Should Waivers be Required to Buy Foreign Food for the National School Lunch Program? (H.R. 1241)
Do you support or oppose this bill?
What is H.R. 1241?
(Updated September 7, 2019)
This bill would require school food authorities (SFAs) to request a waiver from the Dept. of Agriculture (USDA) to purchase foreign commodities or products for the National School Lunch Program (NSLP). Waivers could only be granted if: 1) domestic commodities or products aren’t produced in sufficient amounts or of satisfactory quality; 2) domestic commodities or products would be significantly higher in price; and 3) the SFA agrees to make the waiver publicly available on its website and email a notification to parents or guardians of students who will be served the foreign commodity or product.
Under current law, Buy American provisions require SFAs to buy domestic commodities or products for the NSLP to the maximum extent possible. There are limited exceptions permitting the purchase of foreign products or commodities if using domestic products isn’t truly practicable, but there is no requirement to request a waiver — the SFA only needs to keep documentation justifying the exception.
Argument in favor
This commonsense, bipartisan bill ensures that Buy American provisions in the National School Lunch Program are followed by requiring waivers whenever school food authorities want to buy foreign commodities or products because of the scarcity or cost of domestic options.
Argument opposed
The current exceptions process for Buy American provisions in the National School Lunch Program is sufficient, as a more stringent waiver request process would lead to more domestic goods being purchased which cost taxpayers more.
Impact
Students in the NSLP and their families; domestic and foreign producers of commodities and goods that are purchased by school food authorities; and the USDA.
Cost of H.R. 1241
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Rep. Doug LaMalfa (R-CA) introduced this bill to bring more accountability and to the Buy American provisions of the National School Lunch Act:
“Northern California produces some of the highest quality food in the world, unfortunately school districts too often look elsewhere to provide students with foreign food that is not held to the same standards of safety and quality. The Buy American provisions of the National School Lunch Act were created to provide students with foreign food that is not held to the same standards of safety and quality. The Buy American provisions of the National School Lunch Act were created to ensure our children enjoy fresh, local produce instead of potentially less healthy alternatives from overseas. This bill increases transparency for schools who request a waiver to use foreign products in school lunches and helps to ensure our tax dollars are used to buy American produce and to support American agriculture.”
Original cosponsor Rep. John Garamendi (D-CA) added:
“One of the best ways to make sure our kids have local produce is to enforce the existing Buy American provisions of the National School Lunch Act. These provisions are designed to ensure taxpayer dollars support U.S. jobs and businesses, and they have the added benefit of increasing the amount of American-grown food our children enjoy through the school lunch program. We have seen too many instances of school districts, including some in my district, importing foreign food unnecessarily without the proper disclosure. Recently, we’ve even seen recalls of imported foods owing to disease outbreaks when that same produce could have been sourced locally right here in California, subject to the highest food safety standards in the world.”
This legislation has the support of 21 bipartisan cosponsors, including 12 Democrats and nine Republicans.
Media:
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Sponsoring Rep. Doug LaMalfa (R-CA) Press Release
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Davis Enterprise
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National Council of Farmer Cooperatives (In Favor)
Summary by Eric Revell
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