Sec. 2. Regulations relating to certain substances in final school meal products
1,325 words·~6 min read·
/bill/118/s/5084/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term Commissioner means the Commissioner of Food and Drugs. 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— the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ).
The term heavy metal or toxic metalloid means— arsenic; cadmium; lead; and mercury. 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. The term PFAS means any member of the class of fluorinated organic chemicals that contains at least 1 fully fluorinated carbon atom.
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. 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. There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection. 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. 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) ). 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. 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. Not less frequently than once every 5 years, the Commissioner shall— review relevant data; and determine potential adjustments to the maximum permissible levels of heavy metals and toxic metalloids established under this paragraph. The Commissioner shall prohibit the use of PFAS, phthalates, lead, and bisphenols in product packaging of final school meal products. 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— 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 promulgate final regulations that— 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 determine to be unsafe any substance that has been found, when ingested by humans or animals, to induce— reproductive, developmental, or endocrine toxicity; or cancer. In determining, for the purposes of this paragraph, whether a substance is unsafe, the Secretary shall take into consideration, among other relevant factors— 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 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. The substances initially reassessed by the Secretary under subparagraph
(A)shall be the following: Butylated hydroxyanisole. Butylated hydroxytoluene. Tert-butylhydroquinone. Sodium benzoate. Propyl gallate. Titanium dioxide. FD&C Red 3. FD&C Red 40. FD&C Yellow 5. FD&C Yellow 6. FD&C Green 3. FD&C Blue 1. FD&C Blue 2. Azodicarbonamide. Potassium bromate. Propyl paraben. 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— completes a reassessment of the substance under this paragraph; and 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. 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— the substance name or class name; uses of the substance; and data relating to the actual and potential hazards and impact on public health of the substance. The Secretary shall prioritize the reassessment under this subparagraph of any substances contained in or on final school meal products that have been found— to be associated with— cancer; or reproductive or developmental toxicity; or to present other potential hazards to public health. 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. 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— assess the difference between— 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 the cost of carrying out those school meal programs on the date of enactment of this Act; and 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). There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this paragraph. The Secretary shall— 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; distribute the results of the research carried out under clause
(i)to farmers, with priority given to any farmer that— 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 did not receive that certification; and conduct research relating to— the presence of microplastics and PFAS in soil, water, and food; and methods to remediate agricultural soil, water, and food from microplastics and PFAS. There is authorized to be appropriated to the Secretary $500,000,000 to carry out this paragraph.
Connectionstraces to 4
Citation graph
cites case law
Sec. 2
Regulations relating to certain substances in final school meal products
Cites 4Cited by 0 across 0 sources