H.R.1551 - Safe School Food Act of 2003108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Rep. Schakowsky, Janice D. [D-IL-9] (Introduced 04/01/2003) |
|---|---|
| Committees: | House - Education and the Workforce |
| Latest Action: | House - 05/02/2003 Referred to the Subcommittee on Education Reform. (All Actions) |
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Text: H.R.1551 — 108th Congress (2003-2004)All Information (Except Text)
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Introduced in House (04/01/2003)
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 1551 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1551
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 HOUSE OF REPRESENTATIVES
April 1, 2003
Ms. Schakowsky (for herself and Ms. DeLauro) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
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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