42 U.S.C. § 1790 — Breastfeeding promotion program

Page 5062 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1790 in the administration of the school breakfast programs authorized by this section. (Pub. L. 89–642, § 20, as added Pub. L. 95–561, title XIV, § 1408(b)(2), Nov. 1, 1978, 92 Stat. 2368; amended Pub. L. 99–500, title III, § 328(b), Oct. 18, 1986, 100 Stat. 1783–362, and Pub. L. 99–591, title III, § 328(b), Oct. 30, 1986, 100 Stat. 3341–365; Pub. L. 99–661, div. D, title II, § 4208(b), Nov. 14, 1986, 100 Stat. 4073.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 1986—Subsec. (d). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (d) identically, striking out ‘‘and for payment of the difference between the value of commodities and payments received from the Secretary of Agriculture and (1) the full cost of each breakfast for each student eligible for a free breakfast, and (2) the full cost of each breakfast, less any amounts required by law or regulation to be paid by each stu- dent eligible for a reduced-price breakfast’’ after ‘‘this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, and no provisions to be construed to impair or to prevent the taking of effect of any other Act providing for the transfer of the de- scribed functions to an executive department having responsibility for education, see section 1415 of Pub. L. 95–561, set out as a note under section 921 of Title 20, Education. § 1790. Breastfeeding promotion program (a) In general The Secretary, from amounts received under subsection (d), shall establish a breastfeeding promotion program to promote breastfeeding as the best method of infant nutrition, foster wider public acceptance of breastfeeding in the United States, and assist in the distribution of breastfeeding equipment to breastfeeding women. (b) Conduct of program In carrying out the program described in sub- section (a), the Secretary may— (1) develop or assist others to develop appro- priate educational materials, including public service announcements, promotional publica- tions, and press kits for the purpose of pro- moting breastfeeding; (2) distribute or assist others to distribute such materials to appropriate public and pri- vate individuals and entities; and (3) provide funds to public and private indi- viduals and entities, including physicians, health professional organizations, hospitals, community based health organizations, and employers, for the purpose of assisting such entities in the distribution of breastpumps and similar equipment to breastfeeding women. (c) Cooperative agreements The Secretary is authorized to enter into co- operative agreements with Federal agencies, State and local governments, and other entities to carry out the program described in subsection (a). (d) Gifts, bequests, and devises (1) In general The Secretary is authorized to solicit, ac- cept, use, and dispose of gifts, bequests, or de- vises of services or property, both real and personal, for the purpose of establishing and carrying out the program described in sub- section (a). Gifts, bequests, or devises of money and proceeds from the sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Secretary. (2) Criteria for acceptance The Secretary shall establish criteria for de- termining whether to solicit and accept gifts, bequests, or devises under paragraph (1), in- cluding criteria that ensure that the accept- ance of any gifts, bequests, or devises would not— (A) reflect unfavorably on the ability of the Secretary to carry out the Secretary’s responsibilities in a fair and objective man- ner; or (B) compromise, or appear to compromise, the integrity of any governmental program or any officer or employee involved in the program. (Pub. L. 89–642, § 21, as added Pub. L. 102–342, title II, § 201, Aug. 14, 1992, 106 Stat. 912.) § 1791. Bill Emerson Good Samaritan Food Dona- tion Act (a) Short title This section may be cited as the ‘‘Bill Emer- son Good Samaritan Food Donation Act’’. (b) Definitions As used in this section: (1) Apparently fit grocery product The term ‘‘apparently fit grocery product’’ means a grocery product that meets all qual- ity and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily mar- ketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (2) Apparently wholesome food The term ‘‘apparently wholesome food’’ means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appear- ance, age, freshness, grade, size, surplus, or other conditions. (3) Donate The term ‘‘donate’’ means to give without requiring anything of monetary value from the recipient, except that the term shall in- clude giving by a nonprofit organization to an- other nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price. (4) Food The term ‘‘food’’ means any raw, cooked, processed, or prepared edible substance, ice,