[Congressional Record Volume 149, Number 34 (Tuesday, March 4, 2003)]
[Senate]
[Pages S3091-S3093]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mrs. Clinton, Mr. Kennedy, and Mr. 
        Schumer):
  S. 506. 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; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. DURBIN. Madam President, today I am introducing legislation that 
would dramatically improve the safety of food served in our Nation's 
schools. This bill, known as the Safe School Food Act, would fill gaps 
in the inspection, testing, procurement and preparation of food served 
to our schoolchildren, and provide school officials with the necessary 
tools and information to help them prevent food-borne illness among our 
most vulnerable population.
  Each day, more than 27 million children eat meals provided through 
the National School Lunch Act. Despite increased attention in recent 
years to the safety of food provided to schoolchildren, there is 
evidence of serious problems with our school lunch system--between 1990 
and 2000, there were nearly 100 reported outbreaks of food-borne 
illness in our schools affecting thousands of children, with several 
outbreaks resulting in significant health consequences. Since food-
borne illness is preventable, these statistics indicate we are not 
doing enough to protect our children's health when they consume food 
served at our schools.
  Currently, 17 percent of the food served in schools is donated by the 
Federal Government and undergoes stringent U.S. Department of 
Agriculture food-safety standards for inspections and pathogen testing. 
Suppliers' food safety records also are reviewed before they are 
granted contracts to provide food to the USDA donated commodity 
program. However, the remaining 83 percent of food consumed at schools 
is purchased locally and is not subject to these more stringent USDA 
donated commodity standards. State education officials also do not have 
access to the safety records of food suppliers to make the same 
informed decisions as their counterparts at the Federal level.
  If a tainted product enters the food supply, it is often difficult 
for local education officials to quickly determine if they have that 
food in their schools' kitchens due to a complex web of food 
manufacturers, distributors, and brokers who deal with schools. A food 
producer's tainted food may be repackaged by a distributor, leaving a 
school unaware it is serving the product. And many Americans may be 
surprised to discover that our Federal food agencies do not even have 
the authority to mandate the recall of contaminated food in schools. 
Such recalls are currently voluntary.
  The Safe School Food Act would address these gaps in our School Lunch 
Program and provide schools with the tools and information on how to 
more safely purchase and prepare food served to our children.
  Improving Inspections: This legislation will ensure stringent 
inspection and pathogen testing for USDA meat, poultry, seafood, eggs, 
and produce donated to the School Lunch Program, and gives the USDA 
Secretary the authority to require similar pathogen testing as 
necessary for foods purchased directly by the schools. Cafeterias also 
would be inspected more frequently, inspection exemptions would be 
eliminated, and those inspection reports would be made available to the 
public.
  Purchasing Safe Food: By incorporating USDA food safety guidelines in 
their procurement contracts to the maximum extent possible, schools 
will have the tools to help ensure the safety of the food they serve. 
And by providing State education officials with food-safety histories 
of the companies they purchase from, schools can make more informed 
decisions in the purchasing process.
  Planning and Serving Safe Meals: The USDA will provide training and 
assistance to schools in the preparation of required plans to address 
the food-safety risks of meals they prepare.
  Providing Notice and Recalling Unsafe Food: Each State will have an 
up-to-date list of the vendors and suppliers who provide food to their 
schools to enable easier tracking of food that may be tainted. If a 
food product that has been distributed to schools is found to be 
unsafe, the USDA Secretary will have the authority to require a 
mandatory recall of the product if voluntary efforts are unsuccessful. 
Designated food safety coordinators in each State will assist with 
recalls, as well as safety training and information-sharing issues.
  Mr. President, I urge my colleagues to join me in this effort to 
improve the safety of the food served in our schools. The health of our 
schoolchildren is at stake.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 506

       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.

[[Page S3092]]

     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

[[Page S3093]]

     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.''.
                                 ______