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42 U.S.C. § 1754 — Nutrition promotion

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1754 — Nutrition promotion

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Source location: Title 42, Chapter 13, § 1754; chapter-013-school-lunch-programs.md

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**(a) In general** Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.). **(b) Total amount for each fiscal year** The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying— (1) ½ cent; by (2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs. **(c) Payments to States** (1) **Allocation** — Subject to paragraph (2), from the amount of funds available under subsection (g) for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of— (A) a uniform base amount established by the Secretary; or (B) an amount determined by the Secretary, based on the ratio that— (i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the State that participate in the food service programs; bears to (ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs. (2) **Reductions** — The Secretary shall reduce allocations to State agencies qualifying for an allocation under paragraph (1)(B), in a manner determined by the Secretary, to the extent necessary to ensure that the total amount of funds allocated under paragraph (1) is not greater than the amount appropriated under subsection (g). **(d) Use of payments** (1) **Use by State agencies** — A State agency may reserve, to support dissemination and use of nutrition messages and material developed by the Secretary, up to— (A) 5 percent of the payment received by the State for a fiscal year under subsection (c); or (B) in the case of a small State (as determined by the Secretary), a higher percentage (as determined by the Secretary) of the payment. (2) **Disbursement to schools and institutions** — Subject to paragraph (3), the State agency shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in subsection (a) to disseminate and use nutrition messages and material developed by the Secretary. (3) **Summer food service program for children** — In addition to any amounts reserved under paragraph (1), in the case of the summer food service program for children established under [section 1761 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1761&num=0&edition=prelim), the State agency may— (A) retain a portion of the funds made available under subsection (c) (as determined by the Secretary); and (B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the Secretary. **(e) Documentation** A State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section. **(f) Reallocation** The Secretary may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the Secretary. **(g) Authorization of appropriations** There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1769 — Pilot projects

**(a) Repealed. Pub. L. 111–296, title IV, § 441(a)(9), Dec. 13, 2010, 124 Stat. 3264** **(b) Extension of eligibility of certain school districts to receive cash or commodity letters of credit assistance for school lunch programs** (1) Upon request to the Secretary, any school district that on January 1, 1987, was receiving all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program beginning July 1, 1987. The Secretary, directly or through contract, shall administer the project under this subsection. (2) Any school district that elects under paragraph (1) to receive all cash payments or all commodity letters of credit in lieu of entitlement commodities for its school lunch program shall receive bonus commodities in the same manner as if such school district was receiving all entitlement commodities for its school lunch program. **(c) Alternative counting and claiming procedures** (1) The Secretary may conduct pilot projects to test alternative counting and claiming procedures. (2) Each pilot program carried out under this subsection shall be evaluated by the Secretary after it has been in operation for 3 years. **(d) to (f) Repealed. Pub. L. 111–296, title IV, § 441(a)(11)–(13), Dec. 13, 2010, 124 Stat. 3264** **(g) Access to local foods: Patrick Leahy Farm to School Program** (1) **Definition of eligible school** — In this subsection, the term “eligible school” means a school or institution that participates in a program under this chapter or the school breakfast program established under [section 1773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre

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7 U.S.C. § 2020 — Administration

**(a) State responsibility** (1) **In general** — The State agency of each participating State shall have responsibility for certifying applicant households and issuing EBT cards. (2) **Local administration** — The responsibility of the agency of the State government shall not be affected by whether the program is operated on a State-administered or county-administered basis, as provided under [section 2012(s)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012/s/1&num=0&edition=prelim). (3) **Records** (A) *In general* — Each State agency shall keep such records as may be necessary to determine whether the program is being conducted in compliance with this chapter (including regulations issued under this chapter). (B) *Inspection and audit* — All records, and the entire information systems in which records are contained, that are covered in subparagraph (A) shall— (i) be made available for inspection and audit by the Secretary, subject to data and security protocols agreed to by the State agency and Secretary; (ii) subject to subsection (e)(8), be available for review in any action filed by a household to enforce any provision of this chapter (including regulations issued under this chapter); and (iii) be preserved for such period of not less than 3 years as may be specified in regulations. (4) **Review of major changes in program design** (A) *In general* — The Secretary shall develop standards for identifying major changes in the operations of a State agency, including— (i) large or substantially-increased numbers of low-income households that do not live in reasonable proximity to an office performing the major functions described in subsection (e); (ii) substantial increases in reli

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42 U.S.C. § 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 establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

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42 U.S.C. § 1761 — Summer food service program for children

**(a) In general** (1) **Definitions** — In this section: (A) *Area in which poor economic conditions exist* (i) *In general* — Subject to clause (ii), the term “area in which poor economic conditions exist”, as the term relates to an area in which a program food service site is located, means— (I) the attendance area of a school in which at least 50 percent of the enrolled children have been determined eligible for free or reduced price school meals under this chapter and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.); (II) a geographic area, as defined by the Secretary based on the most recent census data available, in which at least 50 percent of the children residing in that area are eligible for free or reduced price school meals under this chapter and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.); (III) an area— (aa) for which the program food service site documents the eligibility of enrolled children through the collection of income eligibility statements from the families of enrolled children or other means; and (bb) at least 50 percent of the children enrolled at the program food service site meet the income standards for free or reduced price school meals under this chapter and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.); (IV) a geographic area, as defined by the Secretary based on information provided from a department of welfare or zoning commission, in which a

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42 U.S.C. § 1771 — Congressional declaration of purpose

In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396a — State plans for medical assistance

**(a) Contents** A State plan for medical assistance must— (1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (2) provide for financial participation by the State equal to not less than 40 per centum of the non-Federal share of the expenditures under the plan with respect to which payments under [section 1396b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b&num=0&edition=prelim) are authorized by this subchapter; and, effective July 1, 1969, provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in lowering the amount, duration, scope, or quality of care and services available under the plan; (3) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness; (4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods, including provision for utilization of professional medical personnel in the administration and, where administered locally, supervision of administration of the plan, and, subject to [section 1396b(i) of this title](https://uscode.house.gov/view.xhtml?req=granulei

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42 U.S.C. § 1753 — Apportionments to States

**(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) *

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42 U.S.C. § 1755 — Direct expenditures for agricultural commodities and other foods

**(a) Administrative expenses; nutritional education; pilot projects; cash-in-lieu of commodities study; refusal of commodities and receipt of other commodities available to the State in lieu of the refused commodities** The funds provided by appropriation or transfer from other accounts for any fiscal year for carrying out the provisions of this chapter, and for carrying out the provisions of the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.], other than section 3 thereof [[42 U.S.C. 1772](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1772&num=0&edition=prelim)] less (1) not to exceed 3½ per centum thereof which per centum is hereby made available to the Secretary for the Secretary’s administrative expenses under this chapter and under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.]; (2) the amount apportioned by the Secretary pursuant to [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) and the amount appropriated pursuant to sections 1759a and 1761 of this title and sections 4 and 7 of the Child Nutrition Act of 1966 [[42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim) and 1776]; and (3) not to exceed 1 per centum of the funds provided for carrying out the programs under this chapter and the programs under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.],

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42 U.S.C. § 1757 — State disbursement to schools

**(a) Disbursement by State educational agency** Funds paid to any State during any fiscal year pursuant to [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) shall be disbursed by the State educational agency, in accordance with such agreements approved by the Secretary, as may be entered into by such State agency and the schools in the State, to those schools in the State which the State educational agency, taking into account need and attendance, determines are eligible to participate in the school lunch program. **(b) Permanent, amendable agreements** The agreements described in subsection (a) shall be permanent agreements that may be amended as necessary. **(c) Suspension or termination of agreements** The State educational agency may suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary. **(d) Use of funds** Use of funds paid to States may include, in addition to the purchase price of agricultural commodities and other foods, the cost of processing, distributing, transporting, storing or handling thereof. **(e) Limitation** In no event shall such disbursement for food to any school for any fiscal year exceed an amount determined by multiplying the number of lunches served in the school in the school lunch program under this chapter during such year by the maximum per meal reimbursement rate for the State, for the type of lunch served, as prescribed by the Secretary. **(f) Increase in meal reimbursement** In any fiscal year in which the national average payment per lunch determined under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) is increased above

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42 U.S.C. § 1758 — Program requirements

**(a) Nutritional requirements** (1) (A) Lunches served by schools participating in the school lunch program under this chapter shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research, except that the minimum nutritional requirements— (i) shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students; and (ii) shall, at a minimum, be based on the weekly average of the nutrient content of school lunches. (B) The Secretary shall provide technical assistance and training, including technical assistance and training in the preparation of lower-fat versions of foods commonly used in the school lunch program under this chapter, to schools participating in the school lunch program to assist the schools in complying with the nutritional requirements prescribed by the Secretary pursuant to subparagraph (A) and in providing appropriate meals to children with medically certified special dietary needs. The Secretary shall provide additional technical assistance to schools that are having difficulty maintaining compliance with the requirements. (2) **Fluid milk.—** (A) *In general.—* — Lunches served by schools participating in the school lunch program under this chapter— (i) shall offer students a variety of fluid milk; (ii) may offer students options which may include flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk, and nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortifi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1758

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