AN ACT to keep children with food allergies safe at child care centers.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 110‑91 reads as rewritten:

§ 110‑91.  Mandatory standards for a license.

All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the standards in this section shall be complied with by all child care facilities. However, none of the standards in this section apply to the school‑age children of the operator of a child care facility but do apply to the preschool‑age children of the operator. Children 13 years of age or older may receive child care on a voluntary basis provided all applicable required standards are met. The standards in this section, along with any other applicable State laws and federal laws or local ordinances, shall be the required standards for the issuance of a license by the Secretary under the policies and procedures of the Commission except that the Commission may, in its discretion, adopt less stringent standards for the licensing of facilities which provide care on a temporary, part‑time, drop‑in, seasonal, after‑school or other than a full‑time basis.

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(2)        Health‑Related Activities. –

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j.          Allergies. – Each child care facility shall observe the following requirements with respect to allergies:

1.         Require each caregiver to receive training on the administration of epinephrine.

2.         Require emergency services to be contacted immediately in the event that epinephrine is administered.

3.         Require notification to the parent or guardian of a child to whom epinephrine has been administered of a possible allergic reaction, including all known or potential causes of the reaction, immediately after the epinephrine has been administered and emergency services has been contacted.

4.         Adopt, and provide a copy to parents of, food service policies that address and limit exposure to known or common food allergies.

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SECTION 2.  This act is effective when it becomes law.