II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe School Meals Act 

5 of 2024’’. 

6 SEC. 2. REGULATIONS RELATING TO CERTAIN SUBSTANCES 

7 IN FINAL SCHOOL MEAL PRODUCTS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) COMMISSIONER.—The term ‘‘Commis5 sioner’’ means the Commissioner of Food and 

6 Drugs. 

7 (3) FINAL SCHOOL MEAL PRODUCT.—The term 

8 ‘‘final school meal product’’ means a food in the 

9 form in which the food would be consumed by stu10 dents at schools participating in 1 or more school 

11 meal programs under— 

12 (A) the Richard B. Russell National School 

13 Lunch Act (42 U.S.C. 1751 et seq.); or 

14 (B) the Child Nutrition Act of 1966 (42 

15 U.S.C. 1771 et seq.). 

16 (4) HEAVY METAL OR TOXIC METALLOID.—The 

17 term ‘‘heavy metal or toxic metalloid’’ means— 

18 (A) arsenic; 

19 (B) cadmium; 

20 (C) lead; and 

21 (D) mercury. 

22 (5) PESTICIDE RESIDUE.—The term ‘‘pesticide 

23 residue’’ means the total quantity of 

24 organophosphate, glyphosate, paraquat, and such 

25 other pesticides as the Commissioner may require, 


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1 based on evidence of harm received by the Commis2 sioner that, after application to an agricultural prod3 uct, remains in or on the agricultural product. 

4 (6) PFAS.—The term ‘‘PFAS’’ means any 

5 member of the class of fluorinated organic chemicals 

6 that contains at least 1 fully fluorinated carbon 

7 atom. 

8 (b) ENVIRONMENTAL PROTECTION AGENCY.— 

9 (1) IN GENERAL.—Not later than 5 years after 

10 the date of enactment of this Act, the level of pes11 ticide residue found in or on final school meal prod12 ucts shall be nondetectable when using the most sen13 sitive commercially available test. 

14 (2) PHASE-IN.—Not later than 1 year after the 

15 date of enactment of this Act, the Administrator 

16 shall promulgate a final rule that establishes a 

17 schedule for decreasing the level of pesticide residue 

18 found in or on final school meal products to ensure 

19 the level described in paragraph (1) is achieved by 

20 the date described in that paragraph. 

21 (3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the Ad23 ministrator such sums as are necessary to carry out 

24 this subsection. 

25 (c) FOOD AND DRUG ADMINISTRATION.— 


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1 (1) HEAVY METALS AND TOXIC METALLOIDS.— 

2 (A) IN GENERAL.—Not later than 2 years 

3 after the date of enactment of this Act, the 

4 Commissioner shall promulgate a final rule that 

5 establishes, for each heavy metal and toxic 

6 metalloid, a maximum permissible level found in 

7 or on final school meal products that poses a 

8 reasonable certainty of no harm to school-age 

9 children from aggregate exposure, including all 

10 anticipated dietary exposures. 

11 (B) REQUIREMENTS.— 

12 (i) FACTORS FOR CONSIDERATION.— 

13 The rule under subparagraph (A) shall 

14 take into consideration the factors de15 scribed in section 409(c)(5) of the Federal 

16 Food, Drug, and Cosmetic Act (21 U.S.C. 

17 348(c)(5)). 

18 (ii) IMPLEMENTATION PERIOD.—The 

19 maximum permissible levels established 

20 under the rule under subparagraph (A) 

21 shall be implemented in phases during the 

22 5-year period beginning on the date of pro23 mulgation of the rule. 

24 (C) ABSENCE OF REGULATION.—If a max25 imum permissible level is not established pursuVerDate Sep 11 2014 15:42 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5084.IS S5084

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1 ant to subparagraph (A) with respect to a 

2 heavy metal or toxic metalloid by the date that 

3 is 2 years after the date of enactment of this 

4 Act, the maximum permissible level for that 

5 heavy metal or toxic metalloid shall be non6 detectable when using the most sensitive com7 mercially available test until a maximum per8 missible level is established by the Commis9 sioner in accordance with this paragraph. 

10 (D) REVIEW.—Not less frequently than 

11 once every 5 years, the Commissioner shall— 

12 (i) review relevant data; and 

13 (ii) determine potential adjustments 

14 to the maximum permissible levels of heavy 

15 metals and toxic metalloids established 

16 under this paragraph. 

17 (2) PACKAGING.—The Commissioner shall pro18 hibit the use of PFAS, phthalates, lead, and 

19 bisphenols in product packaging of final school meal 

20 products. 

21 (3) CERTAIN FOOD CHEMICALS.— 

22 (A) REASSESSMENTS.—Not later than 5 

23 years after the date of enactment of this Act, 

24 and not less frequently than once every 5 years 

25 thereafter, the Secretary of Health and Human 


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1 Services, acting through the Commissioner (re2 ferred to in this paragraph as the ‘‘Secretary’’), 

3 shall— 

4 (i) subject to subparagraphs (C) and 

5 (D), reassess the safety of not fewer than 

6 10 food additives, substances generally rec7 ognized as safe, or classes of those sub8 stances found in or on final school meal 

9 products; and 

10 (ii) promulgate final regulations 

11 that— 

12 (I) establish conditions of use for 

13 each substance determined to be safe 

14 (within the meaning of section 409 of 

15 the Federal Food, Drug, and Cos16 metic Act (21 U.S.C. 348) and this 

17 paragraph); and 

18 (II) determine to be unsafe any 

19 substance that has been found, when 

20 ingested by humans or animals, to in21 duce— 

22 (aa) reproductive, develop23 mental, or endocrine toxicity; or 

24 (bb) cancer. 


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1 (B) FACTORS FOR CONSIDERATION.—In 

2 determining, for the purposes of this para3 graph, whether a substance is unsafe, the Sec4 retary shall take into consideration, among 

5 other relevant factors— 

6 (i) the cumulative effects of the sub7 stance, and any chemically or biologically 

8 related substances, as described in section 

9 409 of the Federal Food, Drug, and Cos10 metic Act (21 U.S.C. 348); and 

11 (ii) an adequately protective use of 

12 safety factors, as described in that section, 

13 to account for the particular sensitivities of 

14 vulnerable human populations, including 

15 children and adolescents. 

16 (C) SUBSTANCES INITIALLY SUBJECT TO

17 REASSESSMENT.— 

18 (i) IN GENERAL.—The substances ini19 tially reassessed by the Secretary under 

20 subparagraph (A) shall be the following: 

21 (I) Butylated hydroxyanisole. 

22 (II) Butylated hydroxytoluene. 

23 (III) Tert-butylhydroquinone. 

24 (IV) Sodium benzoate. 

25 (V) Propyl gallate. 


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1 (VI) Titanium dioxide. 

2 (VII) FD&C Red 3. 

3 (VIII) FD&C Red 40. 

4 (IX) FD&C Yellow 5. 

5 (X) FD&C Yellow 6. 

6 (XI) FD&C Green 3. 

7 (XII) FD&C Blue 1. 

8 (XIII) FD&C Blue 2. 

9 (XIV) Azodicarbonamide. 

10 (XV) Potassium bromate. 

11 (XVI) Propyl paraben. 

12 (ii) STATUS PRIOR TO REASSESS13 MENT.—Each substance described in 

14 clause (i) shall be considered to be unsafe, 

15 and use of the substance as a food additive 

16 or food ingredient in a final school meal 

17 product purchased after the date of enact18 ment of this Act shall be prohibited, until 

19 the date on which the Secretary— 

20 (I) completes a reassessment of 

21 the substance under this paragraph; 

22 and 

23 (II) establishes that the sub24 stance is safe for purposes of section 

25 409 of the Federal Food, Drug, and 


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1 Cosmetic Act (21 U.S.C. 348) and 

2 this paragraph. 

3 (D) SUBSEQUENT ASSESSMENTS.— 

4 (i) IN GENERAL.—After each sub5 stance described in subparagraph (C)(i) is 

6 reassessed in accordance with this para7 graph, the Secretary shall publish in the 

8 Federal Register a notice requesting infor9 mation and recommendations with respect 

10 to additional substances to be reassessed 

11 under this paragraph, including— 

12 (I) the substance name or class 

13 name; 

14 (II) uses of the substance; and 

15 (III) data relating to the actual 

16 and potential hazards and impact on 

17 public health of the substance. 

18 (ii) PRIORITY.—The Secretary shall 

19 prioritize the reassessment under this sub20 paragraph of any substances contained in 

21 or on final school meal products that have 

22 been found— 

23 (I) to be associated with— 

24 (aa) cancer; or 


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1 (bb) reproductive or develop2 mental toxicity; or 

3 (II) to present other potential 

4 hazards to public health. 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to the Sec7 retary of Health and Human Services and the Com8 missioner such sums as are necessary to carry out 

9 this subsection. 

10 (d) DEPARTMENT OF AGRICULTURE.— 

11 (1) ASSESSMENT AND INCREASE.— 

12 (A) IN GENERAL.—As soon as practicable 

13 after the effective date of the regulations pro14 mulgated pursuant to subsections (b) and (c), 

15 and not less frequently than once every 5 years 

16 thereafter, the Secretary of Agriculture (re17 ferred to in this subsection as the ‘‘Secretary’’) 

18 shall— 

19 (i) assess the difference between— 

20 (I) the cost of carrying out the 

21 school meal programs under the Rich22 ard B. Russell National School Lunch 

23 Act (42 U.S.C. 1751 et seq.) and the 

24 Child Nutrition Act of 1966 (42 


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1 U.S.C. 1771 et seq.) in accordance 

2 with those regulations; and 

3 (II) the cost of carrying out 

4 those school meal programs on the 

5 date of enactment of this Act; and 

6 (ii) increase the amounts provided to 

7 schools participating in those school meal 

8 programs as the Secretary determines to 

9 be necessary to account for the difference 

10 described in clause (i). 

11 (B) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appro13 priated to the Secretary such sums as are nec14 essary to carry out this paragraph. 

15 (2) SOIL AND WATER REMEDIATION METH16 ODS.— 

17 (A) IN GENERAL.—The Secretary shall— 

18 (i) partner with land-grant univer19 sities and nonprofit entities with relevant 

20 expertise to carry out research relating to 

21 soil and water remediation to remove heavy 

22 metals and toxic metalloids, PFAS, and 

23 other contaminants, including research on 

24 making remediation methods cheaper to 

25 implement and more effective; 


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1 (ii) distribute the results of the re2 search carried out under clause (i) to 

3 farmers, with priority given to any farmer 

4 that— 

5 (I) submitted to the Secretary an 

6 application for certification as a clean 

7 supplier under subsection (c)(4) of 

8 section 29 of the Richard B. Russell 

9 National School Lunch Act (42 

10 U.S.C. 1769j) (as added by section 

11 3(a)); but 

12 (II) did not receive that certifi13 cation; and 

14 (iii) conduct research relating to— 

15 (I) the presence of microplastics 

16 and PFAS in soil, water, and food; 

17 and 

18 (II) methods to remediate agri19 cultural soil, water, and food from 

20 microplastics and PFAS. 

21 (B) AUTHORIZATION OF APPROPRIA22 TIONS.—There is authorized to be appropriated 

23 to the Secretary $500,000,000 to carry out this 

24 paragraph. 


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1 SEC. 3. TESTING AND CERTIFICATION OF FOODS, PRO2 DUCERS, AND SUPPLIERS USED FOR SCHOOL 

3 MEAL PROGRAMS. 

4 (a) IN GENERAL.—Section 29 of the Richard B. Rus5 sell National School Lunch Act (42 U.S.C. 1769j) is 

6 amended by adding at the end the following: 

7 ‘‘(c) FOOD CONTAMINANT TESTING AND CERTIFI8 CATION.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) CERTIFIED ORGANIC FARM.—The 

11 term ‘certified organic farm’ has the meaning 

12 given the term in section 2103 of the Organic 

13 Foods Production Act of 1990 (7 U.S.C. 6502). 

14 ‘‘(B) HEAVY METAL OR TOXIC

15 METALLOID.—The term ‘heavy metal or toxic 

16 metalloid’ means— 

17 ‘‘(i) arsenic; 

18 ‘‘(ii) cadmium; 

19 ‘‘(iii) lead; and 

20 ‘‘(iv) mercury. 

21 ‘‘(C) PERMISSIBLE LEVEL.—The term 

22 ‘permissible level’ means— 

23 ‘‘(i) with respect to a heavy metal or 

24 toxic metalloid, the maximum permissible 

25 level for the heavy metal or toxic metalloid 


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1 under subsection (c)(1) of section 2 of the 

2 Safe School Meals Act of 2024; and 

3 ‘‘(ii) with respect to a pesticide res4 idue, the applicable permissible level for 

5 the pesticide residue described in the 

6 schedule under subsection (b)(2) of that 

7 section. 

8 ‘‘(D) PESTICIDE RESIDUE.—The term 

9 ‘pesticide residue’ means the total quantity of 

10 organophosphate, glyphosate, paraquat, and 

11 such other pesticides as the Commissioner of 

12 Food and Drugs may require, based on evi13 dence of harm received by the Commissioner of 

14 Food and Drugs that, after application to an 

15 agricultural product, remains in or on the agri16 cultural product. 

17 ‘‘(E) PFAS.—The term ‘PFAS’ means 

18 any member of the class of fluorinated organic 

19 chemicals that contains at least 1 fully 

20 fluorinated carbon atom. 

21 ‘‘(F) SCHOOL MEAL PROGRAM.—The term 

22 ‘school meal program’ means any school meal 

23 program under— 

24 ‘‘(i) this Act; or 


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1 ‘‘(ii) the Child Nutrition Act of 1966 

2 (42 U.S.C. 1771 et seq.). 

3 ‘‘(2) SAMPLING AND TESTING OF FOODS USED

4 IN SCHOOL MEAL PROGRAMS.— 

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of this subsection, 

7 and not less frequently than annually there8 after, the Secretary shall conduct representative 

9 sampling and testing of foods prepared to be 

10 purchased for, and consumed in, each school 

11 meal program— 

12 ‘‘(i) to determine the levels of pes13 ticide residue and heavy metals and toxic 

14 metalloids in or on those foods; and 

15 ‘‘(ii) to ensure PFAS, phthalates, 

16 lead, and bisphenols are not used in any 

17 packaging of those foods. 

18 ‘‘(B) REQUIREMENTS.—The samples col19 lected by the Secretary pursuant to this para20 graph shall be collected from foods that are in 

21 their final state prior to consumption. 

22 ‘‘(C) REPORT.—The Secretary shall make 

23 publicly available a report that describes the re24 sults of the sampling and testing conducted 

25 under this paragraph. 


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1 ‘‘(3) CLEAN SUPPLIER REQUIREMENT.—Not2 withstanding any other provision of law, effective be3 ginning on the date that is 5 years after the date 

4 of enactment of this subsection, for purposes of the 

5 school meal programs— 

6 ‘‘(A) subject to paragraph (4)(F)(ii), no 

7 agricultural producer or processed food supplier 

8 may supply food to a school meal program un9 less the producer or supplier— 

10 ‘‘(i) is certified as a clean supplier in 

11 accordance with paragraph (4) by— 

12 ‘‘(I) the Secretary; or 

13 ‘‘(II) a third party approved by 

14 the Secretary; or 

15 ‘‘(ii) self-certifies that the producer or 

16 supplier— 

17 ‘‘(I) conducts testing and meets 

18 the other applicable requirements 

19 under paragraph (4) for certification 

20 as a clean supplier; and 

21 ‘‘(II) submits to the Secretary 

22 those test results; and 

23 ‘‘(B) each school participating in a school 

24 meal program shall procure food for the school 

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1 ducer or processed food supplier described in 

2 subparagraph (A). 

3 ‘‘(4) TESTING AND CERTIFICATION OF PRO4 DUCERS AND SUPPLIERS.— 

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of this subsection, 

7 the Secretary shall, for purposes of this sub8 section— 

9 ‘‘(i) offer testing to agricultural pro10 ducers and processed food suppliers who 

11 seek to be certified as clean suppliers; 

12 ‘‘(ii) provide for the certification of 

13 those producers and suppliers as clean sup14 pliers in accordance with this paragraph; 

15 and 

16 ‘‘(iii) approve third parties to certify 

17 those producers and suppliers as clean sup18 pliers in accordance with this paragraph. 

19 ‘‘(B) OFFICE OF TECHNICAL ASSIST20 ANCE.—The Secretary shall establish within the 

21 Department of Agriculture an office, to be 

22 known as the ‘Office of Technical Assistance’, 

23 which shall provide information and a point of 

24 contact (including availability via telephone) for 

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1 pliers to receive assistance with the testing and 

2 certification processes under this paragraph. 

3 ‘‘(C) APPLICATION.—An agricultural pro4 ducer or processed food supplier seeking certifi5 cation as a clean supplier under this paragraph 

6 shall submit to the Secretary or an approved 

7 third-party certifier an application at such time, 

8 in such manner, and containing such informa9 tion as the Secretary may require. 

10 ‘‘(D) CERTIFICATION AS CLEAN SUP11 PLIER.— 

12 ‘‘(i) IN GENERAL.—An agricultural 

13 producer or processed food supplier shall 

14 be certified as a clean supplier for pur15 poses of this subsection if annual testing, 

16 using validated, representative sampling 

17 and testing models, demonstrates that— 

18 ‘‘(I) the heavy metals and toxic 

19 metalloids and pesticide residues in or 

20 on the food products sold by the agri21 cultural producer or processed food 

22 supplier are within the permissible 

23 levels; and 

24 ‘‘(II) the packaging of the food 

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1 ducer or processed food supplier does 

2 not use any PFAS, phthalates, lead, 

3 or bisphenols. 

4 ‘‘(ii) REQUIREMENTS AND PROCE5 DURES.—Subject to subparagraph (F), the 

6 Secretary may establish such requirements 

7 and procedures as the Secretary deter8 mines to be appropriate for— 

9 ‘‘(I) testing the food products of 

10 agricultural producers and processed 

11 food suppliers under clause (i); and 

12 ‘‘(II) certifying agricultural pro13 ducers and processed food suppliers as 

14 clean suppliers for purposes of this 

15 subsection. 

16 ‘‘(E) COST.—A small agricultural producer 

17 or small processed food supplier, as determined 

18 by the Secretary, shall not be responsible for 

19 any costs relating to certification under this 

20 paragraph. 

21 ‘‘(F) CERTIFICATION AND TREATMENT OF

22 CERTIFIED ORGANIC FARMS.— 

23 ‘‘(i) CERTIFICATION.—A certified or24 ganic farm— 


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1 ‘‘(I) shall not be required to sub2 mit to testing under this paragraph 

3 with respect to pesticide residue; and 

4 ‘‘(II) may be certified as a clean 

5 supplier for purposes of this sub6 section on— 

7 ‘‘(aa) demonstration that— 

8 ‘‘(AA) the quantity of 

9 heavy metals and toxic 

10 metalloids in or on the food 

11 products sold by the cer12 tified organic farm is within 

13 permissible levels; and 

14 ‘‘(BB) the packaging of 

15 the food products sold by 

16 the certified organic farm 

17 does not use any PFAS, 

18 phthalates, lead, or 

19 bisphenols; and 

20 ‘‘(bb) submission of an ap21 plication under subparagraph 

22 (C). 

23 ‘‘(ii) SERVICE PENDING CERTIFI24 CATION.— 


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1 ‘‘(I) DEFINITION OF PENDING

2 SCHOOL YEAR.—In this clause, the 

3 term ‘pending school year’, with re4 spect to a certified organic farm, 

5 means a school year during which the 

6 certified organic farm— 

7 ‘‘(aa) failed to achieve cer8 tification as a clean supplier 

9 under clause (i)(II); but 

10 ‘‘(bb) has submitted, or in11 tends to submit, to the Secretary 

12 an application under subpara13 graph (C) for certification as a 

14 clean supplier under clause (i)(II) 

15 for the following school year. 

16 ‘‘(II) TREATMENT.—For pur17 poses of paragraph (3), a certified or18 ganic farm may supply food to a 

19 school meal program for not more 

20 than 1 pending school year, if the cer21 tified organic farm supplied food to a 

22 school meal program during the pre23 ceding school year. 

24 ‘‘(III) LIMITATION.—A certified 

25 organic farm the application described 


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1 in subclause (I)(bb) of which is dis2 approved may not supply food to a 

3 school meal program during the pe4 riod— 

5 ‘‘(aa) beginning on the first 

6 day of the first school year begin7 ning after the date of dis8 approval; and 

9 ‘‘(bb) ending on the date on 

10 which an application of the cer11 tified organic farm under sub12 paragraph (C) is approved. 

13 ‘‘(5) GRANT PROGRAM.— 

14 ‘‘(A) ESTABLISHMENT.—The Secretary 

15 shall establish a program under which the Sec16 retary shall provide grants to agricultural pro17 ducers, processed food suppliers, and schools— 

18 ‘‘(i) in the case of agricultural pro19 ducers, to assist with reducing heavy met20 als and toxic metalloids and pesticide resi21 dues in food; 

22 ‘‘(ii) in the case of processed food 

23 suppliers, to assist with eliminating PFAS, 

24 phthalates, lead, or bisphenols from food 

25 packaging or other heavy metal or toxic 


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1 metalloid contamination from the proc2 essing process; 

3 ‘‘(iii) in the case of schools, to pur4 chase— 

5 ‘‘(I) reusable or compostable food 

6 serving utensils (including trays) that 

7 do not contain or release unsafe sub8 stances during the full lifecycle; and 

9 ‘‘(II) dishwashing equipment to 

10 support the use of such reusable food 

11 serving utensils; and 

12 ‘‘(iv) to carry out any other activity 

13 described in subparagraph (D), as applica14 ble. 

15 ‘‘(B) APPLICATION.—To be eligible to re16 ceive a grant under this paragraph, an agricul17 tural producer or processed food supplier shall 

18 submit to the Secretary an application at such 

19 time, in such manner, and containing such in20 formation as the Secretary may require. 

21 ‘‘(C) AUTOMATIC ELIGIBILITY.—On sub22 mission of an application under subparagraph 

23 (B), an agricultural producer shall be automati24 cally eligible to receive a grant under this para25 graph if— 


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1 ‘‘(i)(I) the agricultural producer is a 

2 certified organic farm; or 

3 ‘‘(II) the food products of the agricul4 tural producer are within permissible levels 

5 for pesticide residues; but 

6 ‘‘(ii) the food products of the agricul7 tural producer are not within permissible 

8 levels for heavy metals or toxic metalloids. 

9 ‘‘(D) USE OF GRANTS.— 

10 ‘‘(i) AGRICULTURAL PRODUCERS.—An 

11 agricultural producer may use a grant pro12 vided under this paragraph for— 

13 ‘‘(I) soil remediation; 

14 ‘‘(II) elevation of beds; 

15 ‘‘(III) water quality or soil test16 ing; 

17 ‘‘(IV) a project— 

18 ‘‘(aa) to reduce or eliminate 

19 pesticide drift or other contami20 nation sources from neighboring 

21 land; or 

22 ‘‘(bb) to filter or eliminate 

23 contaminants from a water 

24 source; and 


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1 ‘‘(V) any other project that the 

2 Secretary determines will sustainably 

3 reduce or remove the risk of heavy 

4 metals and toxic metalloids or PFAS, 

5 phthalate, lead, or bisphenol contami6 nation in the food products of the ag7 ricultural producer. 

8 ‘‘(ii) MANUFACTURERS.—A processed 

9 food supplier may use a grant provided 

10 under this paragraph to change their man11 ufacturing and processing equipment— 

12 ‘‘(I) to switch to PFAS-, phthal13 ate-, lead-, and bisphenol-free pack14 aging; or 

15 ‘‘(II) to otherwise eliminate 

16 heavy metal or toxic metalloid con17 tamination from the processing of the 

18 processed food supplier. 

19 ‘‘(iii) SCHOOLS.—A school may use a 

20 grant provided under this paragraph to 

21 purchase— 

22 ‘‘(I) reusable or compostable food 

23 serving utensils (including trays) that 

24 do not release unsafe substances dur25 ing the full lifecycle for use in lieu of 


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1 utensils or trays that are not reusable 

2 or compostable, or that release unsafe 

3 substances; and 

4 ‘‘(II) dishwashing equipment to 

5 support the use of such reusable food 

6 serving utensils. 

7 ‘‘(E) FUNDING.—Of the funds of the Com8 modity Credit Corporation, the Secretary shall 

9 use such sums as are necessary to carry out the 

10 grant program under this paragraph. 

11 ‘‘(6) ENFORCEMENT AND COMPLIANCE.— 

12 ‘‘(A) IDENTIFICATION.—If, pursuant to 

13 testing under paragraph (2), the Secretary de14 termines that a food used in a school meal pro15 gram contains a quantity of heavy metal or 

16 toxic metalloid, or pesticide residue, that is not 

17 within the permissible levels, or is packaged in 

18 packaging that uses PFAS, phthalates, lead, or 

19 bisphenols, the Secretary shall identify the agri20 cultural producer or processed food supplier 

21 from which the contamination originated. 

22 ‘‘(B) PENALTY.— 

23 ‘‘(i) CERTIFIED CLEAN SUPPLIERS.— 

24 If an agricultural producer or processed 

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1 graph (A) is certified as a clean supplier 

2 for purposes of this subsection— 

3 ‘‘(I) the producer or supplier 

4 shall be subject to a fine in such 

5 amount as the Secretary may estab6 lish; and 

7 ‘‘(II) for the 3 school-year period 

8 beginning on the date of identifica9 tion— 

10 ‘‘(aa) the certification of the 

11 producer or supplier under para12 graph (4) shall be revoked; and 

13 ‘‘(bb) the producer or sup14 plier shall be prohibited from 

15 supplying any food for use in a 

16 school meal program. 

17 ‘‘(ii) THIRD-PARTY CERTIFIERS.—If 

18 an agricultural producer or processed food 

19 supplier identified under subparagraph (A) 

20 was certified as a clean supplier for pur21 poses of this subsection by a third party 

22 approved by the Secretary under para23 graph (4)(A)(iii)— 


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1 ‘‘(I) the producer or supplier 

2 shall be subject to the fine and other 

3 penalties described in clause (i); and 

4 ‘‘(II) as the Secretary determines 

5 to be appropriate— 

6 ‘‘(aa) the certifying third 

7 party shall be subject to a fine in 

8 such amount as the Secretary 

9 may establish; and 

10 ‘‘(bb) the approval of the 

11 third party to certify clean sup12 pliers for purposes of this sub13 section may be revoked. 

14 ‘‘(iii) SELF-CERTIFIED PRODUCERS

15 AND SUPPLIERS.—If an agricultural pro16 ducer or processed food supplier identified 

17 under subparagraph (A) is self-certified as 

18 described in paragraph (3)(A)(ii), the pro19 ducer or supplier shall be— 

20 ‘‘(I) subject to a fine in such 

21 amount as the Secretary may estab22 lish; and 

23 ‘‘(II) prohibited from supplying 

24 any food for use in a school meal pro25 gram during the 3 school-year period 


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1 beginning on the date of identifica2 tion. 

3 ‘‘(7) COORDINATION REQUIRED.—In conducting 

4 any testing or certification activity under this sub5 section, the Secretary shall ensure coordination, to 

6 the maximum extent practicable, with similar activi7 ties carried out by the Secretary of Health and 

8 Human Services under— 

9 ‘‘(A) the Federal Food, Drug, and Cos10 metic Act (21 U.S.C. 301 et seq.); or 

11 ‘‘(B) the FDA Food Safety Modernization 

12 Act (Public Law 111–353; 124 Stat. 3885) (in13 cluding the amendments made by that Act). 

14 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the Sec16 retary such sums as are necessary to carry out this 

17 subsection, other than paragraph (5).’’. 

18 (b) NATIONAL ORGANIC CERTIFICATION COST19 SHARE PROGRAM.—Section 10606 of the Farm Security 

20 and Rural Investment Act of 2002 (7 U.S.C. 6523) is 

21 amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1), by striking ‘‘not 

24 more than 75’’ and inserting ‘‘up to 100’’; and 


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1 (B) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) MAXIMUM AMOUNT.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the maximum amount of a payment 

6 made to a producer or handler under this sec7 tion shall be $3,000. 

8 ‘‘(B) ADJUSTMENT.—Not later than Octo9 ber 1, 2029, and every 5 years thereafter, the 

10 Secretary shall adjust the maximum amount de11 scribed in subparagraph (A) to reflect changes 

12 in the Consumer Price Index for All Urban 

13 Consumers published by the Bureau of Labor 

14 Statistics of the Department of Labor for the 

15 preceding 5 fiscal-year period.’’; 

16 (2) in subsection (c)— 

17 (A) by striking ‘‘program during’’ and in18 serting ‘‘program under this section during’’; 

19 and 

20 (B) by striking ‘‘fiscal year,’’ and inserting 

21 ‘‘fiscal years,’’; and 

22 (3) by striking subsection (d) and inserting the 

23 following: 

24 ‘‘(d) MANDATORY FUNDING.—Of the funds of the 

25 Commodity Credit Corporation, the Secretary shall use 


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1 such sums as are necessary to carry out this section, to 

2 remain available until expended.’’. 

Æ 


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