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The Zacky Bill (AB 2640), championed by a 10-year-old Pasadena boy, Zacky Munoz and his family, was signed it into California law by Governor Newsome on September 29, 2022 and filed with Secretary of State on September 29, 2022. Inspired by his own journey, Zacky lives with life-threatening food allergies and suffered two anaphylactic reactions in his 1st grade school year. He made it his personal mission to champion a state resource guide that ensures that all kids with food allergies and parents have the most available and comprehensive information possible in school.

This bill requires the State Department of Education to create the California Food Allergy Resource internet web page to provide voluntary guidance to school districts, county offices of education, and charter schools to help protect pupils with food allergies. The bill requires the department to ensure that the internet web page provides practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. The bill would require the internet web page to include specified content, including state and federal resources available to pupils with food allergies, methods for pupils, or their parents and guardians, to initiate individualized food allergy management and prevention plans and to obtain food ingredient lists from school food providers, and strategies to minimize the risk of food anaphylaxis in school. The bill would encourage local educational agencies to consult the internet web page and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and to make it available to pupils, parents, and guardians annually. "“Thanks to the dedicated advocacy from Zacky and his mom in partnership with Assemblymember Valladares, Californians will have new tools to help keep kids with serious food allergies safe at school,' said Governor Gavin Newsom. 'I thank them for raising awareness on this important issue.' “This bill means a lot to kids, like me, with food allergies,” said Zacky, who testified in the Assembly and Senate to advance the bill. “It shows us that we matter, it makes us feel safer and more importantly helps our parents so they can help us.”"Along with his family, Zacky spent hundreds of hours traveling to Sacramento, meeting with legislators, giving testimony, working with advocates and spreading the word. Zacky’s efforts drew the attention of not only legislators (receiving the highest State Senate Honor of a Golden Resolution) but continues to earn state and national recognition.

The law will directly impact 700,000 diagnosed students in California however it is estimated that well over 1 million students will be ultimately impacted because of undiagnosed cases. According to the largest global investor in food allergy research Food Allergy and Research and Education (FARE) and bill supporter, as many as 32 million Americans suffer from life threatening food allergies. Of this population, 1 in 13 are children who rely on parents, caregivers, teachers, and school administrators to keep them safe while at school. Due to complexity, it can be difficult for parents and school officials to navigate the intricate collection of existing state and federal resources. This bill would give students and parents the access to comprehensive and straightforward information that will improve campus safety for students with food allergies.

Advocates believe this bill is important on a national level since California Legislation often sets the tone for the rest of the nation. Zacky and family are poised to help others in various states bring Zacky’s Bill to their state.

SECTION 1.
This act shall be known, and may be cited, as the Zacky Bill, a health and safety bill concerning pupils with life-threatening food allergies. Section 49414.2 is added to the Education Code, to read:

49414.2.
(a) The department shall create the California Food Allergy Resource internet web page to provide voluntary guidance to local educational agencies to help protect pupils with food allergies. In creating the internet web page, the department shall ensure all of the following:(1) The focus of the internet web page is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers.

(2) The internet web page includes a link to the most recent version of the federal Centers for Disease Control and Prevention “Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs,” as well as other relevant resources, which may include, but are not limited to, best practices fact sheets produced by the Institute of Child Nutrition.

(3) A summary of the specific state laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2).

(b) The content of the California Food Allergy Resource internet web page shall include, at a minimum, all of the following:

(1) A compilation of state and federal resources available for pupils with food allergies.

(2) Methods and qualifications necessary for pupils, or their parents and guardians, to initiate individualized food allergy management and prevention plans.

(3) Potential strategies to minimize the risk of food allergy anaphylaxis in school.

(4) Methods to obtain ingredient lists for foods served to pupils at school from each of the school’s food service providers.

(c) A local educational agency is encouraged to consult the internet web page created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available annually to pupils, parents, and guardians.

(d) For purposes of this section, “local educational agency” means a school district, county office of education, and charter school.