I 111th CONGRESS 2d Session H. R. 4590 IN THE HOUSE OF REPRESENTATIVES February 3, 2010 Mr. Sestak introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to ensure the safety of school meals by enhancing coordination with States and schools operating school meal programs in the case of a recall of contaminated food.

1.

Short title

This Act may be cited as the School Meal Safety and Standards Act.

2.

Ensuring safety of school meals

The Richard B. Russell National School Lunch Act is amended by inserting after section 22 (42 U.S.C. 1769c) the following:

23.

Ensuring safety of school meals

(a)

Food and Nutrition Service

Not later than 1 year after the date of enactment of the School Meal Safety and Standards Act, the Secretary, acting through the Administrator of the Food and Nutrition Service, the Administrator of the Agricultural Marketing Service, or the Administrator of the Farm Service Agency, as appropriate, shall— (1)develop guidelines to determine the circumstances in which it is appropriate for the Secretary to institute an administrative hold on suspect food and commodities being used in school meal programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (2)work with States to explore ways for the States to improve the timeliness and completeness of notification of food and commodity holds and recalls to schools and school food authorities; (3)improve the timeliness and completeness of notification of food and commodity holds and recalls by the Food and Nutrition Service to States, schools, and school food authorities, such as through the commodity alert system of the Food and Nutrition Service; (4)establish a timeframe by when the Food and Nutrition Service shall improve the food and commodity hold and recall procedures of the Department of Agriculture to— (A)address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients; and (B)facilitate the provision of more timely and accurate information to schools, States, and school food authorities; (5)revise the procedures of the Food and Nutrition Service to provide States with more specific instructions for schools and school food authorities about how to dispose of recalled foods and commodities and obtain timely reimbursement; (6)institute a systematic quality check procedure to ensure that holds and recalls by the Food and Nutrition Service on foods and commodities used by schools are carried out effectively; (7)study existing commercial practices and standards regarding food quality, safety, and testing procedures and frequency; and (8)implement regulations that require the Department of Agriculture to meet or exceed, with respect to foods and commodities being used under the school meal programs, the commercial practices and standards studied pursuant to paragraph (7). (b)

Food Safety and Inspection Service

Not later than 1 year after the date of enactment of the School Meal Safety and Standards Act, the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that schools are included in effectiveness checks.

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