspiration: Natasha Ednan-Laperouse died in 2016 after a reaction to undeclared sesame in a Pret a Manger sandwich.
Status: Passed September 2019, will be enforced as of October 2021
House Bill 3018
The Law: This law requires Illinois restaurants to post a sign in clear view of customers, reminding them to alert staff to their food allergies. The employee notified of allergies must alert their supervisor or certified food protection manager on duty of the customer’s allergy.
The Inspiration: State Senator Dave Koehler, the bill’s sponsor, has food allergies himself.
Status: Passed August 2019
The Law: This California law requires all food handlers to have certification in handling major food allergens and preventing cross-contamination. It also adds organized camps to the category of food handlers required to train employees on properly handling food and allergens.
The Inspiration: 13-year-old Natalie Giorgi passed away from anaphylaxis after suffering an allergic reaction to peanuts.
Status: Passed July 2019
House Bill 3435 and HB 2123
The Law: House Bill 3435 requires any policy of accident and health insurance or a managed care plan in Illinois to provide coverage for epinephrine auto-injectors for persons 18 years of age and under. HB 2123 requires any packaged foods sold in the state of Illinois to list the presence of sesame on labels.
The Inspiration: State Representative Jonathan Carroll, both bills’ sponsor, has a daughter who has multiple allergies, including sesame.
Status: Effective January 2020, July 2019
The Law: Gio’s Law requires first responders in New York to learn how to use epinephrine auto-injectors and to carry them in their vehicles. The law also stipulates biennial retraining and reporting auto-injector usage.
The Inspiration: Giovanni Cipriano was a 14-year-old who passed away in 2013 due to an accidental exposure to peanuts.
Status: Passed January 2019, awaiting governor’s signature.
The Law: Annie’s Law allows Illinois first responders to carry and administer epinephrine. The law was amended in 2018 to include language absolving medical professionals of liability when prescribing them to law enforcement agencies.
The Inspiration: 13-year-old Annie LeGere passed away due to anaphylaxis from an unknown trigger. Police were the first to respond and were unable to save her because they did not carry epinephrine.
Status: Passed August 2017, Amended July 2018
The Law: Dillon’s law allows Wisconsin citizens with proper training to be prescribed, carry, and administer epinephrine auto-injectors to anyone suffering a severe allergic reaction.
The Inspiration: Dillon Mueller was 18 when he passed away in 2014 from a reaction to a bee sting.
Status: Passed December 2017
Nathan Liskey Act, HB294
The Law: This Alabama law creates a program for the prescribing of epinephrine auto-injectors to summer camps, day care centers, restaurants, places of employment and other entities for administration on any individual suffering an anaphylactic reaction. The bill also provides immunity from legal action resulting from their usage in some cases.
The Inspiration: Ann Marie Liskey, founder of AlabamaSAFE Allergy and Asthma Advocacy and mother of a child with food allergies, lobbied tirelessly to get this law passed.
Status: Passed in 2016, awaiting the governor's signature
HB 2090, SB 1260
The Law: This Virginia law would require restaurants to display information related to food allergy awareness and creates a task force to make recommendations on food allergy awareness and training for restaurant staff.
The Inspiration: Food-allergic teen, Claire Troy, was inspired by the passage of the Rhode Island law passed by another teen and she wanted something similar to protect herself, her food allergic siblings, and others with food allergies in restaurants.
Status: Passed 2015
Student Medication Carry Act & Nurse Authorized Stock Epinephrine Act Bills, A.759-A/S.4867
The Law: Bills 56005A/A7635A allow a school bus driver to administer an epinephrine auto-injector to a student having an allergic reaction. The Student Medication Carry act allows New York students to self-carry and administer epinephrine auto-injectors at school. The Nurse Authorized Stock Epinephrine Act authorizes New York schools to stock epinephrine auto-injectors that may be used by the school nurse or designated staff on any student suffering a reaction, whether or not they have a prescription. Bills A.759-A/S.4867 provide teachers with free training on epinephrine auto-injector use and also extends the New York Good Samaritan Law to include teachers using an auto-injector on a child having an allergic reaction.
The Inspiration: Bill 56005A was sponsored by Senator Terrence Murphy, a food allergy dad who wanted to prevent more deaths like that of a Michigan student who passed away after a reaction on a school bus in 2015. Food allergy mom and attorney Stacey Saiontz advocated fiercely for the passing of all of these laws.
Status: Passed August 2017, October 2014, May 2013
House Bills 4352 and 4353
The Law: These Michigan laws place epinephrine auto-injectors in schools for use on any student suffering an allergic reaction and requires staff training.
The Inspiration: Founder of No Nuts Mom Group Lisa Rutter advocated for this law to protect children like her son Evan, who has severe allergies.
Status: Passed December 2013
Food Allergy Awareness in Restaurants Act of 2012
The Law: This Rhode Island law requires restaurants to display a food allergy awareness poster in restaurant kitchens, all menus must ask customers to notify staff of any allergies, and it requires restaurant managers to be trained in food allergies. It also created a “food allergy friendly” designation for restaurants with a public database, similar to Massachusetts law.
The Inspiration: Teen Danielle Mongeau e-mailed State Senator Louis DePalma to ask him to introduce a bill similar to the one in Massachusetts to protect food allergic people, like her sister Lauren, in restaurants.
Status: Passed 2012, Effective July 2013
The Law: Amarria’s law requires Virginia public schools to stock epinephrine auto-injectors for use on any child having a severe allergic reaction by a school nurse or any employee. It also protects school employees from liability for civil damages if acting in good faith and requires training on the devices.
The Inspiration: Amarria Johnson was a seven-year-old who passed away after eating a peanut during recess at school.
Status: Passed April 2012
The Law: Requires each Colorado state public or charter school to create a plan for the management of food allergies and allows for the training of staff in epinephrine auto-injector use.
The Inspiration: Food allergy parents Robert and Nicole Smith educated and advocated tirelessly to protect children like their son Morgan, who has multiple food allergies.
Status: Passed May 2009
Bill S. 2701
The Law: Bill S. 2701 calls for Massachusetts restaurants to place, in clear sight of staff, a poster about food allergies. Menus must also ask customers to make staff aware of any allergies. It also requires standard food service courses to include a video on food allergy safety, and it requires the Department of Health to develop a program for designating restaurants as “food allergy friendly” and to list them on their website. This designation requires restaurants to provide a full list of ingredients in dishes.
The Inspiration: Ming Tsai, James Beard award-winning chef and owner of Blue Ginger in Wellesley, Massachusetts, and father of a child with multiple food allergies. He worked for four years to get this law passed.
Status: Passed January 2009
The Law: Sabrina’s Law was the first of its kind and has influenced the creation of similar laws around the world by requiring Canadian public schools to create and execute anaphylaxis plans that reduce exposure to allergens and communicate with parents, students, and staff about allergies. It also requires allergy and epinephrine auto-injector training for teachers and staff and it requires individual plans be created for each high risk student.
The Inspiration: Sabrina Shannon passed away after accidentally ingesting dairy in a school cafeteria lunch.
Status: Passed January 2006
House Bill 4518, Epinephrine Accessibility in MN Schools, Stock Epinephrine in MN Schools Law
The Law: House Bill 4518 requires ambulances to carry epinephrine. The Epinephrine Accessibility in MN Schools law ensures Minnesota students have access to epinephrine and requires the creation of individual health plans to keep allergic students safe. The Stock Epinephrine in MN Schools law allows for schools to stock epinephrine for use on any student in an emergency.
The Inspiration: Food allergy mom and legislative policy analyst, Nona Narvaez, lobbied fiercely to pass these laws.
Status: Passed 2002, 2004, 2013
SD680 An Act to Improve Food Allergy Awareness
The Law: SD680 builds on a 2009 Massachusetts law, and requires a server or individual knowledgeable about food allergies to serve as a liaison between food allergic customers and kitchen staff to avoid dangerous miscommunication.
The Inspiration: Nicole Arpiarian’s son, Tripp, suffered a severe reaction after eating a pastry containing peanuts. They had been assured by their server that it was nut-free.
Status: In legislation
The Law: The Allison Rose Suhy Act will incentivize Ohio schools to train staff and students on food allergies by qualifying teachers to receive continuing education. It will also require the Ohio Department of Education to create a list of organizations that offer free stock epinephrine for schools.
The Inspiration: Named after Allison Rose Suhy, who suffered a fatal reaction to a doughnut containing nuts at age 18.
Status: In legislation