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Food Allergy Awareness Kit

Elijah’s Law Report: Preventing Food Allergy Reactions in Child Care Programs

On Feb. 25, 2022, the Asthma and Allergy Foundation of America (AAFA) and the Elijah-Alavi Foundation (EAF) released the “Child Care Policies for Food Allergy: Elijah’s Law Report for the U.S. States and Territories.” Kids With Food Allergies (KFA) is the food allergy division of AAFA.

Our report looks at state and U.S. territory child care licensing regulations against nine policy standards. The standards aim to protect children with food allergies in child care settings. The report also includes an advocacy toolkit to help you advocate for Elijah’s Law in your home state.

Elijah’s Law is a bill named in memory of Elijah Silvera. On Nov. 3, 2017, 3-year-old Elijah died after a severe allergic reaction (anaphylaxis) at his child care center. Even though the facility knew of Elijah’s milk allergy, asthma, and other allergies, Elijah was fed a grilled cheese sandwich. The facility did not follow emergency steps to treat anaphylaxis.

Elijah’s parents, Thomas and Dina Silvera, set out to ensure protections are in place in all child care centers. Working with their state legislators in New York, the Silvera’s drafted the first Elijah’s Law. The bill ensures child care centers take steps to manage food allergies for the children in their care. These steps include creating:

  • Emergency anaphylaxis protocols
  • Strategies for talking about food allergies with children
  • Plans for preventing exposure to food allergy triggers

Elijah’s Law was passed in New York on Sept. 12, 2019, in Illinois on Aug. 20, 2021, and in Virginia on April 11, 2022. More than 800 AAFA community members in those states answered our calls to action to help pass Elijah’s Law.

After these advocacy wins, AAFA and EAF decided to create this report to support the passing of Elijah’s Law in more states. We hope the report will help advocates, law makers, and other leaders better understand gaps in their states in protections for children in child care. We also hope the toolkit provides resources to help advocate for Elijah’s Law across the country.

The advocacy toolkit includes:

  • Tips on how to find and communicate with your state and federal law makers
  • A sample letter you can send to your state law makers in support of Elijah’s Law
  • Elijah’s Law fact sheet
  • Sample social media posts to help amplify your advocacy
  • Sample bill language for Elijah’s Law

One death of a child with food allergies is one too many. Join AAFA and EAF in our efforts to make sure all children with food allergies are safe and protected in child care settings.

Read the “Child Care Policies for Food Allergy: Elijah’s Law Report for the U.S. States and Territories” report or download it as a PDF. You can also share the report with your community leaders, child care providers, and law makers.

This report is made possible by support from DBV Technologies.

Our Advocacy Efforts for Food Allergies in Child Care Settings

AAFA and KFA support policies and laws that save lives and improve the quality of life for millions of people and families managing food allergies. Because this issue is one of our key policy priorities, we have been actively working to on behalf of the food allergy community to spread awareness to policymakers and other stakeholders. Here is some of the work we have been doing:

AAFA Sends Food Allergy Policy Priorities to White House – July 21, 2022

Elijah’s Law Report: Preventing Food Allergy Reactions in Child Care Programs – February 25, 2022

AAFA Sends Letter to Virginia House of Delegates Supporting Elijah’s Law (HB 1328) – February 8, 2022

AAFA Sends Letter to Virginia Senate Supporting Elijah’s Law (SB 737) – January 26, 2022

A Year in Advocacy – Better Food Labeling, Anaphylaxis Policies, and Healthy Schools – December 20, 2021

AAFA Sends Letter Supporting H.2222/S.1498 and S.1462 – May 3, 2021

Strides in Food Allergy Advocacy – June 18, 2020

AAFA Sends Letter Supporting Dockets Relating to Epinephrine and Anaphylactic Policies – December 3, 2019

New York Residents: Ask New York Governor Cuomo to Sign Elijah’s Law – June 19, 2019

AAFA Sends Letters Supporting Elijah’s Law – May 14, 2019


Become an Advocate

You can help us advocate on this issue and others to help reduce the burden of food allergies. Learn more about becoming a food allergy advocate and watch this page for updates on ways you can raise awareness about this issue.