HF 3424

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:01pm

A bill for an act
relating to education; requiring schools to adopt a major food allergen policy;
proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.2208] FOOD ALLERGENS.
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new text begin Subdivision 1. new text end

new text begin Major food allergen. new text end

new text begin For purposes of this section, "major food allergen"
means:
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new text begin (1) milk;
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new text begin (2) eggs;
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new text begin (3) fish;
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new text begin (4) crustacean shellfish;
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new text begin (5) tree nuts;
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new text begin (6) wheat;
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new text begin (7) peanuts;
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new text begin (8) soybeans; and
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new text begin (9) sesame.
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new text begin Subd. 2. new text end

new text begin Model policy. new text end

new text begin The commissioner of education must adopt a model policy to
reduce the risk of exposure to anaphylactic major food allergens in classrooms and common
areas in schools. The model policy must:
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new text begin (1) identify the roles and responsibilities of parents, administrators, and school staff;
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new text begin (2) emphasize communication and collaboration among school staff, students, and
parents, including:
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new text begin (i) notification of a student's anaphylactic allergy to teachers and other school staff who
come into contact with the student; and
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new text begin (ii) notification to parents and students about measures the school is taking to avoid
exposure to major food allergens;
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new text begin (3) provide information to parents about 504 plans and their applicability to students
with anaphylactic allergies;
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new text begin (4) designate school areas that are food-free;
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new text begin (5) designate tables in the cafeteria to be used by students with anaphylactic allergies
that are free of foods containing the major food allergens of the student users;
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new text begin (6) include guidelines for who may use or accompany students using tables free of major
food allergens;
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new text begin (7) promote hand washing and other methods for the safe handling of food;
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new text begin (8) provide guidelines for the handling of food on school-provided transportation;
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new text begin (9) provide guidelines designed to ensure that students with anaphylactic allergies are
able to participate in school events, after-school activities, and field trips;
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new text begin (10) provide guidance for food distribution by outside public or private individuals,
groups, and entities holding functions on school grounds; and
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new text begin (11) identify strategies to reduce bullying and harassment of students with anaphylactic
allergies.
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new text begin Subd. 3. new text end

new text begin District requirements. new text end

new text begin (a) A school district or charter school must either adopt
the model policy under subdivision 2, or adopt a different policy that meets the requirements
of subdivision 2. The policy must be posted on the district or charter school website.
new text end

new text begin (b) A school district or charter school must, within a reasonable time in advance of
service, disclose to students and parents the foods served in the school and the major food
allergens contained in the food. The disclosure may be by direct electronic or physical
message to the school community, or posted on the district or charter school website.
new text end

new text begin (c) The principal or other person having administrative control over a school that has
an enrolled student who has been identified to the school as having an anaphylactic allergy
must:
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new text begin (1) monitor and implement, as necessary, strategies to reduce the risk of exposure to
major food allergens in classrooms and common areas of the school; and
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new text begin (2) monitor and implement the policy established by the school board under this
subdivision.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
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