Muñoz SAFE Act

The Muñoz Student Allergy Framework for Emergencies (SAFE) Act, formally designated as AB 1651, is a California state law enacted in 2023 that expands access to epinephrine auto-injectors (EAIs) on school campuses. The law impacts the nearly half a million students with food allergies in California by helping reduce the likelihood of lethal allergic reactions on school campuses.

Background

Food Allergy Prevalence

According to the Food Allergy Research & Education (FARE) organization, as many as 33 million Americans suffer from life-threatening allergies, representing a 377% increase in the diagnosis of anaphylactic food reactions between 2007 and 2016. Of this population, 1 in 13 are children who rely on parents, caregivers, teachers, and school administrators to keep them safe while at school.

Prior California Law

Before the passage of AB 1651, existing California law required school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel, and authorized school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering from an anaphylactic reaction. However, many schools did not have full-time nurses or other personnel authorized to administer EAIs during school hours and after-school programming.

Inspiration

Zacky Muñoz, who has food allergies, was in first grade when his bread ingredients were switched and included sesame. He experienced his first anaphylactic reaction and needed epinephrine. He was lucky because he had people able to help him and, most importantly, had epinephrine available at the time he needed it most.

Priscilla Hernandez, a FARE Board Member and Muñoz's mother, was at the forefront of the advocacy push for stronger laws. Her motivation was also shaped by an incident in Texas, where a child lost her life because her epinephrine auto-injector was locked up and could not be accessed.

Legislative History

AB 1651 was introduced by Assembly Member Kate Sanchez (R-AD71) and coauthored by Senator Bob Archuleta (D-Pico Rivera). FARE endorsed the bill upon its introduction in April 2023, calling for its quick passage into law.

Governor Gavin Newsom signed AB 1651 on October 8, 2023.

Provisions

AB 1651 protects students with food allergies on campus by: requiring EAIs to be stored in accessible and known locations for emergency use; notifying all staff of the location of EAIs in an annual notice; publicly posting information related to the prompt use of EAIs on school campuses; and permitting certified volunteers to undergo training to administer EAIs on campus during emergencies.

The bill allows those with an Activity Supervisor Clearance Certificate to be designated by schools to receive training to administer epinephrine during emergencies. This means thousands of individuals, including engaged parents, after-school program staff, and coaches, are able to treat students having an allergic reaction.

Additionally, the law requires schools to retain a physical copy of instructions near the site of epinephrine.

Zacky Muñoz

The Muñoz SAFE Act was Muñoz's second piece of legislation aimed at advancing the safety of school-aged children with food allergies. His first, AB 2640 — known as "The Zacky Bill" — was signed into law by Governor Newsom in 2022. That law ensures that a state resource guide with comprehensive information regarding food allergy resources, current laws, and methods to identify ingredients is available on the California Department of Education website.

Muñoz subsequently developed the idea for the Zacky's Food Allergy Safety and Treatment (FAST) Act, first introduced in 2024 and again in 2025, marking his third piece of legislation passed with the goal of advancing the safety of school-aged children with food allergies.

Reception

FARE CEO Sung Poblete expressed enthusiasm for the bill's introduction, thanking advocates Priscilla Hernandez and Zacky Muñoz, along with Assembly Member Sanchez and Senator Archuleta, for bringing awareness and action to the safety issue.

Upon signing, Muñoz stated: "This is an important event for kids with food allergies. We know our voices can make big changes in the world."