[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 506 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 506

To amend the Richard B. Russell National School Lunch Act to ensure the 
 safety of meals served under the school lunch program and the school 
                           breakfast program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2003

 Mr. Durbin (for himself, Mrs. Clinton, Mr. Kennedy, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Richard B. Russell National School Lunch Act to ensure the 
 safety of meals served under the school lunch program and the school 
                           breakfast program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe School Food Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the national school lunch program under the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is a 
        federally-assisted meal program that--
                    (A) operates in more than 97,000 public and 
                nonprofit private schools; and
                    (B) provides nutritionally balanced, low-cost or 
                free lunches to more than 27,000,000 children each 
                school day;
            (2) children are among the populations most vulnerable to 
        foodborne illness, which sickens an estimated 76,000,000 
        individuals in the United States each year;
            (3) nearly 100 reported outbreaks of foodborne illnesses 
        occurred in schools between 1990 and 2000;
            (4) Department of Agriculture procurement policies and 
        procedures--
                    (A) help ensure the safety of foods donated to 
                schools, which comprise about 17 percent of the school 
                lunch supply; but
                    (B) do not apply to the remaining 83 percent of 
                food served under the national school lunch program, 
                which is purchased locally by schools;
            (5) it is essential to maintain public confidence in--
                    (A) the safety of the food supply in the schools of 
                the United States; and
                    (B) the ability of the Federal Government and State 
                governments to exercise adequate oversight of foods 
                served in the schools of the United States; and
            (6) public confidence can best be maintained by--
                    (A) improving Department of Agriculture procurement 
                and testing standards, and extending the standards, to 
                the maximum extent practicable, to foods purchased by 
                schools;
                    (B) preparing and implementing plans to prevent 
                identified food safety risks in the preparation of 
                school meals; and
                    (C) improving food safety training, information 
                sharing, and coordination between the Federal 
                Government and States.

SEC. 3. IMPROVEMENTS TO THE SAFETY OF SCHOOL LUNCHES.

    Section 9 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758) is amended--
            (1) in subsection (h)--
                    (A) in paragraph (1)--
                            (i) by striking ``Except as provided in 
                        paragraph (2), a'' and inserting ``A'';
                            (ii) by striking ``shall, at least once'' 
                        and inserting the following: ``shall--
                    ``(A) at least twice'';
                            (iii) by striking the period at the end and 
                        inserting a semicolon; and
                            (iv) by adding at the end the following:
                    ``(B) post the report on the most recent inspection 
                in a publicly visible location; and
                    ``(C) make the report available to the public on 
                request.'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) State and local government inspections.--Nothing in 
        paragraph (1) prevents any State or local government from 
        adopting or enforcing any requirement for more frequent food 
        safety inspections of schools.''; and
                    (C) by adding at the end the following:
            ``(3) Audits and reports by states.--Each State shall 
        annually audit and submit to the Secretary a report on the food 
        safety inspections of schools conducted under paragraphs (1) 
        and (2).
            ``(4) Audit by the secretary.--The Secretary shall annually 
        audit State reports of food safety inspections of schools 
        submitted under paragraph (3).''; and
            (2) by adding at the end the following:
    ``(k) Procurement of Safe Foods.--
            ``(1) Action by school food authorities.--Subject to 
        paragraph (3), the Secretary shall require that a school food 
        authority incorporate into the procurement contracts of the 
        school food authority, to the maximum extent practicable, 
        provisions to help ensure the safety of foods purchased by 
        schools for a program under this Act or the school breakfast 
        program under section 4 of the Child Nutrition Act of 1966 (42 
        U.S.C. 1773).
            ``(2) Rulemaking by the secretary.--Not later than May 1, 
        2004, the Secretary shall promulgate final regulations to 
        implement paragraph (1) that require--
                    ``(A) each vendor that provides food products to be 
                served by a school that participates in the school 
                lunch program under this Act or the school breakfast 
                program under section 4 of the Child Nutrition Act of 
                1966 (42 U.S.C. 1773) to supply to the Secretary the 
                name and contact information for each school food 
                supplier of the vendor; and
                    ``(B) as appropriate, pathogen testing during 
                production of foods described in that paragraph.
            ``(3) Guidance.--The Secretary shall provide guidance to 
        school food authorities on ensuring the safety of food 
        purchases not subject to the regulations promulgated under 
        paragraph (2).
    ``(l) Food Safety Planning.--
            ``(1) In general.--Each school that participates in the 
        school lunch program under this Act or the school breakfast 
        program under section 4 of the Child Nutrition Act of 1966 (42 
        U.S.C. 1773) shall monthly prepare a plan that assesses--
                    ``(A) the food safety risks inherent in the 
                preparation and serving of meals; and
                    ``(B) the appropriate methods to prevent or 
                eliminate the identified food safety risks.
            ``(2) Training and technical assistance.--
                    ``(A) In general.--The Secretary shall provide 
                training and technical assistance to State educational 
                agencies to assist in preparation of the food safety 
                plans required by paragraph (1).
                    ``(B) Use of food service management institute.--In 
                carrying out subparagraph (A), the Secretary shall use, 
                to the maximum extent practicable, a food service 
                management institute established under section 
                21(a)(2).
    ``(m) Authority To Recall Food Products Served in School Meals.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Class i recall.--The term `Class I recall', 
                with respect to a food product, means a recall that 
                involves a health hazard situation where there is a 
                reasonable probability that the use of, or exposure to, 
                the food product will cause serious, adverse health 
                consequences or death.
                    ``(B) Food product.--The term `food product' means 
                a commodity donated to, or a food product purchased by, 
                a school for a program under this Act or the school 
                breakfast program under section 4 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1773).
            ``(2) Voluntary actions.--If the Secretary finds that there 
        is a reasonable probability that human consumption of a food 
        product that was, or may have been, distributed to schools 
        would present a threat to public health, the Secretary shall 
        provide each appropriate person (as identified by the 
        Secretary) that prepared, processed, distributed, or otherwise 
        handled the food product with an opportunity--
                    ``(A) to recall and collect the food product;
                    ``(B) to provide to the Secretary a list of 
                individuals to whom the food product was sold or 
                distributed; and
                    ``(C) in consultation with the Secretary, to 
                provide timely notification of the finding of the 
                Secretary to the State food safety coordinator 
                designated under section 12(q) of each State in which 
                the food product was, or may have been, distributed, 
                which notification shall include sufficient information 
                to identify the affected food product.
            ``(3) Mandatory actions.--
                    ``(A) Order.--If any appropriate person identified 
                by the Secretary under paragraph (2) does not carry out 
                the actions described in that paragraph within the time 
                period and in the manner required by the Secretary, the 
                Secretary shall, by order, require, as the Secretary 
                determines to be necessary, the person--
                            ``(i)(I) to cease immediately distribution 
                        of the food product to schools; and
                            ``(II) to promptly recall and collect the 
                        food product;
                            ``(ii) to provide immediately to the 
                        Secretary a list of individuals to whom the 
                        food product was sold or distributed; and
                            ``(iii) to make immediately the 
                        notification described in paragraph (2)(C).
                    ``(B) Informal hearing.--The order shall provide 
                the person subject to the order with an opportunity for 
                an informal hearing, to be held not later than 10 days 
                after the date of issuance of the order, on the actions 
                required by the order.
                    ``(C) Vacating of order.--If, after providing an 
                opportunity for a hearing under subparagraph (B), the 
                Secretary determines that inadequate grounds exist to 
                support the actions required by the order, the 
                Secretary shall vacate the order.
            ``(4) Coordination with secretary of health and human 
        services.--In the case of an activity under paragraph (2) or 
        (3) carried out with respect to a food product regulated under 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
        seq.), the Secretary shall coordinate with the Secretary of 
        Health and Human Services to ensure that the activity is 
        carried out.
            ``(5) Notification to schools and vendors.--
                    ``(A) Provision of vendor contact information to 
                state educational agency.--Not later than August 1, 
                2004, and as appropriate thereafter, a school that 
                participates in the school lunch program under this Act 
                or the school breakfast program under section 4 of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1773) shall 
                provide to the appropriate State educational agency 
                current contact information for each vendor, and each 
                school food supplier of the vendor, that will provide 
                food products to be served by the school.
                    ``(B) Notification by state educational agencies.--
                            ``(i) In general.--A State educational 
                        agency that receives notification under 
                        paragraph (2)(C) or (3)(A)(iii) with respect to 
                        a food product shall, within 24 hours after 
                        receipt of the notification, notify each vendor 
                        and each school to which the food product was, 
                        or may have been, distributed.
                            ``(ii) Contents of notification.--The 
                        notification shall include--
                                    ``(I) the finding of the Secretary 
                                under paragraph (2); and
                                    ``(II) sufficient information to 
                                identify the affected food product.
                    ``(C) Action by vendors on receipt of 
                notification.--Each vendor that receives notification 
                under paragraph (2)(C), paragraph (3)(A)(iii), or 
                subparagraph (B) shall--
                            ``(i) immediately cease distribution of the 
                        food product; and
                            ``(ii) isolate the affected product to 
                        avoid accidental distribution.
                    ``(D) Action by schools on receipt of 
                notification.--Each school that receives notification 
                under paragraph (2)(C), paragraph (3)(A)(iii)), or 
                subparagraph (B) shall--
                            ``(i) immediately cease serving the food 
                        product; and
                            ``(ii) isolate the affected product to 
                        avoid accidental use.
            ``(6) Notification to the public.--
                    ``(A) In general.--If a State educational agency 
                finds that a food product subject to a Class I recall 
                has been consumed under a program operated by a school 
                under this Act or the school breakfast program under 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773), the State educational agency shall provide 
                public notification in accordance with subparagraph 
                (B).
                    ``(B) Contents of notification.--The notification 
                shall include--
                            ``(i) the finding of the Secretary under 
                        paragraph (2); and
                            ``(ii) sufficient information to identify 
                        the recalled food product and the date when and 
                        location where the recalled food product was 
                        served.
            ``(7) Enforcement.--
                    ``(A) In general.--A violation of this subsection 
                may be prosecuted, as applicable--
                            ``(i) by the Secretary under--
                                    ``(I) section 12 of the Poultry 
                                Products Inspection Act (21 U.S.C. 
                                461);
                                    ``(II) section 406 of the Federal 
                                Meat Inspection Act (21 U.S.C. 676); or
                                    ``(III) section 12 of the Egg 
                                Products Inspection Act (21 U.S.C. 
                                1041); or
                            ``(ii) by the Secretary of Health and Human 
                        Services under section 303 of the Federal Food, 
                        Drug, and Cosmetic Act (21 U.S.C. 333).
                    ``(B) No effect on state prosecutions.--Nothing in 
                this paragraph prevents a State from prosecuting any 
                violation of State law.
    ``(n) Information Sharing on Food Safety Law Compliance.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Health and Human Services, shall establish an 
        advisory committee (referred to in this subsection as the 
        `Committee') to assist in establishing an information-sharing 
        database, or implementing another method, to provide each State 
        food safety coordinator designated under section 12(q) and 
        other appropriate persons with up-to-date information regarding 
        food safety concerns relating to food manufacturing, 
processing, and packing facilities that produce any food purchased or 
acquired for a program under this Act or the school breakfast program 
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), 
including recalls by and enforcement actions against the facilities.
            ``(2) Composition.--The Committee shall include 
        representatives of--
                    ``(A) school food authorities;
                    ``(B) State educational agencies;
                    ``(C) State agricultural agencies;
                    ``(D) consumer groups;
                    ``(E) State public health officials; and
                    ``(F) food manufacturing, processing, and packing 
                facilities.
            ``(3) Compensation.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                member of the Committee shall not receive any 
                compensation for the service of the member on the 
                Committee.
                    ``(B) Travel expenses.--A member of the Committee 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from the home or 
                regular place of business of the member in the 
                performance of services for the Committee.
            ``(4) Technical assistance.--The Secretary shall provide 
        for the availability to each State food safety coordinator of 
        training and technical assistance on use of any database or 
        method described in paragraph (1).
            ``(5) Report.--Not later than May 31, 2004, the Committee 
        shall submit to the Committee on Education and the Workforce of 
        the House of Representatives and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate a report describing 
        actions taken to carry out this subsection.
            ``(6) Funding.--Section 715 of the Agriculture, Rural 
        Development, Food and Drug Administration, and Related Agencies 
        Appropriations Act, 2003 (Public Law 108-7), and any successor 
        section, shall not apply to expenses of the Committee.''.

SEC. 4. DESIGNATION OF STATE FOOD SAFETY COORDINATORS.

    Section 12 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760) is amended by adding at the end the following:
    ``(q) Designation of State Food Safety Coordinators.--Each State 
educational agency shall designate an individual to serve as the State 
food safety coordinator to ensure within the State the safety of food 
served under a program under this Act or the school breakfast program 
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).''.

SEC. 5. PROCEDURES AND ACTIONS TO ENSURE THE SAFETY OF DONATED 
              COMMODITIES.

    Section 14 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1762a) is amended--
            (1) in the first sentence of subsection (d)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) require, at a minimum, for any commodity that is used 
        under a program under this Act or the school breakfast program 
        under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
        1773)--
                    ``(A) daily inspection under the Agricultural 
                Marketing Act of 1946 (7 U.S.C. 1621 et seq.) of any 
                donated commodity that is covered by--
                            ``(i) the Poultry Products Inspection Act 
                        (21 U.S.C. 451 et seq.);
                            ``(ii) the Federal Meat Inspection Act (21 
                        U.S.C. 601 et seq.); or
                            ``(iii) the Egg Products Inspection Act (21 
                        U.S.C. 1031 et seq.);
                    ``(B) daily inspection of any seafood commodity 
                that is covered by the inspection program carried out 
                by the National Marine Fisheries Service under the 
                Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
                seq.); and
                    ``(C) quarterly, on-site audits under the 
                Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
                seq.) of each establishment that produces a donated 
                fresh or processed fruit or vegetable.'';
            (2) by redesignating subsection (g) as subsection (h); and
            (3) by inserting after subsection (f) the following:
    ``(g) Actions To Ensure the Safety of Donated Commodities.--With 
respect to commodities purchased by the Secretary for a program under 
this Act or the school breakfast program under section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773), the Secretary shall--
            ``(1) in the case of ground uncooked meat products--
                    ``(A) collect samples at least 4 times per day 
                during production; and
                    ``(B) conduct at least daily composite testing for 
                compliance with the microbiological limits established 
                by the Secretary on--
                            ``(i) Escherichia coli (E. coli) O157:H7 in 
                        effect on October 1, 2002; and
                            ``(ii) Salmonella in effect on October 1, 
                        2002, unless the Secretary develops a more 
                        appropriate scientific and health-based 
                        standard;
            ``(2)(A) collect and test samples at least 4 times per day 
        during production from food contact surfaces of ready-to-eat 
        meat and poultry product plants; and
            ``(B) if the result of a test under subparagraph (A) is 
        positive for Listeria spp., conduct product sampling for 
        compliance with the microbiological limit on Listeria 
        monocytogenes issued by the Secretary on May 23, 1989 (54 Fed. 
        Reg. 22345); and
            ``(3) reject any lot of food products that fails to meet 
        the requirements of paragraph (1) or paragraph (2), as 
        applicable.''.
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