Legislative Database

Increases food allergy safety in public schools by requiring a nurse in every school, staff training on anaphylaxis, medical action plans, and prohibiting food at school celebrations.

Amends the Child Nutrition Act of 1966 to require food allergy training, including information on preventing, recognizing, and responding to allergic reactions and the administration of epinephrine.

New Jersey Restaurant Allergen Disclosure Act (S.3394/A.4826)

S.3394/A.4826 requires New Jersey food service businesses to provide clear and conspicuous written notice of major food allergens (the top 9) that they know or reasonably should know are contained in each menu item, including temporary menu items. Disclosure may be on the menu, via a QR code linking to a website, or on separate written materials. More than 950,000 New Jersey residents live with food allergies, yet restaurants are currently not required to clearly disclose allergens.

The Strengthening Protections for Children with Food Allergies Act (H.R. 10228) would amend the Child Nutrition Act of 1966 to require food allergy identification and response training for staff in federal child nutrition programs, including the Child and Adult Care Food Program (CACFP) and summer meal programs. Introduced by Rep. Mark DeSaulnier (D-CA-10) on September 2, 2026, and referred to the House Committee on Education and Workforce.

SponsorRep. Mark DeSaulnier [D-CA-10] (Democratic)

Carryout Food Allergen Identification Law

Requires restaurants altering food for consumer-identified food allergies to affix an identifying marker on delivery and carryout food packaging.

The Virginia Department of Health's 2026 Food Regulations Update takes effect September 10, 2026, introducing updated food allergen disclosure requirements for food establishments and a new produce safety regulatory program.

Elijah's Law

This bill establishes food allergy safety and anaphylaxis response protocols in licensed child care centers and family day care homes.

Provides updated mandatory guidance for Texas school districts to adopt and administer policies for students with diagnosed food allergies at risk for anaphylaxis.

This bill mandates a school nurse in every school, requires staff training on anaphylaxis, requires medical action plans for students with food allergies, and prohibits food at school celebrations.

Requires allergy training for school food workers and establishes safety protocols for children with food allergies in school meal programs.

A wide-ranging healthcare bill that includes specific protections for children with severe allergies.

SponsorTara Peters

NJ Menu Allergen Disclosure Bill

Requires food service businesses to provide clear and conspicuous written notice of major food allergens (as defined by 21 U.S.C. 321(qq)) that the business knows or reasonably should know are contained as ingredients in each menu item, including temporary menu items. Information may be provided on the menu, via a QR code linking to a website, or on other written materials (separate menu, chart, grid, or booklet). Businesses must use common/usual allergen names or standardized icons approved by the Commissioner of Health. Exempts prepackaged foods subject to federal labeling. The Commissioner of Health shall adopt rules and regulations to implement. Takes effect the first day of the 13th month after enactment.

Food Allergy Safety, Treatment, Education, and Research Act

A summary is in progress.

SponsorRep. Luna, Anna Paulina [R-FL-13] (Republican)

Requires school food service personnel nationwide to be trained on recognizing and responding to serious allergic reactions.

SponsorDick Durbin

To update the National Action Plan for Adverse Drug Event Prevention to consider advances in pharmacogenomic research and testing, including medication allergy lists.

Elijah's Law

Requires child care facilities to implement emergency preparedness protocols, mandatory staff training, and individualized allergy action plans for children with food allergies.

Expands coverage under Medicare, Medicaid, CHIP, and the Federal Employees Health Benefits Program to include medically necessary food and associated equipment and supplies. Defines medically necessary food as specially formulated and processed products (e.g., nutritional formulas) prescribed by health care practitioners for individuals with special dietary requirements due to certain digestive or metabolic disorders or conditions.

SponsorRep. James P. McGovern [D-MA-2] (Democratic)

Mandates that school districts adopt an anaphylaxis policy ensuring that allergic students can self-carry epinephrine or have immediate, unlocked access to epinephrine delivery systems in close proximity during the instructional day, backed by individualized healthcare plans.

A resolution expressing support for the designation of May 2025 as National Asthma and Allergy Awareness Month, noting the prevalence of food allergies and asthma in the United States.

Mandates allergen disclosure and real-time menu updates for food prepared, prepacked, and sold on the same premises in delis and bakeries.

Requires allergen labeling for prepackaged foods to improve safety for individuals with life-threatening food allergies.

Elijah's Law

Requires the state to establish a comprehensive anaphylaxis policy for all child care facilities, including emergency protocols, staff training, and individualized allergy plans.

Requires public and charter schools to provide food allergy training to food service employees and develop a comprehensive anaphylaxis action plan.

Elijah's Law

Requires childcare facilities to implement food allergy management and emergency response protocols to protect children from anaphylaxis.

A bill to amend the Federal Food, Drug, and Cosmetic Act to add alpha-gal to the definition of major food allergen.

Illinois House Bill 4686 (104th General Assembly), introduced by Rep. Maurice A. West, II, would amend the Food Handling Regulation Enforcement Act to require restaurants, beginning January 1, 2028, to include clear and conspicuous notices on all menus and online menus identifying each menu item that contains a major food allergen, with penalties.

Michigan House Bill 5402 (introduced Dec. 18, 2025), referred to the Regulatory Reform Committee, would amend the Michigan Food Law to require food service establishments to provide written, item-level major food allergen notices to consumers for unpackaged food items.

Prohibits the manufacture, distribution, and sale of food products containing specific additives including brominated vegetable oil, potassium bromate, propylparaben, and red dye number 3.

Delaware Early Allergen Introduction Coverage Act

Mandates health insurance carriers and Medicaid in Delaware to cover early allergen introduction dietary supplements for peanut and egg allergens for infants to prevent development of food allergies.

Requires the Maryland Department of Health and Department of Education to develop guidelines to reduce the risk of exposure to major food allergens in child care settings.

Elijah's Law

Requires the State Department of Social Services to establish food allergy protocols for child day care facilities, including emergency epinephrine use.

Requires food establishments to display a food allergy awareness poster in the staff area, include a notice to customers about allergies on menus, and requires at least one employee to have completed a food allergy training course.

Requires insurance companies and Medicaid to cover the cost of early introduction food allergen supplements for infants to prevent food allergies.

Elijah's Law

Requires the Department of Social Services to establish food allergy and anaphylaxis guidelines for childcare facilities.

SponsorRepresentative Brandon Guffey

Requires insurance coverage, including Medicaid, for peanut and egg food allergen supplements for infants to prevent the development of food allergies.

Mandates that food establishments prominently display signage advising customers to notify staff of food allergies and providing allergen awareness information for employees.

Elijah's Law

Requires licensed child care centers and family day care homes to implement food allergy management policies and maintain stock epinephrine administration devices.

Mandates food allergy awareness training for restaurant employees and requires food allergy posters in food service establishments.

Requires food service establishments to include a notice on menus regarding food allergies and intolerances.

Requires school districts and private schools to maintain a comprehensive Food Allergy Management and Prevention Plan to address safety and training.

Requires food service establishments and online ordering services to provide notices to staff and customers regarding food allergies and intolerances.

A resolution supporting the designation of May as National Asthma and Allergy Awareness Month.

Kansas Child Care Allergy Policy and Stock Epinephrine Act

Directs Kansas health authorities to adopt rules and standard policies regarding food allergy management, notification, and emergency epinephrine access across child care and early childhood programs.

Requires the North Carolina State Board of Education to adopt a mandatory policy for all local school administrative units to manage students with life-threatening food allergies.

Requires Nevada school districts and charter schools to adopt comprehensive policies for managing food allergies, including emergency response protocols and staff training.

Elijah's Law

Requires child care providers to maintain allergy information for each child and establishes protocols for emergency response to anaphylaxis.

Elijah's Law

Requires childcare facilities to implement food allergy management plans and maintain stock epinephrine auto-injectors.

Elijah's Law (Louisiana)

Requires the Department of Education to collaborate with the Department of Health to create guidelines for the management of life-threatening food allergies in early learning centers (daycares).