S. 121Senate118th Congress (2023-2025)In Committee

Protecting Children with Food Allergies Act

Introduced January 26, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:32 AM UTC

The Protecting Children with Food Allergies Act amends the Child Nutrition Act to require food‑allergy training and certification for all local school food service staff and to expand nutrition education for WIC‑eligible families dealing with food allergies. It directs the USDA to create training modules, ensure they’re available in multiple languages and formats, and provides funding to support these efforts. The bill affects school nutrition personnel, WIC participants, and children with food allergies.

Key Provisions

  • Requires the Secretary of Agriculture to develop and publish food‑allergy training modules covering prevention, symptom identification, and response, and to certify local food service personnel who complete the training.
  • Mandates that training be offered in languages other than English and in accessible formats for individuals with disabilities.
  • Extends the training requirement to staff in the special milk program, summer food service program, and child and adult care food program.
  • Authorizes $1 million per fiscal year from 2024 through 2028 to fund the training program.
  • Adds a requirement for the Secretary to create and disseminate nutrition‑education materials for WIC‑eligible individuals with food allergies, including pregnant women, infants, and children, with $1 million funding for FY 2024, and to provide these materials in multiple languages and accessible formats and conduct outreach.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S122-123)

January 26, 2023

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SenateIntro Referral

Introduced in Senate

January 26, 2023

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S122-123)

January 26, 2023

Floor Debate

2 members

What members said about S. 121 on the floor

2 Democrats
Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jan 26, 2023

Madam President, today I am proud to reintroduce the Preventive Health Savings Act. This bipartisan legislation would reform the Congressional Budget Office's CBO, scoring to better reflect the…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 26, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record. Madam President, America must never become a safe haven for anyone who assaults the values for which this…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 26, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 26, 2023

II

118th CONGRESS

1st Session

S. 121

IN THE SENATE OF THE UNITED STATES

January 26, 2023

Mr. Durbin (for himself and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Child Nutrition Act of 1966 to require the provision of training and information to certain personnel relating to food allergy identification and response, and for other purposes.

1.

Short title

This Act may be cited as the Protecting Children with Food Allergies Act.

2.

Food allergy training completion requirement

Section 7(g)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)(2)) is amended by adding at the end the following:

(C)

Food allergy training and certification for all local food service personnel

(i)

In general

The Secretary shall develop, in consultation with relevant stakeholder groups with food allergy expertise, and publish training modules and other educational materials in accordance with clause (ii).

(ii)

Training modules

A training program carried out under this subparagraph shall include training modules relating to—

(I)

the prevention of allergic reactions to food, which may include—

(aa)

communicating food allergen information in school menus, food products, and recipes;

(bb)

best practices to avoid cross-contact; and

(cc)

the availability of appropriate food substitutions for children with food allergies;

(II)

the identification of food-related allergic reaction symptoms; and

(III)

the appropriate responses to an allergic reaction to food.

(iii)

Certification of local personnel

(I)

In general

In accordance with criteria established by the Secretary, local food service personnel shall complete training and receive a certification to demonstrate competence with respect to the training provided under clause (ii).

(II)

Treatment

The Secretary may allow local food personnel to apply a certification received under this clause toward any other training requirements under this subsection.

(iv)

Methods for inclusion

The training required under this subparagraph shall be provided, as the Secretary determines to be necessary, in—

(I)

relevant languages other than English, for individuals with limited English proficiency; and

(II)

relevant alternative formats, for individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

(v)

Availability to other personnel

The Secretary shall make the training provided under this subparagraph available to personnel under child nutrition programs not covered under this subsection, including personnel under—

(I)

the special milk program under section 3;

(II)

the summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761); and

(III)

the child and adult care food program under section 17 of that Act (42 U.S.C. 1766).

(vi)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this subparagraph $1,000,000 for each of fiscal years 2024 through 2028.

.

3.

Activities to support WIC-eligible individuals impacted by food allergies

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended—

(1)

by redesignating subsections (l) through (s) as subsections (m) through (t), respectively;

(2)

by inserting after subsection (k) the following:

(l)

Activities To support WIC-Eligible individuals impacted by food allergies

(1)

In general

In accordance with subsection (e), the Secretary shall—

(A)

submit to the Secretary of Health and Human Services for comment proposed nutrition education materials for use under subsection (e), which shall—

(i)

incorporate evidence-based findings from the United States Dietary Guidelines for Americans relating to food allergies and potentially allergenic foods; and

(ii)

include nutrition education materials for—

(I)

individuals with food allergies during pregnancy and in the postpartum period;

(II)

infants impacted by prenatal food allergy exposure; and

(III)

children with food allergies; and

(B)

after submitting the materials in accordance with subparagraph (A), publish and disseminate the materials for use under subsection (e).

(2)

Requirements for inclusion

(A)

In general

The nutrition education materials under paragraph (1) shall be provided, as the Secretary determines to be necessary, in—

(i)

relevant languages other than English for individuals with limited English proficiency; and

(ii)

relevant alternative formats for individuals with disabilities (as defined in section 3 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102)).

(B)

Outreach

In carrying out this paragraph, the Secretary shall conduct outreach to individuals who are, or may be—

(i)

eligible to participate in—

(I)

the program under this section; or

(II)

a training program of a State agency under subsection (e)(2); and

(ii)

impacted by food allergies.

(3)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for fiscal year 2024.

;

(3)

in subsection (q) (as redesignated by paragraph (1))—

(A)

in paragraph (1), by striking subsection (o)(1)(A) and inserting subsection (p)(1)(A); and

(B)

in paragraph (2)(B), by striking subsection (o)(1)(A) and inserting subsection (p)(1)(A); and

(4)

in paragraph (5) of subsection (t) (as redesignated by paragraph (1)), by striking subsection (r) and inserting subsection (s).