WES MOORE, Governor Ch. 770
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Chapter 770
(House Bill 78)
AN ACT concerning
Public Schools – Anaphylactic Food Allergies – Guidelines
FOR the purpose of requiring each county board of education, before the start of a certain
school year, to adopt, implement, and publish certain guidelines for reducing the risk
to students with anaphylactic food allergies; requiring each public school to develop
a system to disclose the major food allergens contained in the foods served in the
school; requiring the principal of a certain public school to implement certain
strategies and monitor and implement the guidelines established by the county
board; requiring the State Department of Education and the Maryland Department
of Health jointly to update certain anaphylactic food guidelines on or before a certain
date; requiring each county board to make a good faith effort to adopt certain
guidelines before the start of a certain school year; and generally relating to
anaphylactic food allergies and public schools.
BY repealing and reenacting, with amendments,
Article – Education
Section 7–426.1
Annotated Code of Maryland
(2022 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
7–426.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Anaphylactic allergy” means a food allergy that causes a severe,
systematic reaction resulting in circulatory collapse or shock that may be fatal.
(3) “Employee” means an individual who is employed by a local board of
education, including part–time employees, certified and noncertified substitute teachers
employed by the local board of education for at least 7 days each school year, maintenance
workers, and administrative staff.
(4) “MAJOR FOOD ALLERGEN ” MEANS:
(I) MILK; Ch. 770 2023 LAWS OF MARYLAND
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(II) EGGS;
(III) FISH;
(IV) CRUSTACEAN SHELLFISH ;
(V) TREE NUTS;
(VI) WHEAT;
(VII) PEANUTS;
(VIII) SOYBEANS; AND
(IX) SESAME.
[(4)] (5) “Self–administer” means the application or consumption of
medications in a manner prescribed by a health practitioner who is licensed, certified, or
otherwise authorized under the Health Occupations Article to prescribe medications and
medication delivery devices by the individual for whom the medication was prescribed
without additional assistance or direction.
(B) (1) EACH BEFORE THE START OF T HE 2024–2025 SCHOOL YEAR ,
EACH COUNTY BOARD SHALL A DOPT AND IMPLEME NT GUIDELINES IN ACC ORDANCE
WITH THE MARYLAND STATE SCHOOL HEALTH S ERVICE GUIDELINES TO REDUCE
THE RISK OF EXPOSURE TO ANAPHYLACTIC CAUSATIVE AGENTS MAJOR FOOD
ALLERGENS IN CLASSROOMS AND CO MMON AREAS .
(2) AT A MINIMUM, THE GUIDELINES UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL :
(I) IF APPROPRIATE , IN ACCORDANCE WITH T HE COLLECTIVE
BARGAINING AGREEMENT , DESCRIBE THE ROLES AND RESPON SIBILITIES OF
PARENTS, ADMINISTRATORS , HEALTH CARE STAFF , EDUCATORS , FOOD SERVICE
EMPLOYEES, AND OPERATIONS STAFF ;
(II) EMPHASIZE COMMUNICATI ON AND COLLABORATION
BETWEEN SCHOOL STAFF , STUDENTS, AND PARENTS , INCLUDING:
1. NOTIFICATION OF A STU DENT’S ANAPHYLACTIC
ALLERGY TO EDUCATORS AND OTHER SCHOOL STA FF WHO COME INTO CON TACT
WITH THE STUDENT ; AND
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2. NOTIFICATION TO PARENTS AN D STUDENTS ABOUT
MEASURES THE SCHOOL IS TAKING TO AVOID E XPOSURE TO FOOD ALLERGENS;
(III) PROVIDE INFORMATION T O PARENTS ABOUT 504 PLANS
AND THEIR APPLICABIL ITY TO STUDENTS WITH ANAPHYLACTIC ALLERGI ES;
(IV) DESIGNATE SCHOOL AREAS THAT ARE FOOD –FREE;
(V) DESIGNATE TABLES IN T HE CAFETERIA TO BE U SED BY
STUDENTS WITH ANAPHY LACTIC ALLERGIES THA T ARE FREE OF FOODS CONTAINING
THE MAJOR FOOD ALLER GENS OF THE STUDENT USERS;
(VI) PROVIDE GUIDELINES FO R WHO MAY USE OR ACC OMPANY
STUDENTS USING TABLE S FREE OF MAJOR FOOD ALLERGENS;
(VII) PROMOTE HANDWASHING A ND OTHER METHODS FOR THE
SAFE HANDLING OF FOO D;
(VIII) PROVIDE GUIDELINES FO R THE HANDLING OF FO OD ON
SCHOOL–PROVIDED TRANSPORTAT ION;
(IX) PROVIDE GUIDELINES DESIGNED TO ENSURE THAT
STUDENTS WITH ANAPHY LACTIC ALLERGIES ARE ABLE TO PARTICIPATE IN SCHOOL
EVENTS, AFTER–SCHOOL ACTIVITIES , AND FIELD TRIPS;
(X) PROVIDE GUIDANCE FOR FOOD DISTRIBUTION BY OUTSIDE
PUBLIC OR PRIVATE IN DIVIDUALS, GROUPS, AND ENTITIES HOLDING FUNCTIONS ON
SCHOOL GROUNDS ; AND
(XI) ESTABLISH STRATEGIES TO REDUCE BULLYING A ND
HARASSMENT OF STUDEN TS WITH ANAPHYLACTIC ALLERGIES.
(3) EACH COUNTY BOARD SHA LL PUBLISH THE GUIDE LINES
ADOPTED UNDER THIS S UBSECTION ON ITS WEB SITE AND BY ANY O THER METHOD
DETERMINED APPROPRIA TE BY THE BOARD .
(C) (1) EACH SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , EACH
PUBLIC SCHOOL SHALL DEVELOP A SYSTEM TO DISCLOSE, WITHIN A REASONABLE
TIME IN ADVANCE OF S ERVICE, THE FOODS SERVED IN THE SCHOOL AND THE M AJOR
FOOD ALLERGENS CONTA INED IN THE FOOD .
(2) A DISCLOSURE MADE UNDE R THIS SUBSECTION MAY BE BY:
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(I) DIRECT ELECTRONIC OR PHYSICAL MESSAGES SE NT TO THE
SCHOOL COMMUNITY ; OR
(II) POSTING ON THE INTERNET.
(3) (I) BEFORE JANUARY 1, 2026, A PUBLIC SCHOOL MAY NOT BE
REQUIRED TO DISPOSE OF A FOOD PRODUCT MA DE OR PURCHASED BEFO RE
JANUARY 1, 2023, THAT WAS LABELED IN ACCORDANCE WITH FEDE RAL LAW BEFORE
THE EFFECTIVE DATE O F THE REQUIREMENT TH AT SESAME BE LISTED ON THE FOOD
PRODUCT LABEL UNDER THE FEDERAL FOOD ALLERGY SAFETY, TREATMENT,
EDUCATION, AND RESEARCH ACT OF 2021.
(II) IF A PUBLIC SCHOOL IS USING A FOOD PRODUCT THAT WAS
MADE OR PURCHASED BE FORE JANUARY 1, 2023, THE SCHOOL SHALL DIS CLOSE
THAT THE FOOD MAY CO NTAIN SESAME.
[(b)] (D) In consultation with a school health professional, the principal of a
public school that has a child attending the school who has been identified to the school as
having an anaphylactic allergy shall:
(1) Monitor AND IMPLEMENT , AS NECESSARY , the strategies developed
in accordance with the Maryland State school health service guidelines to reduce the risk
of exposure to anaphylactic causative agents in classrooms and common areas;
(2) [Designate a peanut– and tree nut–free table in the cafeteria]
MONITOR AND IMPLEMENT THE GUIDELINES ESTAB LISHED BY THE COUNTY BOARD
UNDER SUBSECTION (B) OF THIS SECTION ; and
(3) Establish procedures for self–administration of medication by the child
if the child is determined to be capable of and responsible for self–administration by the
principal, parent or guardian of the child, and physician of the child.
[(c)] (E) A school may revoke the authority of a child to self–administer
medication if the child endangers himself or herself or another child through misuse of the
medication.
[(d)] (F) Except for any willful or grossly negligent act, an employee who
responds in good faith to the anaphylactic reaction of a child in accordance with this section
is immune from civil liability for any act or omission in the course of responding to the
reaction.
[(e)] (G) If a child has authority to self–administer medication in accordance
with subsection [(b)(3)] (D)(3) of this section, a local county board may require the parent WES MOORE, Governor Ch. 770
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or guardian of the child to sign a statement acknowledging that the school or its employee
incurs no liability as a result of injury arising from self–administration by the child.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) On or before August 1, 2023, the State Department of Education and the
Maryland Department of Health jointly shall update the Maryland State school health
service guidelines to reduce the risk of exposure to anaphylactic causative agents in
classrooms and common areas described under § 7–426.1 of the Education Article.
(b) Before the start of the 2023–2024 school year, each county board of education,
including the Baltimore City Board of School Commissioners, shall make a good faith effort
to adopt and implement guidelines in accordance with § 7–426.1 of the Education Article,
as enacted by Section 1 of this Act, and following the Maryland State school health service
guidelines updated under subsection (a) of this section.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July June 1, 2023.
Approved by the Governor, May 16, 2023.