II 

118TH CONGRESS 

1ST SESSION S. 121 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Children 

5 with Food Allergies Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 121 IS

1 SEC. 2. FOOD ALLERGY TRAINING COMPLETION REQUIRE2 MENT. 

3 Section 7(g)(2) of the Child Nutrition Act of 1966 

4 (42 U.S.C. 1776(g)(2)) is amended by adding at the end 

5 the following: 

6 ‘‘(C) FOOD ALLERGY TRAINING AND CER7 TIFICATION FOR ALL LOCAL FOOD SERVICE

8 PERSONNEL.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall develop, in consultation with relevant 

11 stakeholder groups with food allergy exper12 tise, and publish training modules and 

13 other educational materials in accordance 

14 with clause (ii). 

15 ‘‘(ii) TRAINING MODULES.—A train16 ing program carried out under this sub17 paragraph shall include training modules 

18 relating to— 

19 ‘‘(I) the prevention of allergic re20 actions to food, which may include— 

21 ‘‘(aa) communicating food 

22 allergen information in school 

23 menus, food products, and rec24 ipes; 

25 ‘‘(bb) best practices to avoid 

26 cross-contact; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 121 IS

1 ‘‘(cc) the availability of ap2 propriate food substitutions for 

3 children with food allergies; 

4 ‘‘(II) the identification of food-re5 lated allergic reaction symptoms; and 

6 ‘‘(III) the appropriate responses 

7 to an allergic reaction to food. 

8 ‘‘(iii) CERTIFICATION OF LOCAL PER9 SONNEL.— 

10 ‘‘(I) IN GENERAL.—In accord11 ance with criteria established by the 

12 Secretary, local food service personnel 

13 shall complete training and receive a 

14 certification to demonstrate com15 petence with respect to the training 

16 provided under clause (ii). 

17 ‘‘(II) TREATMENT.—The Sec18 retary may allow local food personnel 

19 to apply a certification received under 

20 this clause toward any other training 

21 requirements under this subsection. 

22 ‘‘(iv) METHODS FOR INCLUSION.— 

23 The training required under this subpara24 graph shall be provided, as the Secretary 

25 determines to be necessary, in— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 121 IS

1 ‘‘(I) relevant languages other 

2 than English, for individuals with lim3 ited English proficiency; and 

4 ‘‘(II) relevant alternative for5 mats, for individuals with disabilities 

6 (as defined in section 3 of the Ameri7 cans with Disabilities Act of 1990 (42 

8 U.S.C. 12102)). 

9 ‘‘(v) AVAILABILITY TO OTHER PER10 SONNEL.—The Secretary shall make the 

11 training provided under this subparagraph 

12 available to personnel under child nutrition 

13 programs not covered under this sub14 section, including personnel under— 

15 ‘‘(I) the special milk program 

16 under section 3; 

17 ‘‘(II) the summer food service 

18 program for children under section 13 

19 of the Richard B. Russell National 

20 School Lunch Act (42 U.S.C. 1761); 

21 and 

22 ‘‘(III) the child and adult care 

23 food program under section 17 of that 

24 Act (42 U.S.C. 1766). 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 121 IS

1 ‘‘(vi) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appro3 priated to the Secretary to carry out this 

4 subparagraph $1,000,000 for each of fiscal 

5 years 2024 through 2028.’’. 

6 SEC. 3. ACTIVITIES TO SUPPORT WIC-ELIGIBLE INDIVID7 UALS IMPACTED BY FOOD ALLERGIES. 

8 Section 17 of the Child Nutrition Act of 1966 (42 

9 U.S.C. 1786) is amended— 

10 (1) by redesignating subsections (l) through (s) 

11 as subsections (m) through (t), respectively; 

12 (2) by inserting after subsection (k) the fol13 lowing: 

14 ‘‘(l) ACTIVITIES TO SUPPORT WIC-ELIGIBLE INDI15 VIDUALS IMPACTED BY FOOD ALLERGIES.— 

16 ‘‘(1) IN GENERAL.—In accordance with sub17 section (e), the Secretary shall— 

18 ‘‘(A) submit to the Secretary of Health 

19 and Human Services for comment proposed nu20 trition education materials for use under sub21 section (e), which shall— 

22 ‘‘(i) incorporate evidence-based find23 ings from the United States Dietary 

24 Guidelines for Americans relating to food 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 121 IS

1 allergies and potentially allergenic foods; 

2 and 

3 ‘‘(ii) include nutrition education mate4 rials for— 

5 ‘‘(I) individuals with food aller6 gies during pregnancy and in the 

7 postpartum period; 

8 ‘‘(II) infants impacted by pre9 natal food allergy exposure; and 

10 ‘‘(III) children with food aller11 gies; and 

12 ‘‘(B) after submitting the materials in ac13 cordance with subparagraph (A), publish and 

14 disseminate the materials for use under sub15 section (e). 

16 ‘‘(2) REQUIREMENTS FOR INCLUSION.— 

17 ‘‘(A) IN GENERAL.—The nutrition edu18 cation materials under paragraph (1) shall be 

19 provided, as the Secretary determines to be nec20 essary, in— 

21 ‘‘(i) relevant languages other than 

22 English for individuals with limited 

23 English proficiency; and 

24 ‘‘(ii) relevant alternative formats for 

25 individuals with disabilities (as defined in 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 121 IS

1 section 3 of the Americans With Disabil2 ities Act of 1990 (42 U.S.C. 12102)). 

3 ‘‘(B) OUTREACH.—In carrying out this 

4 paragraph, the Secretary shall conduct outreach 

5 to individuals who are, or may be— 

6 ‘‘(i) eligible to participate in— 

7 ‘‘(I) the program under this sec8 tion; or 

9 ‘‘(II) a training program of a 

10 State agency under subsection (e)(2); 

11 and 

12 ‘‘(ii) impacted by food allergies. 

13 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to the Sec15 retary to carry out this subsection $1,000,000 for 

16 fiscal year 2024.’’; 

17 (3) in subsection (q) (as redesignated by para18 graph (1))— 

19 (A) in paragraph (1), by striking ‘‘sub20 section (o)(1)(A)’’ and inserting ‘‘subsection 

21 (p)(1)(A)’’; and 

22 (B) in paragraph (2)(B), by striking ‘‘sub23 section (o)(1)(A)’’ and inserting ‘‘subsection 

24 (p)(1)(A)’’; and 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 121 IS

1 (4) in paragraph (5) of subsection (t) (as redes2 ignated by paragraph (1)), by striking ‘‘subsection 

3 (r)’’ and inserting ‘‘subsection (s)’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS