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7 U.S.C. § 613 — Termination date; investigations and re-
Federal law — U.S. Code and appendices · legal_authorities
Page 500
TITLE 7—AGRICULTURE
§ 613
2 See References in Text note below.
on the preceding November 30 in the Con-
sumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics
of the Department of Labor; and
(B) any transfers for the fiscal year from
section 32 to the Department of Commerce
under the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.).
(c) Fresh fruit and vegetable program
Of amounts made available to carry out sec-
tion 32 under subsection (b)(2)(A), the Secretary
shall transfer for use to carry out the fresh fruit
and vegetable program under section 19 of the
Richard B. Russell National School Lunch Act
[42 U.S.C. 1769a] the amounts specified in sub-
section (i) of that section.
(d) Whole grain products
Of amounts made available to carry out sec-
tion 32 under subsection (b)(2)(A), the Secretary
shall use to carry out section 1755a of title 42
$4,000,000 for fiscal year 2009.
(e) Maintenance of funding
The funding provided under subsections (c)
and (d) shall supplement (and not supplant)
other Federal funding (including section 32 fund-
ing) for programs carried out under—
(1) the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), except for
section 19 of that Act [42 U.S.C. 1769a];
(2) the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.); and
(3) section 2036 2 of this title.
(Pub. L. 110–234, title XIV, § 14222, May 22, 2008,
122 Stat. 1483; Pub. L. 110–246, § 4(a), title XIV,
§ 14222, June 18, 2008, 122 Stat. 1664, 2245; Pub. L.
112–55, div. A, title IV, Nov. 18, 2011, 125 Stat.
574.)
Editorial Notes
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act,
referred to in subsecs. (b)(1) and (e)(1), is act June 4,
1946, ch. 281, 60 Stat. 230, wh
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Page 500
TITLE 7—AGRICULTURE
§ 613
2 See References in Text note below.
on the preceding November 30 in the Con-
sumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics
of the Department of Labor; and
(B) any transfers for the fiscal year from
section 32 to the Department of Commerce
under the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.).
(c) Fresh fruit and vegetable program
Of amounts made available to carry out sec-
tion 32 under subsection (b)(2)(A), the Secretary
shall transfer for use to carry out the fresh fruit
and vegetable program under section 19 of the
Richard B. Russell National School Lunch Act
[42 U.S.C. 1769a] the amounts specified in sub-
section (i) of that section.
(d) Whole grain products
Of amounts made available to carry out sec-
tion 32 under subsection (b)(2)(A), the Secretary
shall use to carry out section 1755a of title 42
$4,000,000 for fiscal year 2009.
(e) Maintenance of funding
The funding provided under subsections (c)
and (d) shall supplement (and not supplant)
other Federal funding (including section 32 fund-
ing) for programs carried out under—
(1) the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), except for
section 19 of that Act [42 U.S.C. 1769a];
(2) the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.); and
(3) section 2036 2 of this title.
(Pub. L. 110–234, title XIV, § 14222, May 22, 2008,
122 Stat. 1483; Pub. L. 110–246, § 4(a), title XIV,
§ 14222, June 18, 2008, 122 Stat. 1664, 2245; Pub. L.
112–55, div. A, title IV, Nov. 18, 2011, 125 Stat.
574.)
Editorial Notes
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act,
referred to in subsecs. (b)(1) and (e)(1), is act June 4,
1946, ch. 281, 60 Stat. 230, which is classified generally
to chapter 13 (§ 1751 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec.
(b)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which
is classified generally to chapter 13A (§ 1771 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title
note set out under section 1771 of Title 42 and Tables.
The Fish and Wildlife Act of 1956, referred to in sub-
sec. (b)(2)(B), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119,
which is classified generally to sections 742a to 742d and
742e to 742j–2 of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title
note set out under section 742a of Title 16 and Tables.
The Emergency Food Assistance Act of 1983, referred
to in subsec. (e)(2), is Pub. L. 98–8, title II, Mar. 24, 1983,
97 Stat. 35, which is classified principally to chapter 102
(§ 7501 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 7501 of this title and Tables.
Section 2036 of this title, referred to in subsec. (e)(3),
was in the original ‘‘section 27 of the Food Stamp Act
of 1977’’, and was translated as meaning section 27 of
Pub. L. 88–525, the Food and Nutrition Act of 2008, to
reflect the probable intent of Congress and the renam-
ing of the Act by Pub. L. 110–246, title IV, § 4001(a), June
18, 2008, 122 Stat. 1853.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
Section was enacted as part of the Food, Conserva-
tion, and Energy Act of 2008, and not as part of the Ag-
ricultural Adjustment Act which comprises this chap-
ter.
AMENDMENTS
2011—Subsec. (b)(1). Pub. L. 112–55 inserted ‘‘except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21’’ before period at
end.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment 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, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
this title.
DEFINITION OF ‘‘SECRETARY’’
‘‘Secretary’’ as meaning the Secretary of Agri-
culture, see section 8701 of this title.
§ 613. Termination date; investigations and re-
ports
This chapter shall cease to be in effect when-
ever the President finds and proclaims that the
national economic emergency in relation to ag-
riculture has been ended; and pending such time
the President shall by proclamation terminate
with respect to any basic agricultural com-
modity such provisions of this chapter as he
finds are not requisite to carrying out the de-
clared policy with respect to such commodity.
In the case of sugar beets and sugarcane, the
taxes provided by this chapter shall cease to be
in effect, and the powers vested in the President
or in the Secretary of Agriculture shall termi-
nate on December 31, 1937 unless this chapter
ceases to be in effect at an earlier date, as here-
inabove provided. The Secretary of Agriculture
shall make such investigations and reports
thereon to the President as may be necessary to
aid him in executing this section.
(May 12, 1933, ch. 25, title I, § 13, 48 Stat. 39; May
9, 1934, ch. 263, § 15, 48 Stat. 677; Aug. 24, 1935, ch.
641, § 20(a), 49 Stat. 768.)
Editorial Notes
AMENDMENTS
1935—Act Aug. 24, 1935, substituted ‘‘on December 31,
1937’’ for ‘‘at the end of three years after the adoption
of this amendment’’.
1934—Act May 9, 1934, inserted second sentence relat-
ing to taxes on sugar beets and sugarcane.
§ 613a. Repealed. Sept. 1, 1937, ch. 898, title V,
§ 510, 50 Stat. 916
Section, act June 19, 1936, ch. 612, § 1, 49 Stat. 1539, re-
lated to termination of taxes on sugar beets and sugar-
cane.
§ 614. Separability
If any provision of this chapter is declared un-
constitutional, or the applicability thereof to
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
The Congress declares that the fish, shellfish, and wildlife resources of the Nation make a material contribution to our national economy and food supply, as well as a material contribution to the health, recreation, and well-being of our citizens; that such resources are a living, renewable form of national wealth that is capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely exploited; that such resources afford outdoor recreation throughout the Nation and provide employment, directly or indirectly, to a substantial number of citizens; that the fishing industries strengthen the defense of the United States through the provision of a trained seafaring citizenry and action-ready fleets of seaworthy vessels; that the training and sport afforded by fish and wildlife resources strengthen the national defense by contributing to the general health and physical fitness of millions of citizens; and that properly developed, such fish and wildlife resources are capable of steadily increasing these valuable contributions to the life of the Nation.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1294
TITLE 16—CONSERVATION
§ 742
§ 742. Omitted
Editorial Notes
CODIFICATION
Section, acts Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1436;
Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, provided for an act-
ing Commissioner of Fisheries.
Executive Documents
TRANSFER OF FUNCTIONS
Reorg. Plan No. II of 1939, § 4(e), (f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to
Title 5, Government Organization and Employees,
transferred Bureau of Fisheries in Department of Com-
merce and its functions, and Bureau of Biological Sur-
vey in Department of Agriculture and its functions, to
Department of the Interior, to be administered under
direction and supervision of Secretary of the Interior.
Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5,
Government Organization and Employees, consolidated
Bureau of Fisheries and Bureau of Biological Survey
into one agency in Department of the Interior to be
known as the Fish and Wildlife Service. It was further
provided that functions of consolidated agency should
be administered under direction and supervision of Sec-
retary of the Interior by a director and assistants, and
that offices of Commissioner and Deputy Commissioner
of Fisheries and offices of Chief and Associate Chief of
Bureau of Biological Survey should be abolished and
their functions transferred to consolidated agency.
The Fish and Wildlife Service, created by Reorg. Plan
No. III of 1940 was succeeded by United States Fish and
Wildlife Service established by act Aug. 8, 1956, ch. 1036,
§ 3, 70 Stat. 1119. See section 742b of this title.
EX. ORD. NO. 9634. ESTABLISHMENT OF FISHERY
CONSERVATION ZONES
Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 12305, provided
in pa
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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
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
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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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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
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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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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
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Federal law — U.S. Code and appendices · legal_authorities
This chapter shall cease to be in effect whenever the President finds and proclaims that the national economic emergency in relation to agriculture has been ended; and pending such time the President shall by proclamation terminate with respect to any basic agricultural commodity such provisions of this chapter as he finds are not requisite to carrying out the declared policy with respect to such commodity. In the case of sugar beets and sugarcane, the taxes provided by this chapter shall cease to be in effect, and the powers vested in the President or in the Secretary of Agriculture shall terminate on December 31, 1937 unless this chapter ceases to be in effect at an earlier date, as hereinabove provided. The Secretary of Agriculture shall make such investigations and reports thereon to the President as may be necessary to aid him in executing this section.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Additional commodities** — The term “additional commodities” means commodities made available under [section 7515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim) in addition to the commodities made available under sections 7502 and 7507 of this title.
(2) **Average monthly number of unemployed persons** — The term “average monthly number of unemployed persons” means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor.
(3) **Eligible recipient agency** — The term “eligible recipient agency” means a public or nonprofit organization that—
(A) administers—
(i) an emergency feeding organization;
(ii) a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons;
(iii) a summer camp for children, or a child nutrition program providing food service;
(iv) a nutrition project operating under the Older Americans Act of 1965 ([42 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3001&num=0&edition=prelim) et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or
(v) a disaster relief program;
(B) has been designated by the appropriate State agency, or by the Secretary; and
(C) has been approved by the Secretary for participation in the program established under this chapter.
(4) **Emergency feeding organization** — The term “emergency feeding organization
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