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.

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

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.'.

END