Debate over St. Paul food allergy ordinance takes a twist

They were against it, for it, against it and now for it again -- with a caveat.

"They" are folks from the restaurant industry and "it" is a proposal to require allergy awareness posters to be displayed in St. Paul eateries.

They intended to show up in support of the measure at a public hearing Wednesday, but changed their tone when Council Member Melvin Carter introduced some changes that restaurant folks said caused increased liability. He eventually withdrew his changes, and that seemed to settle some nerves.

Both the restaurant industry and food allergy awareness advocates agree that more education is a positive thing and that allergic reactions can be life-threatening. Carter, whose daughter has a severe peanut allergy, has been looking for a way to raise awareness that would work for both sides.

The proposed ordinance would require restaurants to display an allergy awareness poster in a back area where employees can see it.

The ordinance would take effect Dec. 1, 2010.

The council is expected to vote on the matter next Wednesday.

Carter's original proposal raised the ire of the restaurant industry because it would have required a handbook listing recipes and ingredients, as well as other requirements. Carter, industry folks, food allergen awareness advocates and others then spent the past several months working out a compromise.

Dave Siegel, executive vice president of the Minnesota Restaurant Association, said his group could support the original poster ordinance as long as the language in the poster itself meets its approval. "It's problematic because we don't have any guarantees," he said.

Many of the restaurant representatives who spoke Wednesday before the changes were withdrawn said they were OK with the poster, but wanted to make sure liability wasn't increased.

"The last thing we want is customers getting sick," said Ken Schelper, a vice president for Davanni's.

Advocates urged the council to approve the ordinances.

Children, a teenager and a few adults spoke of past close calls at restaurants.

The most common allergens are peanuts, tree nuts, fish, shellfish, eggs, milk, wheat and soy.

More people than ever have food allergies, now an estimated 12 million. About 3 million children had a food allergy in 2007, an 18 percent increase in a decade. It is estimated that about 150 people die from allergic reactions to food, according to the FDA, but it doesn't specify what percentage of cases occurred at a restaurant.

Along with the poster requirement, a companion ordinance would give a 7 percent discount on restaurant license fees for making sure supervisors see a training video, and for providing a written policy to alert all employees when a customer has a food allergy.

If every restaurant license holder received the discount, it would cost about $35,000 in lost revenue, according to city calculations.