II 118th CONGRESS 2d Session S. 5084 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. Short title This Act may be cited as the Safe School Meals Act of 2024 . 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. 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. .