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42 U.S.C. § 1780 — Prohibitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Interference with school personnel, curriculum, or instruction** In carrying out the provisions of sections 1772 and 1773 of this title, the Secretary shall not impose any requirements with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction.
**(b) Inclusion of assistance in determining income or resources** The value of assistance to children under this chapter shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs. Expenditures of funds from State and local sources for the maintenance of food programs for children shall not be diminished as a result of funds received under this chapter.
**(c) Federal law not applicable** Section 1693o–2 of title 15 shall not apply to electronic benefit transfer systems established under this chapter or the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.).
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Stable record: federal_law:legal_authorities:record_usc_87d54b7be05943e91f18aae4
Source file: Laws/federal/codes/united-states-code/title-42/section-1780-prohibitions--50267744b1.md
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Source location: Title 42, Chapter 13A, § 1780; chapter-13a-child-nutrition.md
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**(a) Interference with school personnel, curriculum, or instruction** In carrying out the provisions of sections 1772 and 1773 of this title, the Secretary shall not impose any requirements with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction.
**(b) Inclusion of assistance in determining income or resources** The value of assistance to children under this chapter shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs. Expenditures of funds from State and local sources for the maintenance of food programs for children shall not be diminished as a result of funds received under this chapter.
**(c) Federal law not applicable** Section 1693o–2 of title 15 shall not apply to electronic benefit transfer systems established under this chapter or the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to promulgate regulations to implement and administer the grant programs and undertakings authorized by this subchapter.
**(b) Regulatory authority** Regulations prescribed under this section may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of grant programs, undertakings, or eligible entities, as, in the judgment of the Secretary, are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion of this subchapter, or to facilitate compliance with this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools or institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
**(b)** If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1774
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Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The sums appropriated for any fiscal year pursuant to the authorizations contained in [section 1752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1752&num=0&edition=prelim) shall be available to the Secretary for supplying agricultural commodities and other food for the program in accordance with the provisions of this chapter.
**(b)**
(1) The Secretary shall make food assistance payments to each State educational agency each fiscal year, at such times as the Secretary may determine, from the sums appropriated for such purpose, in a total amount equal to the product obtained by multiplying—
(A) the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under [section 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served during such fiscal year in schools in such State which participate in the school lunch program under this chapter under agreements with such State educational agency; by
(B) the national average lunch payment prescribed in paragraph (2) of this subsection.
(2) The national average lunch payment for each lunch served shall be 10.5 cents (as adjusted pursuant to [section 1759a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759a/a&num=0&edition=prelim)) except that for each lunch served in school food authorities in which 60 percent or more of the lunches served in the school lunch program during the second preceding school year were served free or at a reduced price, the national average lunch payment shall be 2 cents more.
(3) **Additional reimbursement.—**
(A) *Regulations.—*
(i) *
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1753
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Federal law — U.S. Code and appendices · legal_authorities
Page 4878
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1751
Sec.
1755b.
Pulse crop products.
1756.
Payments to States.
1757.
State disbursement to schools.
1758.
Program requirements.
1758a.
State performance on enrolling children re-
ceiving program benefits for free school
meals.
1758b.
Local school wellness policy.
1759.
Direct disbursement to schools by Secretary.
1759a.
Special assistance funds.
1760.
Miscellaneous provisions.
1761.
Summer food service program for children.
1762.
Summer electronic benefits transfer for chil-
dren program.
1762a.
Commodity distribution program.
1763, 1764. Repealed.
1765.
Election to receive cash payments.
1766.
Child and adult care food program.
1766a.
Meal supplements for children in afterschool
care.
1766b to 1768. Repealed.
1769.
Pilot projects.
1769a.
Fresh fruit and vegetable program.
1769b.
Department of Defense overseas dependents’
schools.
1769b–1.
Training, technical assistance, and food serv-
ice management institute.
1769c.
Compliance and accountability.
1769d.
Childhood hunger research.
1769e.
State childhood hunger challenge grants.
1769f.
Duties of Secretary relating to nonprocure-
ment debarment.
1769g.
Information clearinghouse.
1769h.
Repealed.
1769i.
Program evaluation.
1769j.
Ensuring safety of school meals.
§ 1751. Congressional declaration of policy
It is declared to be the policy of Congress, as
a measure of national security, to safeguard the
health and well-being of the Nation’s children
and to encourage the domestic consumption of
nutritious agricultural commodities and other
food, by assisting the States, through grants-in-
aid and other means, in providing an adequate
supply of foods and other facilities for the estab-
lishment, maintenance, o
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
Page 5017
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1782
which related to sale of competitive foods approved by
the Secretary.
1999—Pub. L. 106–78 substituted ‘‘Richard B. Russell
National School Lunch Act’’ for ‘‘National School
Lunch Act’’ wherever appearing.
1996—Subsec. (b). Pub. L. 104–193 redesignated par. (1)
as subsec. (b) and struck out pars. (2) to (4) which read
as follows:
‘‘(2) The Secretary shall develop and provide to State
agencies, for distribution to private elementary schools
and to public elementary schools through local edu-
cational agencies, model language that bans the sale of
competitive foods of minimal nutritional value any-
where on elementary school grounds before the end of
the last lunch period.
‘‘(3) The Secretary shall provide to State agencies,
for distribution to private secondary schools and to
public secondary schools through local educational
agencies, a copy of regulations (in existence on the ef-
fective date of this paragraph) concerning the sale of
competitive foods of minimal nutritional value.
‘‘(4) Paragraphs (2) and (3) shall not apply to a State
that has in effect a ban on the sale of competitive foods
of minimal nutritional value in schools in the State.’’
1994—Pub. L. 103–448 designated existing provisions as
subsecs. (a) to (c), realigned margins, and in subsec. (b)
designated existing provisions as par. (1), substituted
‘‘The regulations’’ for ‘‘Such regulations’’, and added
pars. (2) to (4).
1989—Pub. L. 101–147 substituted ‘‘the Secretary’’ for
‘‘he’’ before ‘‘may deem’’ in first sentence.
1977—Pub. L. 95–166 inserted ‘‘approved by the Sec-
retary’’ after ‘‘competitive foods’’.
1972—Pub. L. 92–433 inserted provision that regula-
tions issued under the section shall not prohibit the
sale of
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1780
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.