[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5084 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5084
To amend the Richard B. Russell National School Lunch Act to ban foods
with contaminants above safe levels in or on final products served in
school meals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2024
Mr. Booker 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 ban foods
with contaminants above safe levels in or on final products served in
school meals, and for other purposes.
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 Meals Act of 2024''.
SEC. 2. REGULATIONS RELATING TO CERTAIN SUBSTANCES IN FINAL SCHOOL MEAL
PRODUCTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Food and Drugs.
(3) Final school meal product.--The term ``final school
meal product'' means a food in the form in which the food would
be consumed by students at schools participating in 1 or more
school meal programs under--
(A) the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.); or
(B) the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
(4) Heavy metal or toxic metalloid.--The term ``heavy metal
or toxic metalloid'' means--
(A) arsenic;
(B) cadmium;
(C) lead; and
(D) mercury.
(5) Pesticide residue.--The term ``pesticide residue''
means the total quantity of organophosphate, glyphosate,
paraquat, and such other pesticides as the Commissioner may
require, based on evidence of harm received by the Commissioner
that, after application to an agricultural product, remains in
or on the agricultural product.
(6) PFAS.--The term ``PFAS'' means any member of the class
of fluorinated organic chemicals that contains at least 1 fully
fluorinated carbon atom.
(b) Environmental Protection Agency.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the level of pesticide residue found in
or on final school meal products shall be nondetectable when
using the most sensitive commercially available test.
(2) Phase-in.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall promulgate a
final rule that establishes a schedule for decreasing the level
of pesticide residue found in or on final school meal products
to ensure the level described in paragraph (1) is achieved by
the date described in that paragraph.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator such sums as are
necessary to carry out this subsection.
(c) Food and Drug Administration.--
(1) Heavy metals and toxic metalloids.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Commissioner shall
promulgate a final rule that establishes, for each
heavy metal and toxic metalloid, a maximum permissible
level found in or on final school meal products that
poses a reasonable certainty of no harm to school-age
children from aggregate exposure, including all
anticipated dietary exposures.
(B) Requirements.--
(i) Factors for consideration.--The rule
under subparagraph (A) shall take into
consideration the factors described in section
409(c)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348(c)(5)).
(ii) Implementation period.--The maximum
permissible levels established under the rule
under subparagraph (A) shall be implemented in
phases during the 5-year period beginning on
the date of promulgation of the rule.
(C) Absence of regulation.--If a maximum
permissible level is not established pursuant to
subparagraph (A) with respect to a heavy metal or toxic
metalloid by the date that is 2 years after the date of
enactment of this Act, the maximum permissible level
for that heavy metal or toxic metalloid shall be
nondetectable when using the most sensitive
commercially available test until a maximum permissible
level is established by the Commissioner in accordance
with this paragraph.
(D) Review.--Not less frequently than once every 5
years, the Commissioner shall--
(i) review relevant data; and
(ii) determine potential adjustments to the
maximum permissible levels of heavy metals and
toxic metalloids established under this
paragraph.
(2) Packaging.--The Commissioner shall prohibit the use of
PFAS, phthalates, lead, and bisphenols in product packaging of
final school meal products.
(3) Certain food chemicals.--
(A) Reassessments.--Not later than 5 years after
the date of enactment of this Act, and not less
frequently than once every 5 years thereafter, the
Secretary of Health and Human Services, acting through
the Commissioner (referred to in this paragraph as the
``Secretary''), shall--
(i) subject to subparagraphs (C) and (D),
reassess the safety of not fewer than 10 food
additives, substances generally recognized as
safe, or classes of those substances found in
or on final school meal products; and
(ii) promulgate final regulations that--
(I) establish conditions of use for
each substance determined to be safe
(within the meaning of section 409 of
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348) and this
paragraph); and
(II) determine to be unsafe any
substance that has been found, when
ingested by humans or animals, to
induce--
(aa) reproductive,
developmental, or endocrine
toxicity; or
(bb) cancer.
(B) Factors for consideration.--In determining, for
the purposes of this paragraph, whether a substance is
unsafe, the Secretary shall take into consideration,
among other relevant factors--
(i) the cumulative effects of the
substance, and any chemically or biologically
related substances, as described in section 409
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 348); and
(ii) an adequately protective use of safety
factors, as described in that section, to
account for the particular sensitivities of
vulnerable human populations, including
children and adolescents.
(C) Substances initially subject to reassessment.--
(i) In general.--The substances initially
reassessed by the Secretary under subparagraph
(A) shall be the following:
(I) Butylated hydroxyanisole.
(II) Butylated hydroxytoluene.
(III) Tert-butylhydroquinone.
(IV) Sodium benzoate.
(V) Propyl gallate.
(VI) Titanium dioxide.
(VII) FD&C Red 3.
(VIII) FD&C Red 40.
(IX) FD&C Yellow 5.
(X) FD&C Yellow 6.
(XI) FD&C Green 3.
(XII) FD&C Blue 1.
(XIII) FD&C Blue 2.
(XIV) Azodicarbonamide.
(XV) Potassium bromate.
(XVI) Propyl paraben.
(ii) Status prior to reassessment.--Each
substance described in clause (i) shall be
considered to be unsafe, and use of the
substance as a food additive or food ingredient
in a final school meal product purchased after
the date of enactment of this Act shall be
prohibited, until the date on which the
Secretary--
(I) completes a reassessment of the
substance under this paragraph; and
(II) establishes that the substance
is safe for purposes of section 409 of
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348) and this paragraph.
(D) Subsequent assessments.--
(i) In general.--After each substance
described in subparagraph (C)(i) is reassessed
in accordance with this paragraph, the
Secretary shall publish in the Federal Register
a notice requesting information and
recommendations with respect to additional
substances to be reassessed under this
paragraph, including--
(I) the substance name or class
name;
(II) uses of the substance; and
(III) data relating to the actual
and potential hazards and impact on
public health of the substance.
(ii) Priority.--The Secretary shall
prioritize the reassessment under this
subparagraph of any substances contained in or
on final school meal products that have been
found--
(I) to be associated with--
(aa) cancer; or
(bb) reproductive or
developmental toxicity; or
(II) to present other potential
hazards to public health.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Health and Human
Services and the Commissioner such sums as are necessary to
carry out this subsection.
(d) Department of Agriculture.--
(1) Assessment and increase.--
(A) In general.--As soon as practicable after the
effective date of the regulations promulgated pursuant
to subsections (b) and (c), and not less frequently
than once every 5 years thereafter, the Secretary of
Agriculture (referred to in this subsection as the
``Secretary'') shall--
(i) assess the difference between--
(I) the cost of carrying out the
school meal programs under the Richard
B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) in accordance with those
regulations; and
(II) the cost of carrying out those
school meal programs on the date of
enactment of this Act; and
(ii) increase the amounts provided to
schools participating in those school meal
programs as the Secretary determines to be
necessary to account for the difference
described in clause (i).
(B) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as are necessary to carry out this paragraph.
(2) Soil and water remediation methods.--
(A) In general.--The Secretary shall--
(i) partner with land-grant universities
and nonprofit entities with relevant expertise
to carry out research relating to soil and
water remediation to remove heavy metals and
toxic metalloids, PFAS, and other contaminants,
including research on making remediation
methods cheaper to implement and more
effective;
(ii) distribute the results of the research
carried out under clause (i) to farmers, with
priority given to any farmer that--
(I) submitted to the Secretary an
application for certification as a
clean supplier under subsection (c)(4)
of section 29 of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1769j) (as added by section 3(a)); but
(II) did not receive that
certification; and
(iii) conduct research relating to--
(I) the presence of microplastics
and PFAS in soil, water, and food; and
(II) methods to remediate
agricultural soil, water, and food from
microplastics and PFAS.
(B) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$500,000,000 to carry out this paragraph.
SEC. 3. TESTING AND CERTIFICATION OF FOODS, PRODUCERS, AND SUPPLIERS
USED FOR SCHOOL MEAL PROGRAMS.
(a) In General.--Section 29 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769j) is amended by adding at the end the
following:
``(c) Food Contaminant Testing and Certification.--
``(1) Definitions.--In this subsection:
``(A) Certified organic farm.--The term `certified
organic farm' has the meaning given the term in section
2103 of the Organic Foods Production Act of 1990 (7
U.S.C. 6502).
``(B) Heavy metal or toxic metalloid.--The term
`heavy metal or toxic metalloid' means--
``(i) arsenic;
``(ii) cadmium;
``(iii) lead; and
``(iv) mercury.
``(C) Permissible level.--The term `permissible
level' means--
``(i) with respect to a heavy metal or
toxic metalloid, the maximum permissible level
for the heavy metal or toxic metalloid under
subsection (c)(1) of section 2 of the Safe
School Meals Act of 2024; and
``(ii) with respect to a pesticide residue,
the applicable permissible level for the
pesticide residue described in the schedule
under subsection (b)(2) of that section.
``(D) Pesticide residue.--The term `pesticide
residue' means the total quantity of organophosphate,
glyphosate, paraquat, and such other pesticides as the
Commissioner of Food and Drugs may require, based on
evidence of harm received by the Commissioner of Food
and Drugs that, after application to an agricultural
product, remains in or on the agricultural product.
``(E) PFAS.--The term `PFAS' means any member of
the class of fluorinated organic chemicals that
contains at least 1 fully fluorinated carbon atom.
``(F) School meal program.--The term `school meal
program' means any school meal program under--
``(i) this Act; or
``(ii) the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
``(2) Sampling and testing of foods used in school meal
programs.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, and not less
frequently than annually thereafter, the Secretary
shall conduct representative sampling and testing of
foods prepared to be purchased for, and consumed in,
each school meal program--
``(i) to determine the levels of pesticide
residue and heavy metals and toxic metalloids
in or on those foods; and
``(ii) to ensure PFAS, phthalates, lead,
and bisphenols are not used in any packaging of
those foods.
``(B) Requirements.--The samples collected by the
Secretary pursuant to this paragraph shall be collected
from foods that are in their final state prior to
consumption.
``(C) Report.--The Secretary shall make publicly
available a report that describes the results of the
sampling and testing conducted under this paragraph.
``(3) Clean supplier requirement.--Notwithstanding any
other provision of law, effective beginning on the date that is
5 years after the date of enactment of this subsection, for
purposes of the school meal programs--
``(A) subject to paragraph (4)(F)(ii), no
agricultural producer or processed food supplier may
supply food to a school meal program unless the
producer or supplier--
``(i) is certified as a clean supplier in
accordance with paragraph (4) by--
``(I) the Secretary; or
``(II) a third party approved by
the Secretary; or
``(ii) self-certifies that the producer or
supplier--
``(I) conducts testing and meets
the other applicable requirements under
paragraph (4) for certification as a
clean supplier; and
``(II) submits to the Secretary
those test results; and
``(B) each school participating in a school meal
program shall procure food for the school meal program
only from an agricultural producer or processed food
supplier described in subparagraph (A).
``(4) Testing and certification of producers and
suppliers.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, the Secretary
shall, for purposes of this subsection--
``(i) offer testing to agricultural
producers and processed food suppliers who seek
to be certified as clean suppliers;
``(ii) provide for the certification of
those producers and suppliers as clean
suppliers in accordance with this paragraph;
and
``(iii) approve third parties to certify
those producers and suppliers as clean
suppliers in accordance with this paragraph.
``(B) Office of technical assistance.--The
Secretary shall establish within the Department of
Agriculture an office, to be known as the `Office of
Technical Assistance', which shall provide information
and a point of contact (including availability via
telephone) for agricultural producers and processed
food suppliers to receive assistance with the testing
and certification processes under this paragraph.
``(C) Application.--An agricultural producer or
processed food supplier seeking certification as a
clean supplier under this paragraph shall submit to the
Secretary or an approved third-party certifier an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(D) Certification as clean supplier.--
``(i) In general.--An agricultural producer
or processed food supplier shall be certified
as a clean supplier for purposes of this
subsection if annual testing, using validated,
representative sampling and testing models,
demonstrates that--
``(I) the heavy metals and toxic
metalloids and pesticide residues in or
on the food products sold by the
agricultural producer or processed food
supplier are within the permissible
levels; and
``(II) the packaging of the food
products sold by the agricultural
producer or processed food supplier
does not use any PFAS, phthalates,
lead, or bisphenols.
``(ii) Requirements and procedures.--
Subject to subparagraph (F), the Secretary may
establish such requirements and procedures as
the Secretary determines to be appropriate
for--
``(I) testing the food products of
agricultural producers and processed
food suppliers under clause (i); and
``(II) certifying agricultural
producers and processed food suppliers
as clean suppliers for purposes of this
subsection.
``(E) Cost.--A small agricultural producer or small
processed food supplier, as determined by the
Secretary, shall not be responsible for any costs
relating to certification under this paragraph.
``(F) Certification and treatment of certified
organic farms.--
``(i) Certification.--A certified organic
farm--
``(I) shall not be required to
submit to testing under this paragraph
with respect to pesticide residue; and
``(II) may be certified as a clean
supplier for purposes of this
subsection on--
``(aa) demonstration that--
``(AA) the quantity
of heavy metals and
toxic metalloids in or
on the food products
sold by the certified
organic farm is within
permissible levels; and
``(BB) the
packaging of the food
products sold by the
certified organic farm
does not use any PFAS,
phthalates, lead, or
bisphenols; and
``(bb) submission of an
application under subparagraph
(C).
``(ii) Service pending certification.--
``(I) Definition of pending school
year.--In this clause, the term
`pending school year', with respect to
a certified organic farm, means a
school year during which the certified
organic farm--
``(aa) failed to achieve
certification as a clean
supplier under clause (i)(II);
but
``(bb) has submitted, or
intends to submit, to the
Secretary an application under
subparagraph (C) for
certification as a clean
supplier under clause (i)(II)
for the following school year.
``(II) Treatment.--For purposes of
paragraph (3), a certified organic farm
may supply food to a school meal
program for not more than 1 pending
school year, if the certified organic
farm supplied food to a school meal
program during the preceding school
year.
``(III) Limitation.--A certified
organic farm the application described
in subclause (I)(bb) of which is
disapproved may not supply food to a
school meal program during the period--
``(aa) beginning on the
first day of the first school
year beginning after the date
of disapproval; and
``(bb) ending on the date
on which an application of the
certified organic farm under
subparagraph (C) is approved.
``(5) Grant program.--
``(A) Establishment.--The Secretary shall establish
a program under which the Secretary shall provide
grants to agricultural producers, processed food
suppliers, and schools--
``(i) in the case of agricultural
producers, to assist with reducing heavy metals
and toxic metalloids and pesticide residues in
food;
``(ii) in the case of processed food
suppliers, to assist with eliminating PFAS,
phthalates, lead, or bisphenols from food
packaging or other heavy metal or toxic
metalloid contamination from the processing
process;
``(iii) in the case of schools, to
purchase--
``(I) reusable or compostable food
serving utensils (including trays) that
do not contain or release unsafe
substances during the full lifecycle;
and
``(II) dishwashing equipment to
support the use of such reusable food
serving utensils; and
``(iv) to carry out any other activity
described in subparagraph (D), as applicable.
``(B) Application.--To be eligible to receive a
grant under this paragraph, an agricultural producer or
processed food supplier shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary may
require.
``(C) Automatic eligibility.--On submission of an
application under subparagraph (B), an agricultural
producer shall be automatically eligible to receive a
grant under this paragraph if--
``(i)(I) the agricultural producer is a
certified organic farm; or
``(II) the food products of the
agricultural producer are within permissible
levels for pesticide residues; but
``(ii) the food products of the
agricultural producer are not within
permissible levels for heavy metals or toxic
metalloids.
``(D) Use of grants.--
``(i) Agricultural producers.--An
agricultural producer may use a grant provided
under this paragraph for--
``(I) soil remediation;
``(II) elevation of beds;
``(III) water quality or soil
testing;
``(IV) a project--
``(aa) to reduce or
eliminate pesticide drift or
other contamination sources
from neighboring land; or
``(bb) to filter or
eliminate contaminants from a
water source; and
``(V) any other project that the
Secretary determines will sustainably
reduce or remove the risk of heavy
metals and toxic metalloids or PFAS,
phthalate, lead, or bisphenol
contamination in the food products of
the agricultural producer.
``(ii) Manufacturers.--A processed food
supplier may use a grant provided under this
paragraph to change their manufacturing and
processing equipment--
``(I) to switch to PFAS-,
phthalate-, lead-, and bisphenol-free
packaging; or
``(II) to otherwise eliminate heavy
metal or toxic metalloid contamination
from the processing of the processed
food supplier.
``(iii) Schools.--A school may use a grant
provided under this paragraph to purchase--
``(I) reusable or compostable food
serving utensils (including trays) that
do not release unsafe substances during
the full lifecycle for use in lieu of
utensils or trays that are not reusable
or compostable, or that release unsafe
substances; and
``(II) dishwashing equipment to
support the use of such reusable food
serving utensils.
``(E) Funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use such sums
as are necessary to carry out the grant program under
this paragraph.
``(6) Enforcement and compliance.--
``(A) Identification.--If, pursuant to testing
under paragraph (2), the Secretary determines that a
food used in a school meal program contains a quantity
of heavy metal or toxic metalloid, or pesticide
residue, that is not within the permissible levels, or
is packaged in packaging that uses PFAS, phthalates,
lead, or bisphenols, the Secretary shall identify the
agricultural producer or processed food supplier from
which the contamination originated.
``(B) Penalty.--
``(i) Certified clean suppliers.--If an
agricultural producer or processed food
supplier identified under subparagraph (A) is
certified as a clean supplier for purposes of
this subsection--
``(I) the producer or supplier
shall be subject to a fine in such
amount as the Secretary may establish;
and
``(II) for the 3 school-year period
beginning on the date of
identification--
``(aa) the certification of
the producer or supplier under
paragraph (4) shall be revoked;
and
``(bb) the producer or
supplier shall be prohibited
from supplying any food for use
in a school meal program.
``(ii) Third-party certifiers.--If an
agricultural producer or processed food
supplier identified under subparagraph (A) was
certified as a clean supplier for purposes of
this subsection by a third party approved by
the Secretary under paragraph (4)(A)(iii)--
``(I) the producer or supplier
shall be subject to the fine and other
penalties described in clause (i); and
``(II) as the Secretary determines
to be appropriate--
``(aa) the certifying third
party shall be subject to a
fine in such amount as the
Secretary may establish; and
``(bb) the approval of the
third party to certify clean
suppliers for purposes of this
subsection may be revoked.
``(iii) Self-certified producers and
suppliers.--If an agricultural producer or
processed food supplier identified under
subparagraph (A) is self-certified as described
in paragraph (3)(A)(ii), the producer or
supplier shall be--
``(I) subject to a fine in such
amount as the Secretary may establish;
and
``(II) prohibited from supplying
any food for use in a school meal
program during the 3 school-year period
beginning on the date of
identification.
``(7) Coordination required.--In conducting any testing or
certification activity under this subsection, the Secretary
shall ensure coordination, to the maximum extent practicable,
with similar activities carried out by the Secretary of Health
and Human Services under--
``(A) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); or
``(B) the FDA Food Safety Modernization Act (Public
Law 111-353; 124 Stat. 3885) (including the amendments
made by that Act).
``(8) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection, other than paragraph
(5).''.
(b) National Organic Certification Cost-share Program.--Section
10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
6523) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``not more than
75'' and inserting ``up to 100''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Maximum amount.--
``(A) In general.--Subject to subparagraph (B), the
maximum amount of a payment made to a producer or
handler under this section shall be $3,000.
``(B) Adjustment.--Not later than October 1, 2029,
and every 5 years thereafter, the Secretary shall
adjust the maximum amount described in subparagraph (A)
to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor for the preceding
5 fiscal-year period.'';
(2) in subsection (c)--
(A) by striking ``program during'' and inserting
``program under this section during''; and
(B) by striking ``fiscal year,'' and inserting
``fiscal years,''; and
(3) by striking subsection (d) and inserting the following:
``(d) Mandatory Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use such sums as are necessary to
carry out this section, to remain available until expended.''.
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