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42 U.S.C. § 1779 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall prescribe such regulations as the Secretary may deem necessary to carry out this chapter and 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.], including regulations relating to the service of food in participating schools and service institutions in competition with the programs authorized under this chapter and the Richard B. Russell National School Lunch Act.
**(b) National school nutrition standards**
(1) **Proposed regulations**
(A) *In general* — The Secretary shall—
(i) establish science-based nutrition standards for foods sold in schools other than foods provided under this chapter and 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.); and
(ii) not later than 1 year after December 13, 2010, promulgate proposed regulations to carry out clause (i).
(B) *Application* — The nutrition standards shall apply to all foods sold—
(i) outside the school meal programs;
(ii) on the school campus; and
(iii) at any time during the school day.
(C) *Requirements* — In establishing nutrition standards under this paragraph, the Secretary shall—
(i) establish standards that are consistent with the most recent Dietary Guidelines for Americans published under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), including the food groups to encourage and nutrients of concern identified in the Dietary Guidelines; and
(ii) consider—
(I) authoritative scientific recomme
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Source location: Title 42, Chapter 13A, § 1779; chapter-13a-child-nutrition.md
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**(a) In general** The Secretary shall prescribe such regulations as the Secretary may deem necessary to carry out this chapter and 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.], including regulations relating to the service of food in participating schools and service institutions in competition with the programs authorized under this chapter and the Richard B. Russell National School Lunch Act.
**(b) National school nutrition standards**
(1) **Proposed regulations**
(A) *In general* — The Secretary shall—
(i) establish science-based nutrition standards for foods sold in schools other than foods provided under this chapter and 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.); and
(ii) not later than 1 year after December 13, 2010, promulgate proposed regulations to carry out clause (i).
(B) *Application* — The nutrition standards shall apply to all foods sold—
(i) outside the school meal programs;
(ii) on the school campus; and
(iii) at any time during the school day.
(C) *Requirements* — In establishing nutrition standards under this paragraph, the Secretary shall—
(i) establish standards that are consistent with the most recent Dietary Guidelines for Americans published under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), including the food groups to encourage and nutrients of concern identified in the Dietary Guidelines; and
(ii) consider—
(I) authoritative scientific recommendations for nutrition standards;
(II) existing school nutrition standards, including voluntary standards for beverages and snack foods and State and local standards;
(III) the practical application of the nutrition standards; and
(IV) special exemptions for school-sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales, and any other exclusions determined by the Secretary), if the fundraisers are approved by the school and are infrequent within the school.
(D) *Updating standards* — As soon as practicable after the date of publication by the Department of Agriculture and the Department of Health and Human Services of a new edition of the Dietary Guidelines for Americans under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), the Secretary shall review and update as necessary the school nutrition standards and requirements established under this subsection.
(2) **Implementation**
(A) *Effective date* — The interim or final regulations under this subsection shall take effect at the beginning of the school year that is not earlier than 1 year and not later than 2 years following the date on which the regulations are finalized.
(B) *Reporting* — The Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a quarterly report that describes progress made toward promulgating final regulations under this subsection.
**(c) Transfer of funds; reserve for special projects** In such regulations the Secretary may provide for the transfer of funds by any State between the programs authorized under this chapter and 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.] on the basis of an approved State plan of operation for the use of the funds and may provide for the reserve of up to 1 per centum of the funds available for apportionment to any State to carry out special developmental projects.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.],
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1755
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formula for computation of payments; computation for lunches to eligible children in schools funding service to ineligible children from non-Federal sources; special assistance factors; annual adjustments**
(1)
(A) Except as provided in [section 1759 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1759&num=0&edition=prelim), in each fiscal year each State educational agency shall receive special assistance payments in an amount equal to the sum of the product obtained by multiplying the number of lunches (consisting of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary pursuant to [section 1758(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/a&num=0&edition=prelim)) served free to children eligible for such lunches in schools within that State during such fiscal year by the special assistance factor for free lunches prescribed by the Secretary for such fiscal year and the product obtained by multiplying the number of lunches served at a reduced price to children eligible for such reduced price lunches in schools within that State during such fiscal year by the special assistance factor for reduced price lunches prescribed by the Secretary for such fiscal year.
(B) Except as provided in subparagraph (C), (D), (E), or (F), in the case of any school which determines that at least 80 percent of the children in attendance during a school year (hereinafter in this sentence referred to as the “first school year”) are eligible for free lunches or reduced price lunches, special assistance payments shall be paid to the State educational agency with respect to that school, if that school so requests for the school year following
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1759a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program purpose, grant authority and institution eligibility**
(1) **In general**
(A) *Program purpose*
(i) *Findings* — Congress finds that—
(I) eating habits and other wellness-related behavior habits are established early in life; and
(II) good nutrition and wellness are important contributors to the overall health of young children and essential to cognitive development.
(ii) *Purpose* — The purpose of the program authorized by this section is to provide aid to child and adult care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons.
(B) *Grant authority* — The Secretary may carry out a program to assist States through grants-in-aid and other means to initiate and maintain nonprofit food service programs for children in institutions providing child care.
(2) **Definition of institution** — In this section, the term “institution” means—
(A) any public or private nonprofit organization providing nonresidential child care or day care outside school hours for school children, including any child care center, settlement house, recreational center, Head Start center, and institution providing child care facilities for children with disabilities;
(B) any other private organization providing nonresidential child care or day care outside school hours for school children, if—
(i) at least 25 percent of the children served by the organization meet the income eligibility criteria established under [section 1758(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/b&num=0&edition=preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1766
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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 5016
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1778
its program foods designated from time to time
by the Secretary as being in abundance, either
nationally or in the school area, or foods do-
nated by the Secretary. Foods available under
section 1431 of title 7 or purchased under section
612c or 1446a–1 of title 7, may be donated by the
Secretary to schools, in accordance with the
needs as determined by local school authorities,
for utilization in their feeding programs under
this chapter.
(Pub. L. 89–642, § 8, Oct. 11, 1966, 80 Stat. 888.)
§ 1778. Nonprofit programs
The food and milk service programs in schools
and nonprofit institutions receiving assistance
under this chapter shall be conducted on a non-
profit basis.
(Pub. L. 89–642, § 9, Oct. 11, 1966, 80 Stat. 888.)
§ 1779. Regulations
(a) In general
The Secretary shall prescribe such regulations
as the Secretary may deem necessary to carry
out this chapter and the Richard B. Russell Na-
tional School Lunch Act [42 U.S.C. 1751 et seq.],
including regulations relating to the service of
food in participating schools and service institu-
tions in competition with the programs author-
ized under this chapter and the Richard B. Rus-
sell National School Lunch Act.
(b) National school nutrition standards
(1) Proposed regulations
(A) In general
The Secretary shall—
(i)
establish
science-based
nutrition
standards for foods sold in schools other
than foods provided under this chapter and
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
(ii) not later than 1 year after December
13, 2010, promulgate proposed regulations
to carry out clause (i).
(B) Application
The nutrition standards shall apply to all
foods sold—
(i) outside the school meal programs;
(
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1779
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.