Sec. 3. Testing and certification of foods, producers, and suppliers used for school meal programs

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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: In this subsection: 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 ). The term heavy metal or toxic metalloid means— arsenic; cadmium; lead; and mercury. The term permissible level means— 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 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.

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. The term PFAS means any member of the class of fluorinated organic chemicals that contains at least 1 fully fluorinated carbon atom. The term school meal program means any school meal program under— this Act; or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ).

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— to determine the levels of pesticide residue and heavy metals and toxic metalloids in or on those foods; and to ensure PFAS, phthalates, lead, and bisphenols are not used in any packaging of those foods. The samples collected by the Secretary pursuant to this paragraph shall be collected from foods that are in their final state prior to consumption.

The Secretary shall make publicly available a report that describes the results of the sampling and testing conducted under this paragraph. 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— 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— is certified as a clean supplier in accordance with paragraph

(4)by— the Secretary; or a third party approved by the Secretary; or self-certifies that the producer or supplier— conducts testing and meets the other applicable requirements under paragraph

(4)for certification as a clean supplier; and submits to the Secretary those test results; and 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). Not later than 2 years after the date of enactment of this subsection, the Secretary shall, for purposes of this subsection— offer testing to agricultural producers and processed food suppliers who seek to be certified as clean suppliers; provide for the certification of those producers and suppliers as clean suppliers in accordance with this paragraph; and approve third parties to certify those producers and suppliers as clean suppliers in accordance with this paragraph. 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. 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. 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— 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 the packaging of the food products sold by the agricultural producer or processed food supplier does not use any PFAS, phthalates, lead, or bisphenols. Subject to subparagraph (F), the Secretary may establish such requirements and procedures as the Secretary determines to be appropriate for— testing the food products of agricultural producers and processed food suppliers under clause (i); and certifying agricultural producers and processed food suppliers as clean suppliers for purposes of this subsection. 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. A certified organic farm— shall not be required to submit to testing under this paragraph with respect to pesticide residue; and may be certified as a clean supplier for purposes of this subsection on— demonstration that— 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 the packaging of the food products sold by the certified organic farm does not use any PFAS, phthalates, lead, or bisphenols; and submission of an application under subparagraph (C). 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— failed to achieve certification as a clean supplier under clause (i)(II); but 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. 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. 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— beginning on the first day of the first school year beginning after the date of disapproval; and ending on the date on which an application of the certified organic farm under subparagraph

(C)is approved. The Secretary shall establish a program under which the Secretary shall provide grants to agricultural producers, processed food suppliers, and schools— in the case of agricultural producers, to assist with reducing heavy metals and toxic metalloids and pesticide residues in food; 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; in the case of schools, to purchase— reusable or compostable food serving utensils (including trays) that do not contain or release unsafe substances during the full lifecycle; and dishwashing equipment to support the use of such reusable food serving utensils; and to carry out any other activity described in subparagraph (D), as applicable. 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. On submission of an application under subparagraph (B), an agricultural producer shall be automatically eligible to receive a grant under this paragraph if— the agricultural producer is a certified organic farm; or the food products of the agricultural producer are within permissible levels for pesticide residues; but the food products of the agricultural producer are not within permissible levels for heavy metals or toxic metalloids. An agricultural producer may use a grant provided under this paragraph for— soil remediation; elevation of beds; water quality or soil testing; a project— to reduce or eliminate pesticide drift or other contamination sources from neighboring land; or to filter or eliminate contaminants from a water source; and 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. A processed food supplier may use a grant provided under this paragraph to change their manufacturing and processing equipment— to switch to PFAS-, phthalate-, lead-, and bisphenol-free packaging; or to otherwise eliminate heavy metal or toxic metalloid contamination from the processing of the processed food supplier. A school may use a grant provided under this paragraph to purchase— 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 dishwashing equipment to support the use of such reusable food serving utensils. 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. 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. If an agricultural producer or processed food supplier identified under subparagraph

(A)is certified as a clean supplier for purposes of this subsection— the producer or supplier shall be subject to a fine in such amount as the Secretary may establish; and for the 3 school-year period beginning on the date of identification— the certification of the producer or supplier under paragraph

(4)shall be revoked; and the producer or supplier shall be prohibited from supplying any food for use in a school meal program. 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)— the producer or supplier shall be subject to the fine and other penalties described in clause (i); and as the Secretary determines to be appropriate— the certifying third party shall be subject to a fine in such amount as the Secretary may establish; and the approval of the third party to certify clean suppliers for purposes of this subsection may be revoked. 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— subject to a fine in such amount as the Secretary may establish; and prohibited from supplying any food for use in a school meal program during the 3 school-year period beginning on the date of identification. 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— the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); or the FDA Food Safety Modernization Act ( Public Law 111–353 ; 124 Stat. 3885) (including the amendments made by that Act). There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection, other than paragraph (5). . Section 10606 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523 ) is amended— in subsection (b)— in paragraph (1), by striking not more than 75 and inserting up to 100 ; and by striking paragraph

(2)and inserting the following: Subject to subparagraph (B), the maximum amount of a payment made to a producer or handler under this section shall be $3,000. 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. ; in subsection (c)— by striking program during and inserting program under this section during ; and by striking fiscal year, and inserting fiscal years, ; and by striking subsection

(d)and inserting the following: 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. .

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