I 
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 Representa-
tives 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 pro-
gram 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 es-
timated 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 per-
cent 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 extend-
ing the standards, to the maximum extent prac-
ticable, to foods purchased by schools; 
(B) preparing and implementing plans to 
prevent identified food safety risks in the prepa-
ration of school meals; and 
(C) improving food safety training, infor-
mation 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 fol-
lowing: 
‘‘(B) post the report on the most recent in-
spection in a publicly visible location; and 
‘‘(C) make the report available to the pub-
lic on request.’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) STATE AND LOCAL GOVERNMENT INSPEC-
TIONS.—Nothing in paragraph (1) prevents any 
State or local government from adopting or enforc-
ing 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 Sec-
retary a report on the food safety inspections of 
schools conducted under paragraphs (1) and (2).
‘‘(4) AUDIT
BY
THE
SECRETARY.—The Sec-
retary shall annually audit State reports of food 
safety inspections of schools submitted under para-
graph (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 pro-
curement 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 promul-
gate final regulations to implement paragraph (1) 
that require—
‘‘(A) each vendor that provides food prod-
ucts 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 sup-
plier of the vendor; and 
‘‘(B) as appropriate, pathogen testing dur-
ing production of foods described in that para-
graph. 
‘‘(3) GUIDANCE.—The Secretary shall provide 
guidance to school food authorities on ensuring the 
safety of food purchases not subject to the regula-
tions promulgated under paragraph (2). 
‘‘(l) FOOD SAFETY PLANNING.—
‘‘(1) IN GENERAL.—Each school that partici-
pates 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 prepara-
tion of the food safety plans required by para-
graph (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 pro-
gram 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 Sec-
retary) that prepared, processed, distributed, or oth-
erwise handled the food product with an oppor-
tunity—
‘‘(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 suf-
ficient 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 Sec-
retary shall, by order, require, as the Secretary 
determines to be necessary, the person—
‘‘(i)(I) to cease immediately distribu-
tion 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 notifi-
cation 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 pro-
viding an opportunity for a hearing under sub-
paragraph (B), the Secretary determines that 
inadequate grounds exist to support the actions 
required by the order, the Secretary shall va-
cate 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 Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.), the Secretary shall coordinate with the Sec-
retary of Health and Human Services to ensure that 
the activity is carried out. 
‘‘(5) NOTIFICATION
TO
SCHOOLS
AND
VEN-
DORS.—
‘‘(A) PROVISION OF VENDOR CONTACT IN-
FORMATION
TO
STATE
EDUCATIONAL
AGEN-
CY.—Not later than August 1, 2004, and as ap-
propriate 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
EDU-
CATIONAL AGENCIES.—
‘‘(i) IN
GENERAL.—A State edu-
cational 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, no-
tify 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 no-
tification 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 noti-
fication 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 pro-
gram 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 pub-
lic 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
PROSECU-
TIONS.—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 consulta-
tion with the Secretary of Health and Human Serv-
ices, shall establish an advisory committee (referred 
to in this subsection as the ‘Committee’) to assist in 
establishing an information-sharing database, or im-
plementing 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