Sergio Lopez Food Allergy Awareness Act: A New Era for Food Safety in Texas
As we transition from summer’s heat to the crisp days of fall, it’s a season of change — and for food service establishments in Texas, that change is more important than ever. September 1, 2024, marked the beginning of a new chapter in food safety with the implementation of the Sergio Lopez Food Allergy Awareness Act, which went into effect on September 1, 2023. Named in honor of a young man who tragically lost his life to a preventable allergic reaction, this law aims to ensure that all Texans can dine safely, regardless of their dietary needs.
The Act requires that every food service establishment in Texas display a food allergy awareness poster in an area accessible to all food service employees. This is not just a piece of paper on the wall; it’s a critical tool to protect guests with food allergies by educating staff about the risks and appropriate responses to allergic reactions. The Texas Department of State Health Services (DSHS) is responsible for determining the poster’s content, which must be developed in collaboration with experts in food allergies and kept current with U.S. Food and Drug Administration (FDA) standards.
Under this law, the poster must include:
- The risk of an allergic reaction to a food allergen
- Symptoms of an allergic reaction
- The major food allergens, as determined by federal law and regulations of the United States Food and Drug Administration
- Procedures for preventing an allergic reaction
- Appropriate responses for assisting an individual who is having an allergic reaction.
Additionally, the law mandates that any education or training program accredited by the Texas Department of State Health Services must now include information on food allergen awareness. This applies to the certification and renewal of food managers and food handlers starting September 1, 2024. The law also specifies that all state-approved exams for food manager certifications must test applicants on this food allergen awareness content.
The Act also prevents local jurisdictions — such as counties, municipalities, or public health districts — from adopting or enforcing any orders, ordinances, or rules related to food allergens that are inconsistent with or exceed the requirements of the Act, ensuring a consistent standard of safety across Texas.
The Texas Restaurant Association (TRA) has stepped up to help restaurants comply with these new requirements by creating a food allergy awareness poster (see poster on the right) designed to be an educational and practical resource for restaurant teams. It issued the following statement:
“The Texas Restaurant Association is committed to the safety of our customers, employees and businesses. To help meet the new requirements under SB 812, we developed a food allergy awareness poster that helps the food service industry stay compliant, save lives and equip teams with the information needed to prevent and respond to allergic reactions effectively. By fostering a safe dining environment through education and clear communication, we aim to protect everyone who dines with us and strengthen the trust between restaurants and the communities we serve.”
“This poster is not just a legal requirement — it’s a vital tool in protecting the health and well-being of patrons with food allergies,” the TRA emphasized. The law marks a significant move toward safer dining experiences and reinforces the importance of clear communication and awareness in preventing allergic reactions.
—
But behind this law is a story of resilience and advocacy that began with one mother’s determination to save others from experiencing the same heartbreak she endured.
In June 2014, Sergio Lopez, a young music teacher with a severe peanut allergy, asked repeatedly if his meal contained peanuts Assured multiple times that it did not, he ate his veggie taco only to find out too late that it contained peanut butter. Despite his girlfriend’s suggestion to seek medical help immediately, Sergio, accustomed to feeling anxious about his allergies, was reassured by the restaurant’s words. Moments later, he began to feel an allergic reaction’s familiar and frightening symptoms. Within hours, Sergio was in the hospital, and tragically, he never regained consciousness.
“I don’t ever want this to happen again,” said Sergio’s mother, Belinda Vaca, during her interview on the Eating at a Meeting podcast. Belinda took her grief and turned it into a force for change, lobbying for nearly a decade to enact a law in her son’s name. She spent countless hours meeting with lawmakers, sharing her story, and advocating for awareness. With sheer determination, she succeeded in passing Senate Bill 812, “Sergio Lopez Food Allergy Awareness Act,” in 2023.
Belinda fought not just for a poster but for recognizing the severity of food allergies. “It’s a simple poster, but it’s a start,” she said. This law ensures that every food service establishment in Texas acknowledges the risks and responsibilities of serving those with food allergies, creating safer spaces for all.
While Texas is improving food allergy awareness, Belinda’s mission continues. She is determined to see similar legislation enacted nationwide. “I’m willing to fight for this for as long as it takes,” she insists.
Food safety isn’t just about what we serve but how we prep, cook, and serve it. The Sergio Lopez Food Allergy Awareness Act reminds us that every ingredient matters, every precaution counts, and every guest deserves to feel safe. This law is vital to creating dining environments where everyone—from children with peanut allergies to adults discovering new sensitivities—can eat with confidence and joy.
As we move into the season of change, let’s be inspired by the strength of one mother’s love and her relentless pursuit of a safer future for all. Let’s continue to ask questions, demand transparency, and advocate for safe and inclusive dining experiences everywhere.
Download the Texas Department of State Health Services (DSHS) poster here.
Download the Texas Restaurant Association poster here.
Watch my interview with Sergio Lopez’s mom Belinda Vaca:
