California becomes 5th state to pass Elijah’s Law

September 27, 2024

California has become the fifth state to enact Elijah’s Law to ensure childcare facilities have policies in place to protect children with food allergies. California Gov. Gavin Newsom signed Elijah’s Law on Sept. 25, 2024.

The four other states that have passed versions of Elijah’s Law are: Illinois, Maryland, New York and Virginia. A fifth state – Connecticut – has adopted requirements similar to Elijah’s Law.

Maryland Gov. Wes Moore signed Elijah’s Law in April 2024, so there is some momentum in getting the legislation passed in states.

“We are pleased to see more states pass a version of Elijah’s Law to protect infants and young children with food allergies at daycare,” says Lynda Mitchell, CEO of Allergy & Asthma Network. “Parents of food-allergic children deserve to know their child is safe when dropped off at daycare. This law saves lives. It helps ensure daycares have policies in place so that the staff is properly trained to prevent and respond to anaphylaxis emergencies and that epinephrine is readily available on site for treatment.”

Other states are considering Elijah’s Law. Kansas, Michigan, Missouri and Pennsylvania have had bills under consideration in their state houses.

What is Elijah’s Law?

Elijah’s Law is named after 3-year-old Elijah-Alavi Silvera. Elijah passed away in 2017 after a severe food-allergic reaction at his daycare in New York City. Read more about Elijah in our exclusive Q&A interview with his father, Thomas Silvera.

Elijah’s Law requires the staff or a staff member at a childcare facility or daycare to be trained in managing food allergies. This includes identifying and treating anaphylaxis, a severe allergic reaction.

Elijah’s Law would allow childcare facilities to have stock epinephrine on site. It would ensure staff members are trained to administer epinephrine in case of an emergency. (Epinephrine is the first-line treatment for anaphylaxis, a severe allergic reaction.)

As part of Elijah’s Law, childcare facilities would have policies for clear communication of allergy information and reducing exposure to food allergens when possible. It would also require emergency action plans for each food-allergic child.

Advocate for Elijah’s Law

Allergy & Asthma Network is encouraged by state actions to improve food allergy policies at schools and daycares.

Approximately 20 million Americans live with food allergies, including 4 million children. One in 13 children is diagnosed with a food allergy – that’s roughly two in every classroom. Infants and toddlers are at high risk. Up to 40% of children with food allergies have had at least one severe reaction. The rate of anaphylaxis is higher in children ages 0-4 than in any other age group.

In addition, severe allergies to insect venom, certain medications and latex can trigger anaphylaxis and require epinephrine as treatment.

We encourage you to get involved and help get Elijah’s Law adopted in more states. Urge your state lawmakers to pass Elijah’s Law and/or introduce it into the state legislature.

Find out how you can become an advocate. Reach out to your state representatives and take action today.