Elijah’s Law passes in California to protect children with food allergies
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Key takeaways:
- The law goes into effect Jan. 1, 2028.
- California is the fifth state to pass Elijah’s Law.
- The law ensures states have a set of guidelines for childcare centers for children with allergies.
California Governor Gavin Newsom signed Elijah’s Law, also known as AB 2317, into law in September, which was drafted to protect children with food allergies who attend childcare centers.
Elijah’s Law, which was already passed in four other states, requires state departments to develop a set of guidelines for childcare centers to reduce the risk for anaphylactic reactions to food allergens.
According to a press release by the Elijah-Alavi Foundation, the law was previously vetoed by Newsom in 2022 due to “concerns over implementation and the need for stakeholder consensus.”
AB 2317 aims to provide training for childcare center staff volunteers to be able to administer epinephrine in anaphylaxis emergencies. Emergency protocols, comprehensive training, personalized emergency plans for children with food allergies as well as reducing the chance for allergen exposures and receiving consent from parents for epinephrine use are all included in the law.
The California Emergency Medical Services Authority is assigned with overseeing training.
Healio spoke with Jason Linde, MA, senior vice president of advocacy for FARE, about the passing of the law in California.
“FARE has been a supporter of Elijah’s Law in every state where it’s been introduced,” he said. “FARE endorsed AB 2317, conducted grassroots activity in its support, and were thrilled that it has been signed into law.
“California will require that childcare providers be trained on how best to protect the more than 175,000 California children between [age] 0 and 5 [years] with potentially life-threatening food allergies,” he continued. “This also includes how to administer epinephrine to treat a child who is suffering from anaphylaxis.”
The law is named after Elijah-Alavi Silvera, the 3-year-old son of Thomas Silvera and Ondina Hawthorne, who died after his childcare provider fed him a sandwich that contained an allergen in New York City. Elijah’s parents have since worked on having the law passed in New York, Virginia, Connecticut, Maryland and now California.
“As we celebrate the passage of Elijah’s Law, we have proven that when we unite with purpose and passion, we can forge real change,” Silvera and Hawthorne said in the release.
The law will go into effect Jan. 1, 2028.
Reference:
- AB-2317 Child day care facilities: anaphylactic policy. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2317. Published Sept. 26, 2024. Accessed Oct. 11, 2024.