New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A4789

Introduced
3/19/26  

Caption

Concerns food allergy safety, emergency preparedness, and anaphylaxis response in child care settings.

Summary

This bill, titled “Elijah’s Law,” would establish statewide requirements for food allergy safety and anaphylaxis preparedness in licensed child care centers and registered family day care homes. It directs the Department of Health, in consultation with the Department of Children and Families, to develop an annual allergy and anaphylaxis training program for all child care staff. The training must cover food allergy awareness, recognizing allergic reactions and anaphylaxis, emergency response procedures including epinephrine use, reducing allergen exposure and cross-contact, and weight-based dosing guidelines. The bill also authorizes child care centers and family day care homes to obtain and maintain undesignated stock epinephrine for emergency use and to administer it to a child reasonably believed to be experiencing anaphylaxis. It requires staff to immediately call 911, notify the parent or guardian, continuously monitor the child until emergency responders arrive, and document the incident in detail. The bill includes civil liability protection for providers and staff acting in good faith, except in cases of gross negligence or willful misconduct, and it preserves the separate obligation to use a child’s prescribed epinephrine when provided by a parent or guardian.

Impact

The bill would supplement Title 30 of the Revised Statutes by creating new duties for licensed child care centers and registered family day care homes related to allergy preparedness, staff training, emergency response, recordkeeping, and access to epinephrine. It would also require the Department of Health and the Department of Children and Families to adopt implementing rules and could allow use of federal child care funds, including Child Care and Development Block Grant resources, to help with implementation. The measure would affect child care providers, staff, children with food allergies, and families, while also establishing a limited good-faith immunity framework for emergency epinephrine administration.

Sentiment

The bill appears strongly supportive of child safety and emergency preparedness, with the legislative findings emphasizing the seriousness of food allergies, the speed of anaphylaxis, and the need for immediate treatment. The overall tone is preventive and protective, reflecting a desire to standardize training and response protocols in child care settings. No committee transcript or vote record is provided, so there is no documented opposition or recorded vote sentiment in the materials supplied.

Contention

The main policy issues embedded in the bill are the mandate for annual staff training, the authorization to keep and administer undesignated stock epinephrine, and the scope of liability protection for providers and staff. Potential points of contention could include the cost and administrative burden on child care centers and family day care homes, the practicalities of maintaining FDA-approved epinephrine devices and training staff, and whether the immunity provision is broad enough or too limited. The bill also distinguishes between stock epinephrine and a child’s prescribed medication, which may raise implementation questions for providers, but no specific objections are recorded in the provided context.

Companion Bills

NJ S3624

Same As Concerns food allergy safety, emergency preparedness, and anaphylaxis response in child care settings.

Similar Bills

No similar bills found.