New Montgomery County law mandates food allergy training for restaurant employees

Graphic by Charlotte Alden.

By Jennie Yu

“No, I can handle it.”

That’s the all-too-common response the food allergy community receives when we go out to eat. We inform the server of our allergies and he or she dubiously agrees to ensure that our food is safe, yet our request to speak with the chef is brushed aside.

But thanks to Montgomery County’s new Bill 33-16, passed in November and taking effect this July, eating at a restaurant anywhere in the county will no longer be such a difficulty for people with allergies.

The law will require every restaurant to train some of its staff in food allergy awareness and handling of allergens. Not all staff members need to become certified; however, there will have to be at least one trained employee present at all times when food is being prepared and served.

I’m one of the 15 million people in the United States who has one or more life-threatening food allergies. Since the age of 16 months, navigating a litany of allergiesdairy, egg, peanut, tree nut, shellfish, seeds, tropical fruits and legumeshas been my reality, and with it has come the necessary precautionary steps. Always call restaurants ahead of time to see if they can accommodate a customer with allergies; read menus and learn what foods commonly accompany certain dishes; always ask the server about how your food will be prepared, never assume.

But too often, waiters don’t know what I’m asking, or they aren’t sure of the answers they’re giving—after all, most people never inquire about which knife and cutting board the chef will use to slice their entrée, or whether their food will be cooked on a shared grill.

“Sometimes the waiters are scared or uncomfortable because they don’t want to be responsible for me having a reaction if they make a mistake,” said junior Maddie Smith, who is allergic to fish, shellfish, nuts and kiwi.

The National Restaurant Association found that although 87 percent of restaurants consider accommodating patrons with food allergies to be extremely important, 43 percent don’t train their staff on protocol for handling food allergens, said Kristi Grim, the National Program Manager for the Food Allergy Research and Education Organization.

“Restaurant employees often receive little or no training on the serious nature of food allergies, the importance of strict allergen avoidance and how to read ingredient labels and how to avoid cross-contact during food preparation,” Grim said.

Bill 33-16 will change this. Under the legislation, the Department of Health and Human Services will be required to provide Montgomery County restaurants a list of approved food allergen awareness training programs, both in-person and online. Then, it will be the restaurant’s job to require their employees take a course and pass a test to become allergy certified.

For those in the county with allergies, this has been a long time coming: Massachussetts, Rhode Island, Virginia and Michigan have all passed similar laws, and it’s common knowledge in the allergy community that eating out in any one of these four states has become exponentially easier.

“The passage of this bill is especially important for prevention,” said junior Kelsie Oshinsky, who has an almond allergy. “By ensuring that no matter what restaurant you go to, the employees will know what they’re doing, this bill is saving lives.”