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42 U.S.C. § 1769a — Fresh fruit and vegetable program
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the school year beginning July 2008 and each subsequent school year, the Secretary shall provide grants to States to carry out a program to make free fresh fruits and vegetables available in elementary schools (referred to in this section as the “program”).
**(b) Program** A school participating in the program shall make free fresh fruits and vegetables available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school.
**(c) Funding to States**
(1) **Minimum grant** — Except as provided in subsection (i)(2), the Secretary shall provide to each of the 50 States and the District of Columbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program.
(2) **Additional funding** — Of the funds remaining after grants are made under paragraph (1), the Secretary shall allocate additional funds to each State that is operating a school lunch program under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) based on the proportion that—
(A) the population of the State; bears to
(B) the population of the United States.
**(d) Selection of schools**
(1) **In general** — Except as provided in paragraph (2) of this subsection and section 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall—
(A) ensure that each school chosen to participate in the program is a school—
(i) in which not less than 50 percent of the students are eligible for free or reduced price meals under this chapter; and
(ii) that submits an application in a
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Source location: Title 42, Chapter 13, § 1769a; chapter-013-school-lunch-programs.md
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**(a) In general** For the school year beginning July 2008 and each subsequent school year, the Secretary shall provide grants to States to carry out a program to make free fresh fruits and vegetables available in elementary schools (referred to in this section as the “program”).
**(b) Program** A school participating in the program shall make free fresh fruits and vegetables available to students throughout the school day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school.
**(c) Funding to States**
(1) **Minimum grant** — Except as provided in subsection (i)(2), the Secretary shall provide to each of the 50 States and the District of Columbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program.
(2) **Additional funding** — Of the funds remaining after grants are made under paragraph (1), the Secretary shall allocate additional funds to each State that is operating a school lunch program under [section 1753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1753&num=0&edition=prelim) based on the proportion that—
(A) the population of the State; bears to
(B) the population of the United States.
**(d) Selection of schools**
(1) **In general** — Except as provided in paragraph (2) of this subsection and section 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall—
(A) ensure that each school chosen to participate in the program is a school—
(i) in which not less than 50 percent of the students are eligible for free or reduced price meals under this chapter; and
(ii) that submits an application in accordance with subparagraph (D);
(B) to the maximum extent practicable, give the highest priority to schools with the highest proportion of children who are eligible for free or reduced price meals under this chapter;
(C) ensure that each school selected is an elementary school (as defined in section 7801 11 See References in Text note below. of title 20);
(D) solicit applications from interested schools that include—
(i) information pertaining to the percentage of students enrolled in the school submitting the application who are eligible for free or reduced price school lunches under this chapter;
(ii) a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school);
(iii) a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and
(iv) such other information as may be requested by the Secretary; and
(E) encourage applicants to submit a plan for implementation of the program that includes a partnership with 1 or more entities that will provide non-Federal resources (including entities representing the fruit and vegetable industry).
(2) **Exception** — Clause (i) of paragraph (1)(A) shall not apply to a State if all schools that meet the requirements of that clause have been selected and the State does not have a sufficient number of additional schools that meet the requirement of that clause.
(3) **Outreach to low-income schools**
(A) *In general* — Prior to making decisions regarding school participation in the program, a State agency shall inform the schools within the State with the highest proportion of free and reduced price meal eligibility, including Native American schools, of the eligibility of the schools for the program with respect to priority granted to schools with the highest proportion of free and reduced price eligibility under paragraph (1)(B).
(B) *Requirement* — In providing information to schools in accordance with subparagraph (A), a State agency shall inform the schools that would likely be chosen to participate in the program under paragraph (1)(B).
**(e) Notice of availability** If selected to participate in the program, a school shall widely publicize within the school the availability of free fresh fruits and vegetables under the program.
**(f) Per-student grant** The per-student grant provided to a school under this section shall be—
(1) determined by a State agency; and
(2) not less than $50, nor more than $75.
**(g) Limitation** To the maximum extent practicable, each State agency shall ensure that in making the fruits and vegetables provided under this section available to students, schools offer the fruits and vegetables separately from meals otherwise provided at the school under this chapter or 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.).
**(h) Evaluation and reports**
(1) **In general** — The Secretary shall conduct an evaluation of the program, including a determination as to whether children experienced, as a result of participating in the program—
(A) increased consumption of fruits and vegetables;
(B) other dietary changes, such as decreased consumption of less nutritious foods; and
(C) such other outcomes as are considered appropriate by the Secretary.
(2) **Report** — Not later than September 30, 2011, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the evaluation under paragraph (1).
**(i) Funding**
(1) **In general** — Out of the funds made available under subsection (b)(2)(A) of [section 612c–6 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c–6&num=0&edition=prelim), the Secretary shall use the following amounts to carry out this section:
(A) On October 1, 2008, $40,000,000.
(B) On July 1, 2009, $65,000,000.
(C) On July 1, 2010, $101,000,000.
(D) On July 1, 2011, $150,000,000.
(E) On July 1, 2012, and each July 1 thereafter, the amount made available for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding April 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.
(2) **Maintenance of existing funding** — In allocating funding made available under paragraph (1) among the States in accordance with subsection (c), the Secretary shall ensure that each State that received funding under [section 1769(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769/f&num=0&edition=prelim) on the day before the date of enactment of the Food, Conservation, and Energy Act of 2008 shall continue to receive sufficient funding under this section to maintain the caseload level of the State under that section as in effect on that date.
(3) **Evaluation funding** — On October 1, 2008, out of any funds made available under subsection (b)(2)(A) of [section 612c–6 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c–6&num=0&edition=prelim), the Secretary shall use to carry out the evaluation required under subsection (h), $3,000,000, to remain available for obligation until September 30, 2010.
(4) **Receipt and acceptance** — The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section any funds transferred for that purpose, without further appropriation.
(5) **Authorization of appropriations** — In addition to any other amounts made available to carry out this section, there are authorized to be appropriated such sums as are necessary to expand the program established under this section.
(6) **Administrative costs**
(A) *In general* — Of funds made available to carry out this section for a fiscal year, the Secretary may use not more than $500,000 for the administrative costs of carrying out the program.
(B) *Reservation of funds* — The Secretary shall allow each State to reserve such funding as the Secretary determines to be necessary to administer the program in the State (with adjustments for the size of the State and the grant amount), but not to exceed the amount required to pay the costs of 1 full-time coordinator for the program in the State.
(7) **Reallocation**
(A) *Among States* — The Secretary may reallocate any amounts made available to carry out this section that are not obligated or expended by a date determined by the Secretary.
(B) *Within States* — A State that receives a grant under this section may reallocate any amounts made available under the grant that are not obligated or expended by a date determined by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”.
**(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”.
(1) **Director** — The term “Director” means the head of the Congressional Hunger Center.
(2) **Fellow** — The term “fellow” means—
(A) a Bill Emerson Hunger Fellow; or
(B) Mickey Leland Hunger Fellow.
(3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1).
**(c) Fellowship Programs**
(1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.
(2) **Purposes**
(A) *In general* — The purposes of the Fellowship Programs are—
(i) to encourage future leaders of the United States—
(I) to pursue careers in humanitarian and public service;
(II) to recognize the needs of low-income people and hungry people;
(III) to provide assistance to people in need; and
(IV) to seek public policy solutions to the challenges of hunger and poverty;
(ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and
(iii) to increase awareness of the importance of public service.
(B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States.
(C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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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.
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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) *
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of section 32** In this section, the term “section 32” means section 32 of the Act of August 24, 1935 ([7 U.S.C. 612c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim)).
**(b) Transfer to Food and Nutrition Service**
(1) **In general** — Amounts made available for a fiscal year to carry out section 32 in excess of the maximum amount calculated under paragraph (2) shall be transferred to the Secretary, acting through the Administrator of the Food and Nutrition Service, to be used to carry out 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.) 11 So in original. Probably should be followed by a comma. except section 21 [[42 U.S.C. 1769b–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769b–1&num=0&edition=prelim)], 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.), except sections 17 and 21 [[42 U.S.C. 1786](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786&num=0&edition=prelim), 1790]”.
(2) **Maximum amount** — The maximum amount calculated under this paragraph for a fiscal year is the sum of—
(A)
(i) in the case of fiscal year 2009, $1,173,000,000;
(ii) in the case of fiscal year 2010, $1,199,000,000;
(iii) in the case of fiscal year 2011, $1,215,000,000;
(iv) in the case of fiscal year 2012, $1,231,000,000;
(v) in the case of fiscal year 2013, $1,248,000,000;
(vi) in the case of fiscal year 2014, $1,266,000,000;
(vii) in the case of fiscal year 2015, $1,284,00
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) In general**
(1) **Establishment** — The President shall establish, within ninety days after October 22, 1990, a National Nutrition Monitoring Advisory Council. The Council shall assist in carrying out the purposes of this chapter, provide scientific and technical advice on the development and implementation of the coordinated program and comprehensive plan, and serve in an advisory capacity to the Secretaries.
(2) **Membership** — The Council shall consist of nine voting members, of whom—
(A) five members shall be appointed by the President based upon recommendations from the Secretaries; and
(B) four members shall be appointed by Congress, of whom—
(i) one shall be appointed by the Speaker of the House of Representatives;
(ii) one shall be appointed by the minority leader of the House of Representatives;
(iii) one shall be appointed by the President pro tempore of the Senate; and
(iv) one shall be appointed by the minority leader of the Senate.
(3) **Ex officio members** — The Council also shall include the joint chairpersons of the Board as ex officio nonvoting members.
**(b) Selection criteria** Each person appointed to the Council shall be selected solely on the basis of an established record of distinguished service and shall be eminent in one of the following fields:
(1) public health, including clinical dietetics, public health nutrition, epidemiology, clinical medicine, health education, or nutrition education;
(2) nutrition monitoring research, including nutrition monitoring and surveillance, food consumption patterns, nutritional anthropology, community nutrition research, nutritional biochemistry, food composition analysis, survey statistics, dietary-intake methodology, or nutrition status methodology; or
(3) food produ
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Federal law — U.S. Code and appendices · legal_authorities
Page 4983
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1769a
445 of Pub. L. 111–296, set out as a note under section
1751 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-
wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Amendment by sections 4303 and 4304(b) of Pub. L.
110–246 effective Oct. 1, 2008, see section 4407 of Pub. L.
110–246, set out as a note under section 1161 of Title 2,
The Congress.
EFFECTIVE DATE OF 2007 AMENDMENT
Amendment by Pub. L. 110–161 effective on Jan. 1 of
the first full calendar year following Dec. 26, 2007, see
section 738(c) of Pub. L. 110–161, set out as a note under
section 1761 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–97, title VII, § 777(b), Nov. 10, 2005, 119
Stat. 2161, provided that: ‘‘The amendments made by
subsection (a) [amending this section] take effect on
January 1, 2006.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by section 116(f)(1), (3) of Pub. L. 108–265
effective Jan. 1, 2005, and amendment by sections
116(f)(2), (4), (5) and 120 to 124 of Pub. L. 108–265 effective
June 30, 2004, see section 502(a), (b)(3) of Pub. L. 108–265,
as amended, set out as an Effective Date note under
section 1754 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–171, title IV, § 4305(b), May 13, 2002, 116
Stat. 332, provided that: ‘‘The amendment made by this
section [amending this section] takes effect on the date
of enactment of this Act [May 13, 2002].’’
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–336 effective Oct. 1, 1998,
see section 40
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1769a
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Federal law — U.S. Code and appendices · legal_authorities
Page 5002
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1771
(3) improve the timeliness and completeness
of direct communication between the Food
and Nutrition Service and States about holds
and recalls, such as through the commodity
alert system of the Food and Nutrition Serv-
ice; and
(4) establish a timeframe to improve the
commodity hold and recall procedures of the
Department of Agriculture to address the role
of processors and determine the involvement
of distributors with processed products that
may contain recalled ingredients, to facilitate
the provision of more timely and complete in-
formation to schools.
(b) Food Safety and Inspection Service
Not later than 1 year after December 13, 2010,
the Secretary, acting through the Administrator
of the Food Safety and Inspection Service, shall
revise the procedures of the Food Safety and In-
spection Service to ensure that schools are in-
cluded in effectiveness checks.
(June 4, 1946, ch. 281, § 29, as added Pub. L.
111–296, title III, § 308, Dec. 13, 2010, 124 Stat.
3246.)
Editorial Notes
REFERENCES IN TEXT
The Child Nutrition Act of 1966, referred to in subsec.
(a)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which
is classified generally to chapter 13A (§ 1771 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1771 of
this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2010, except as otherwise spe-
cifically provided, see section 445 of Pub. L. 111–296, set
out as an Effective Date of 2010 Amendment note under
section 1751 of this title.
CHAPTER 13A—CHILD NUTRITION
Sec.
1771.
Congressional declaration of purpose.
1772.
Special program to encourage the consum
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1771
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