Fresh fruits and vegetables categorization

(a) In general The Secretary of Agriculture, in coordination with the Secretary of Health and Human Services, shall develop a low-risk classification for fresh fruits, vegetables, and other foods that are typically consumed raw or with minimal processing, and update relevant nutrition and food safety and preparation regulations and guidelines for child care providers in accordance with the classification under this section. (b) Classification In developing the classification under this section, the Secretaries shall consider— (1) the limited risks of food-born illness and negative health impacts associated with handling and preparing fresh fruits, vegetables, and other foods that are typically consumed raw or with minimal processing; (2) best practices to minimize food safety risks without obstructing access to low-risk foods as defined under the classification under this section, including but not limited to access to a handwashing sink; and (3) existing barriers that privilege packaged, processed foods over fresh fruits, vegetables, and other foods that are typically consumed raw or with minimal processing. (c) Implementation The Secretaries shall ensure the effective coordination of policies and activities within the Department of Agriculture and the Department of Health and Human Services related to nutrition and food safety and preparation in child care facilities to ensure State regulations that impact such activities reflect the classification under this section and protect child care providers from any penalties as a result of providing children foods in compliance with this section. (d) Compliance States that fail to comply with the policies and activities described in subsection (c) may have funds withheld.