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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 13. SCHOOL LUNCH PROGRAMS |
§ 1755. Direct expenditures for agricultural commodities and other foods
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(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 et seq.], other than section 3 thereof [42 U.S.C. 1772] 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 et seq.]; (2) the amount apportioned by the Secretary pursuant to section 1753 of this title 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 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 et seq.], other than section 3 [42 U.S.C. 1772], which per centum is hereby made available to the Secretary to supplement the nutritional benefits of these programs through grants to States and other means for nutritional training and education for workers, cooperators, and participants in these programs, for pilot projects and the cash-in-lieu of commodities study required to be carried out under section 1769 of this title, and for necessary surveys and studies of requirements for food service programs in furtherance of the purposes expressed in section 1751 of this title, and section 2 of the Child Nutrition Act of 1966 [42 U.S.C. 1771], shall be available to the Secretary during such year for direct expenditure by the Secretary for agricultural commodities and other foods to be distributed among the States and schools and service institutions participating in the food service programs under this chapter and under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] in accordance with the needs as determined by the local school and service institution authorities. Except as provided in the next 2 sentences, any school participating in food service programs under this chapter may refuse to accept delivery of not more than 20 percent of the total value of agricultural commodities and other foods tendered to it in any school year; and if a school so refuses, that school may receive, in lieu of the refused commodities, other commodities to the extent that other commodities are available to the State during that year. Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vegetables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the preceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence. The provisions of law contained in the proviso of section 713c of title 15, facilitating operations with respect to the purchase and disposition of surplus agricultural commodities under section 612c of title 7, shall, to the extent not inconsistent with the provision of this chapter, also be applicable to expenditures of funds by the Secretary under this chapter. In making purchases of such agricultural commodities and other foods, the Secretary shall not issue specifications which restrict participation of local producers unless such specifications will result in significant advantages to the food service programs authorized by this chapter and the Child Nutrition Act of 1966. (b) Delivery of commodities The Secretary shall deliver, to each State participating in the school lunch program under this chapter, commodities valued at the total level of assistance authorized under subsection (c) of this section for each school year for the school lunch program in the State, not later than September 30 of the following school year.
(c) Level of commodity assistance; computation of index; calculation of total assistance to each State; emphasis on high protein foods; per meal value of donated foods (1) (A) The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, adjusted on July 1, 1982 , and each July 1 thereafter to reflect changes in the Price Index for Food Used in Schools and Institutions. The Index shall be computed using 5 major food components in the Bureau of Labor Statistics’ Producer Price Index (cereal and bakery products, meats, poultry and fish, dairy products, processed fruits and vegetables, and fats and oils). Each component shall be weighed using the same relative weight as determined by the Bureau of Labor Statistics.(B) The value of food assistance for each meal shall be adjusted each July 1 by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. Such adjustment shall be computed to the nearest ¼ cent. (C) For each school year, the total commodity assistance or cash in lieu thereof available to a State for the school lunch program shall be calculated by multiplying the number of lunches served in the preceding school year by the rate established by subparagraph (B). After the end of each school year, the Secretary shall reconcile the number of lunches served by schools in each State with the number of lunches served by schools in each State during the preceding school year and increase or reduce subsequent commodity assistance or cash in lieu thereof provided to each State based on such reconciliation. (D) Among those commodities delivered under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates (which may include domestic seafood commodities and their products). (E) Notwithstanding any other provision of this section, not less than 75 percent of the assistance provided under this subsection shall be in the form of donated foods for the school lunch program. (2) To the maximum extent feasible, each State agency shall offer to each school food authority under its jurisdiction that participates in the school lunch program and receives commodities, agricultural commodities and their products, the per meal value of which is not less than the national average value of donated foods established under paragraph (1). Each such offer shall include the full range of such commodities and products that are available from the Secretary to the extent that quantities requested are sufficient to allow efficient delivery to and within the State. (d) Termination of commodity assistance based upon school breakfast program Beginning with the school year ending
June 30, 1981 , the Secretary shall not offer commodity assistance based upon the number of breakfasts served to children under section 4 of the Child Nutrition Act of 1966 [42 U.S.C. 1773].(e) Minimum percentage of commodity assistance (1) Subject to paragraph (2), in each school year the Secretary shall ensure that not less than 12 percent of the assistance provided under section 1753 of this title, this section, and section 1759a of this title shall be in the form of— (A) commodity assistance provided under this section, including cash in lieu of commodities and administrative costs for procurement of commodities under this section; or (B) during the period beginning October 1, 2003 , and endingSeptember 30, 2020 , commodities provided by the Secretary under any provision of law.(2) If amounts available to carry out the requirements of the sections described in paragraph (1) are insufficient to meet the requirement contained in paragraph (1) for a school year, the Secretary shall, to the extent necessary, use the authority provided under section 1762a(a) of this title to meet the requirement for the school year. (f) Pilot project for procurement of unprocessed fruits and vegetables (1) In general The Secretary shall conduct a pilot project under which the Secretary shall facilitate the procurement of unprocessed fruits and vegetables in not more than 8 States receiving funds under this chapter.
(2) Purpose The purpose of the pilot project required by this subsection is to provide selected States flexibility for the procurement of unprocessed fruits and vegetables by permitting each State— (A) to utilize multiple suppliers and products established and qualified by the Secretary; and (B) to allow geographic preference, if desired, in the procurement of the products under the pilot project. (3) Selection and participation (A) In general The Secretary shall select States for participation in the pilot project in accordance with criteria established by the Secretary and terms and conditions established for participation.
(B) Requirement The Secretary shall ensure that at least 1 project is located in a State in each of— (i) the Pacific Northwest Region; (ii) the Northeast Region; (iii) the Western Region; (iv) the Midwest Region; and (v) the Southern Region. (4) Priority In selecting States for participation in the pilot project, the Secretary shall prioritize applications based on— (A) the quantity and variety of growers of local fruits and vegetables in the States on a per capita basis; (B) the demonstrated commitment of the States to farm-to-school efforts, as evidenced by prior efforts to increase and promote farm-to-school programs in the States; and (C) whether the States contain a sufficient quantity of local educational agencies, various population sizes, and geographical locations. (5) Recordkeeping and reporting requirements (A) Recordkeeping requirement States selected to participate in the pilot project, and participating school food authorities within those States, shall keep records of the fruits and vegetables received under the pilot project in such manner and form as requested by the Secretary.
(B) Reporting requirement Each participating State shall submit to the Secretary a report on the success of the pilot project in the State, including information on— (i) the quantity and cost of each type of fruit and vegetable received by the State under the pilot project; and (ii) the benefit provided by those procurements in conducting school food service in the State, including meeting school meal requirements.
References In Text
The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642,
Subsection (c) of this section, referred to in subsec. (b), was repealed and subsec. (e) was redesignated (c) by Pub. L. 105–336, title I, § 101(a),
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
2014—Subsec. (f). Pub. L. 113–79 added subsec. (f).
2010—Subsec. (e)(1)(B). Pub. L. 111–296 substituted “2020” for “2010”.
2009—Subsec. (e)(1)(B). Pub. L. 111–80 substituted “2010” for “2009”.
2002—Subsec. (e)(1)(B). Pub. L. 107–171 substituted “2003” for “2001”.
2000—Subsec. (e)(1)(B). Pub. L. 106–224 substituted “2001” for “2000”.
1999—Subsec. (e)(1). Pub. L. 106–170 designated existing provisions as introductory provisions and subpar. (A) and added subpar. (B).
1998—Subsecs. (c) to (g). Pub. L. 105–336 redesignated subsecs. (e) to (g) as (c) to (e), respectively, and struck out former subsecs. (c) and (d) which read as follows:
“(c) Notwithstanding any other provision of law, the Secretary, until such time as a supplemental appropriation may provide additional funds for the purpose of subsection (b) of this section, shall use funds appropriated by section 612c of title 7 to make any payments to States authorized under such subsection. Any section 612c of title 7 funds utilized to make such payments shall be reimbursed out of any supplemental appropriation hereafter enacted for the purpose of carrying out subsection (b) of this section and such reimbursement shall be deposited into the fund established pursuant to section 612c of title 7 to be available for the purpose of said section 612c of title 7.
“(d) Any funds made available under subsection (b) or (c) of this section shall not be subject to the State matching provisions of section 1756 of this title.”
1994—Subsec. (a). Pub. L. 103–448, § 101, substituted in second sentence “Except as provided in the next 2 sentences, any school” for “Any school” and inserted after second sentence “Any school food authority may refuse some or all of the fresh fruits and vegetables offered to the school food authority in any school year and shall receive, in lieu of the offered fruits and vegetables, other more desirable fresh fruits and vegetables that are at least equal in value to the fresh fruits and vegetables refused by the school food authority. The value of any fresh fruits and vegetables refused by a school under the preceding sentence for a school year shall not be used to determine the 20 percent of the total value of agricultural commodities and other foods tendered to the school food authority in the school year under the second sentence.”
Subsec. (b). Pub. L. 103–448, § 102, amended subsec. (b) generally. Prior to amendment, subsec. (b) related to cash donations in lieu of commodity donations during school year for school food service programs and withholding of funds for States administered by Secretary for disbursement to participating schools to be used to purchase commodities and other food for their food service programs.
Subsec. (g). Pub. L. 103–448, § 103, added subsec. (g).
1989—Subsec. (a). Pub. L. 101–147, § 302, substituted “the Secretary’s” for “his” in par. (1), substituted “the Secretary” for “him” in par. (2), and, in concluding provisions, substituted “expenditure by the Secretary” for “expenditure by him” and made technical amendments to the references to section 713c of title 15 and section 612c of title 7 involving underlying provisions of original act and requiring no change in text.
Subsec. (e)(1). Pub. L. 101–147, § 131(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, adjusted on
Subsec. (e)(2). Pub. L. 101–147, § 131(a)(2), substituted “To the maximum extent feasible, each State agency” for “Each State agency”.
1988—Subsec. (e). Pub. L. 100–237 designated existing provisions as par. (1) and added par. (2).
1986—Subsecs. (a)(3), (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, amended section identically, in subsec. (a)(3), making technical amendment to reference to section 1769 of this title to reflect renumbering of corresponding section of original act and, in subsec. (b), substituting “June 1” for “May 15” and “July 1” for “June 15”.
1981—Subsec. (a)(2). Pub. L. 97–35, § 819(h), struck out references to section 1754 of this title, and section 5 of the Child Nutrition Act of 1966.
Subsec. (e). Pub. L. 97–35, § 802, substituted provisions requiring value to be set at 11 cents, as adjusted on
1980—Subsec. (f). Pub. L. 96–499 added subsec. (f).
1978—Subsec. (e). Pub. L. 95–627, § 5(b), substituted provision relating to Price Index for Food Used in Schools and Institutions for provision relating to Consumer Price Index.
Pub. L. 95–627, § 12(a), which provided for inserting “(which may include domestic seafood commodities and their products)” after “alternatives” was executed by inserting that parenthetical after “alternates” as the probable intent of Congress.
1977—Subsec. (a). Pub. L. 95–166, §§ 7, 10(1), inserted provision which authorized refusal of commodities and receipt of other commodities available to State, in lieu of refused commodities, and in cl. (3) authorized grants for pilot projects and cash-in-lieu of commodities study required to be carried out under section 1769 of this title.
Subsec. (b). Pub. L. 95–166, § 5, in revising subsec. (b), changed commodity distribution program to a school year from a fiscal year basis, and among other changes, extended deadline for estimated valuation and payment to May 15 and June 15 from February 15 and March 15, and struck out provision respecting apportionment among State educational agencies on basis of meals served in all the States during the fiscal year and specific reference to regulations of the Department of Agriculture under title 7, subtitle (b), chapter II, subchapter (a), parts 210 and 220.
Subsec. (e). Pub. L. 95–166, § 19(a), substituted “school years” and “school year after
1975—Subsec. (a). Pub. L. 94–105, § 11(a), inserted provision prohibiting issuance of specifications in purchase of agricultural commodities and other foods unless such specifications result in significant advantages to the authorized food service programs.
Subsec. (b). Pub. L. 94–105, § 4, substituted references to all schools of States for references to only nonprofit private schools of States in provisions covering Secretary’s direct administration of school food service programs.
Subsec. (e). Pub. L. 94–105, § 11(b), inserted provision mandating that not less than 75 per centum of assistance under this subsection shall be in form of donated foods for the school lunch program.
1974—Subsec. (e). Pub. L. 93–326 added subsec. (e).
1973—Subsec. (a). Pub. L. 93–13 designated existing provisions as subsec. (a).
Subsec. (b). Pub. L. 93–150, in revising text to make provisions applicable each fiscal year rather than only for fiscal year ending
Pub. L. 93–13 added subsec. (b).
Subsec. (c). Pub. L. 93–150 reenacted provisions without change.
Pub. L. 93–13 added subsec. (c).
Subsec. (d). Pub. L. 93–150 reenacted provisions without change.
Pub. L. 93–13 added subsec. (d).
1970—Pub. L. 91–248 increased amount authorized for administrative expenses by 3½ percent of the amount appropriated to carry out this chapter and the Child Nutrition Act of 1966, other than section 1772 of this title, made such amount available for the Secretary’s administrative expenses, authorized use of up to 1 percent of the funds appropriated for this chapter and the Child Nutrition Act of 1966, other than section 1772 of this title, for nutritional training and education and studies of food service requirements in connection with those programs, reduced, to the extent funds were used for administrative expenses other than for this chapter or nutritional training or education or studies, the share of this chapter’s appropriations which may be used for direct expenditure by the Secretary for agricultural commodities and other foods, and authorized distribution of such foods to schools and service institutions participating in food service programs under this chapter and the Child Nutrition Act of 1966.
1968—Pub. L. 90–302 inserted “except section 1761 of this title” after “The funds appropriated for any fiscal year for carrying out the provisions of this chapter,”.
1962—Pub. L. 87–823 substituted “, less the amount apportioned by him pursuant to sections 1753, 1754, and 1759 of this title, and less the amount appropriated pursuant to section 1759a of this title” for “and less the amount apportioned to him pursuant to sections 1753, 1754, and 1759 of this title”.
Effective Date Of Amendment
Amendment by Pub. L. 111–296 effective
Pub. L. 107–171, title IV, § 4301(b),
Pub. L. 105–336, title IV, § 401,
Pub. L. 103–448, title IV, § 401,
Pub. L. 101–147, title I, § 131(c),
Amendment by sections 802 and 819(h) of Pub. L. 97–35 effective
Pub. L. 95–627, § 14,
Pub. L. 95–166, § 19,
Miscellaneous
Pub. L. 96–499, title II, § 202(a),
Pub. L. 93–13, § 1,