Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "42 U.S.C. § 1771"
description: "Congressional declaration of purpose"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "13A"
chapter_name: "CHILD NUTRITION"
section: "1771"
citation: "42 U.S.C. § 1771"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 42 U.S.C. § 1771 - Congressional declaration of purpose
## Text
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 Nations 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.
(Pub. L. 89642, § 2, Oct. 11, 1966, 80 Stat. 885.)
## Notes
Statutory Notes and Related Subsidiaries
Short Title of 2022 AmendmentPub. L. 117129, § 1, May 21, 2022, 136 Stat. 1225, provided that: “This Act [amending section 1786 of this title] may be cited as the Access to Baby Formula Act of 2022.”
Short Title of 2008 AmendmentPub. L. 110247, § 1, June 20, 2008, 122 Stat. 2314, provided that: “This Act [enacting section 1792 of this title and provisions set out as notes under section 1792 of this title] may be cited as the Federal Food Donation Act of 2008.”
Short Title of 1992 AmendmentsPub. L. 102512, § 1, Oct. 24, 1992, 106 Stat. 3363, provided that: “This Act [amending sections 1769, 1776, and 1786 of this title and enacting provisions set out as notes under this section and sections 1769 and 1786 of this title] may be cited as the Childrens Nutrition Assistance Act of 1992.” Pub. L. 102512, title I, § 101, Oct. 24, 1992, 106 Stat. 3363, provided that: “This title [amending sections 1769 and 1776 of this title and enacting provisions set out as a note under section 1769 of this title] may be cited as the Homeless Childrens Assistance Act of 1992.” Pub. L. 102512, title II, § 201, Oct. 24, 1992, 106 Stat. 3364, provided that: “This title [amending section 1786 of this title and enacting provisions set out as notes under section 1786 of this title] may be cited as the WIC Infant Formula Procurement Act of 1992.” Pub. L. 102314, § 1, July 2, 1992, 106 Stat. 280, provided that: “This Act [amending section 1786 of this title and enacting provisions set out as notes under section 1786 of this title] may be cited as the WIC Farmers Market Nutrition Act of 1992.”
Short TitlePub. L. 89642, § 1, Oct. 11, 1966, 80 Stat. 885, provided: “That this Act [enacting this chapter] may be cited as the Child Nutrition Act of 1966.”
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title: "42 U.S.C. § 1772"
description: "Special program to encourage the consumption of fluid milk by children; authorization of appropriations; eligibility for special milk program; minimum rate of reimbursement; ineligibility of commodity only schools"
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# 42 U.S.C. § 1772 - Special program to encourage the consumption of fluid milk by children; authorization of appropriations; eligibility for special milk program; minimum rate of reimbursement; ineligibility of commodity only schools
## Text
(a) (1) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1970, and for each succeeding fiscal year, such sums as may be necessary to enable the Secretary of Agriculture, under such rules and regulations as the Secretary may deem in the public interest, to encourage consumption of fluid milk by children in the United States in (A) nonprofit schools of high school grade and under, except as provided in paragraph (2), which do not participate in a meal service program authorized under this chapter or the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], and (B) nonprofit nursery schools, child-care centers, settlement houses, summer camps, and similar nonprofit institutions devoted to the care and training of children, which do not participate in a meal service program authorized under this chapter or the Richard B. Russell National School Lunch Act.
(2) The limitation imposed under paragraph (1)(A) for participation of nonprofit schools in the special milk program shall not apply to split-session kindergarten programs conducted in schools in which children do not have access to the meal service program operating in schools the children attend as authorized under this chapter or the Richard B. Russell National School Lunch Act.
(3) For the purposes of this section “United States” means the fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the District of Columbia.
(4) The Secretary shall administer the special milk program provided for by this section to the maximum extent practicable in the same manner as the Secretary administered the special milk program provided for by this chapter during the fiscal year ending June 30, 1969.
(5) Any school or nonprofit child care institution which does not participate in a meal service program authorized under this chapter or the Richard B. Russell National School Lunch Act shall receive the special milk program upon its request.
(6) Children who qualify for free lunches under guidelines set forth by the Secretary shall, at the option of the school involved (or of the local educational agency involved in the case of a public school) be eligible for free milk upon their request.
(7) For the fiscal year ending June 30, 1975, and for subsequent school years, the minimum rate of reimbursement for a half-pint of milk served in schools and other eligible institutions shall not be less than 5 cents per half-pint served to eligible children, and such minimum rate of reimbursement shall be adjusted on an annual basis each school year to reflect changes in the Producer Price Index for Fresh Processed Milk published by the Bureau of Labor Statistics of the Department of Labor.
(8) Such adjustment shall be computed to the nearest one-fourth cent.
(9) Notwithstanding any other provision of this section, in no event shall the minimum rate of reimbursement exceed the cost to the school or institution of milk served to children.
(10) The State educational agency shall disburse funds paid to the State during any fiscal year for purposes of carrying out the program under this section in accordance with such agreements approved by the Secretary as may be entered into by such State agency and the schools in the State. The agreements described in the preceding sentence shall be permanent agreements that may be amended as necessary. Nothing in the preceding sentence shall be construed to limit the ability of the State educational agency to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary.
(b) Commodity only schools shall not be eligible to participate in the special milk program under this section. For the purposes of the preceding sentence, the term “commodity only schools” means schools that do not participate in the school lunch program under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.
(Pub. L. 89642, § 3, Oct. 11, 1966, 80 Stat. 885; Pub. L. 91295, June 30, 1970, 84 Stat. 336; Pub. L. 93150, § 7, Nov. 7, 1973, 87 Stat. 563; Pub. L. 93347, § 3, July 12, 1974, 88 Stat. 341; Pub. L. 94105, § 15(a), Oct. 7, 1975, 89 Stat. 522; Pub. L. 95166, §§ 11, 20(1), (2), Nov. 10, 1977, 91 Stat. 1337, 1346; Pub. L. 95627, § 5(a), Nov. 10, 1978, 92 Stat. 3619; Pub. L. 96499, title II, § 209, Dec. 5, 1980, 94 Stat. 2602; Pub. L. 9735, title VIII, §§ 807, 813(c), Aug. 13, 1981, 95 Stat. 527, 530; Pub. L. 99500, title III, § 329, Oct. 18, 1986, 100 Stat. 1783362, and Pub. L. 99591, title III, § 329, Oct. 30, 1986, 100 Stat. 3341365; Pub. L. 99661, div. D, title II, § 4209, Nov. 14, 1986, 100 Stat. 4073; Pub. L. 101147, title II, § 211, title III, § 321, Nov. 10, 1989, 103 Stat. 911, 916; Pub. L. 104193, title VII, § 721, Aug. 22, 1996, 110 Stat. 2301; Pub. L. 10678, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsecs. (a)(1), (2), (5) and (b), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Codification Pub. L. 99591 is a corrected version of Pub. L. 99500.
Amendments1999—Pub. L. 10678 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” wherever appearing. 1996—Subsec. (a)(3). Pub. L. 104193 substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”. 1989—Subsec. (a). Pub. L. 101147, § 211(a), amended subsec. (a) as identically amended by Pub. L. 99591, § 329, and Pub. L. 99661, § 4209, to read as if only the amendment by Pub. L. 99661 was enacted, resulting in no change in text, see 1986 Amendment note below. Subsec. (a)(1). Pub. L. 101147, § 321(1), substituted “the Secretary” for “he” before “may deem”. Subsec. (a)(2). Pub. L. 101147, § 321(2), struck out “(42 U.S.C. 1751 et seq.)” after “National School Lunch Act”. Subsec. (a)(4). Pub. L. 101147, § 321(3), substituted “the Secretary” for “he”. Subsec. (a)(5). Pub. L. 101147, § 321(4), substituted “its” for “their” before “request”. Subsec. (a)(10). Pub. L. 101147, § 211(b), added par. (10). 1986—Subsec. (a). Pub. L. 99500, Pub. L. 99591, and Pub. L. 99661 amended subsec. (a) identically, designating existing provisions as pars. (1) and (3) to (9), in par. (1), redesignating former cls. (1) and (2) as subpars. (A) and (B) and inserting “except as provided in paragraph (2),” in subpar. (A), and adding par. (2). 1981—Subsec. (a). Pub. L. 9735, § 813(c)(1), designated existing provisions as subsec. (a). Pub. L. 9735, § 807, inserted provisions respecting nonparticipation in a meal service program, and struck out provisions relating to rate of reimbursement per half-pint of milk served to children not eligible for free milk in schools, child care institutions, and summer camps participating in meal service programs under the National School Lunch Act. Subsec. (b). Pub. L. 9735, § 813(c)(2), added subsec. (b). 1980—Pub. L. 96499 provided that rate of reimbursement per half-pint of milk, served to children not eligible for free milk in schools, child care institutions, and summer camps participating in meal service programs under the National School Lunch Act and this chapter was to be five cents. 1978—Pub. L. 95627 substituted “Producer Price Index for Fresh Processed Milk” for “series of food away from home of the Consumer Price Index”, and inserted provision relating to eligibility for free milk. 1977—Pub. L. 95166 provided free milk for children when milk is made available at times other than the periods of meal service in outlets that operate a food service program under sections 1753, 1766, and 1773 of this title, and substituted “school years” and “annual basis each school year” for “fiscal years” and “annual basis each fiscal year” and deleted “thereafter, beginning with the fiscal year ending June 30, 1976,” before “to reflect changes”. 1975—Pub. L. 94105 added the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands to definition of “United States”, and inserted provision relating to minimum rate of reimbursement to schools and institutions of the cost of milk served to children. 1974—Pub. L. 93347 substituted “such sums as may be necessary” for “, not to exceed $120,000,000,” in provision limiting the size of appropriations authorized and inserted provisions setting a minimum rate of reimbursement for a half-pint of milk served in schools and other eligible institutions and allowing for an annual adjustment of the minimum rate. 1973—Pub. L. 93150 inserted provisions making any school or nonprofit child care institution eligible to receive the special milk program upon their request and any children that qualify for free lunches under guidelines set forth by the Secretary also eligible for free milk. 1970—Pub. L. 91295 substituted provisions authorizing appropriations of not to exceed $120,000,000 for fiscal year ending June 30, 1970, and for each succeeding fiscal year, for provisions authorizing appropriations of not to exceed $110,000,000 for fiscal year ending June 30, 1967, not to exceed $115,000,000 for fiscal year ending June 30, 1968, and not to exceed $120,000,000 for each of two succeeding fiscal years, and provisions requiring Secretary to administer the special milk program provided for by this section in same manner as he administered the special milk program provided for by this chapter during fiscal year ending June 30, 1969, for provisions requiring the Secretary to administer such program in the same manner as he administered the special milk program provided for by Pub. L. 85478, as amended, during fiscal year ending June 30, 1966, and provided that Guam be subject to provisions of this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentsPub. L. 99661, div. D, title II, § 4209, Nov. 14, 1986, 100 Stat. 4073, provided that the amendment made by that section is effective Oct. 1, 1986. Pub. L. 99500, title III, § 329, Oct. 18, 1986, 100 Stat. 1783362, and Pub. L. 99591, title III, § 329, Oct. 30, 1986, 100 Stat. 3341365, provided that the amendment made by each such section is effective July 1, 1987.
Effective Date of 1981 AmendmentAmendment by section 807 of Pub. L. 9735 effective Oct. 1, 1981, and amendment by section 813 of Pub. L. 9735 effective 90 days after Aug. 13, 1981, see section 820(a)(3), (5) of Pub. L. 9735, set out as a note under section 1753 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95627 effective July 1, 1979, except as specifically provided, see section 14 of Pub. L. 95627, set out as a note under section 1755 of this title.
Effective Date of 1977 AmendmentPub. L. 95166, § 20, Nov. 10, 1977, 91 Stat. 1346, provided that the amendment made by that section is effective July 1, 1977.
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---
# 42 U.S.C. § 1774 - Disbursement directly to schools or institutions
## Text
(a) The Secretary shall withhold funds payable to a State under this chapter and disburse the funds directly to schools or institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
(b) If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
(Pub. L. 89642, § 5, as added Pub. L. 9735, title VIII, § 817(e), Aug. 13, 1981, 95 Stat. 532.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1774, Pub. L. 89642, § 5, Oct. 11, 1966, 80 Stat. 887; Pub. L. 91248, § 2, May 14, 1970, 84 Stat. 208; Pub. L. 92433, § 6(a)(d), Sept. 26, 1972, 86 Stat. 727; Pub. L. 93326, § 5, June 30, 1974, 88 Stat. 287; Pub. L. 94105, § 18, Oct. 7, 1975, 89 Stat. 525; Pub. L. 95166, §§ 4, 20(3), (4), Nov. 10, 1977, 91 Stat. 1332, 1346; Pub. L. 95627, § 6(b), Nov. 10, 1978, 92 Stat. 3620; Pub. L. 96499, title II, § 211, Dec. 5, 1980, 94 Stat. 2603, made provision for food service equipment assistance program, prior to repeal by Pub. L. 9735, § 805(b).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 9735, set out as an Effective Date of 1981 Amendment note under section 1753 of this title.
Report to Congress of Needs for Equipment To Be Submitted by June 30, 1973Pub. L. 92433, § 6(e), Sept. 26, 1972, 86 Stat. 729, directed Secretary, to assist Congress in determining amounts needed annually, to conduct a survey among States and school districts on unmet needs for equipment in schools eligible for assistance under former section 1774 of this title, results of such survey to be reported to Congress by June 30, 1973.
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# 42 U.S.C. § 1775 - Certification to Secretary of the Treasury of amounts to be paid to States
## Text
The Secretary shall certify to the Secretary of the Treasury from time to time the amounts to be paid to any State under sections 1772 through 1776 of this title and the time or times such amounts are to be paid; and the Secretary of the Treasury shall pay to the State at the time or times fixed by the Secretary the amounts so certified.
(Pub. L. 89642, § 6, Oct. 11, 1966, 80 Stat. 888.)
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title: "42 U.S.C. § 1777"
description: "Use in school breakfast program of food designated as being in abundance or food donated by the Secretary of Agriculture"
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# 42 U.S.C. § 1777 - Use in school breakfast program of food designated as being in abundance or food donated by the Secretary of Agriculture
## Text
Each school participating under section 1773 of this title shall, insofar as practicable, utilize in its program foods designated from time to time by the Secretary as being in abundance, either nationally or in the school area, or foods donated by the Secretary. Foods available under section 1431 of title 7 or purchased under section 612c or 1446a1 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. 89642, § 8, Oct. 11, 1966, 80 Stat. 888.)
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 1778 - Nonprofit programs
## Text
The food and milk service programs in schools and nonprofit institutions receiving assistance under this chapter shall be conducted on a nonprofit basis.
(Pub. L. 89642, § 9, Oct. 11, 1966, 80 Stat. 888.)
@@ -0,0 +1,87 @@
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# 42 U.S.C. § 1779 - Regulations
## Text
(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 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 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, 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, 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 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.
(Pub. L. 89642, § 10, Oct. 11, 1966, 80 Stat. 889; Pub. L. 91248, § 8, May 14, 1970, 84 Stat. 212; Pub. L. 92433, § 7, Sept. 26, 1972, 86 Stat. 729; Pub. L. 95166, § 17, Nov. 10, 1977, 91 Stat. 1345; Pub. L. 101147, title III, § 323, Nov. 10, 1989, 103 Stat. 916; Pub. L. 103448, title II, § 203, Nov. 2, 1994, 108 Stat. 4738; Pub. L. 104193, title VII, § 725, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 10678, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 111296, title II, § 208, Dec. 13, 2010, 124 Stat. 3221.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in text, is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Amendments2010—Pub. L. 111296 inserted subsec. (a) heading, added subsec. (b), and struck out former subsec. (b) which related to sale of competitive foods approved by the Secretary. 1999—Pub. L. 10678 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” wherever appearing. 1996—Subsec. (b). Pub. L. 104193 redesignated par. (1) as subsec. (b) and struck out pars. (2) to (4) which read as follows: “(2) The Secretary shall develop and provide to State agencies, for distribution to private elementary schools and to public elementary schools through local educational agencies, model language that bans the sale of competitive foods of minimal nutritional value anywhere on elementary school grounds before the end of the last lunch period. “(3) The Secretary shall provide to State agencies, for distribution to private secondary schools and to public secondary schools through local educational agencies, a copy of regulations (in existence on the effective date of this paragraph) concerning the sale of competitive foods of minimal nutritional value. “(4) Paragraphs (2) and (3) shall not apply to a State that has in effect a ban on the sale of competitive foods of minimal nutritional value in schools in the State.” 1994—Pub. L. 103448 designated existing provisions as subsecs. (a) to (c), realigned margins, and in subsec. (b) designated existing provisions as par. (1), substituted “The regulations” for “Such regulations”, and added pars. (2) to (4). 1989—Pub. L. 101147 substituted “the Secretary” for “he” before “may deem” in first sentence. 1977—Pub. L. 95166 inserted “approved by the Secretary” after “competitive foods”. 1972—Pub. L. 92433 inserted provision that regulations issued under the section shall not prohibit the sale of competitive foods in food service facilities or areas during the time of service of food if the proceeds from the sales of such foods inures to the benefit of the schools or organizations of students approved by the school. 1970—Pub. L. 91248 provided that regulations under this chapter and under the National School Lunch Act may include provisions relating to the service of food in participating schools and service institutions in competition with programs under this chapter and the National School Lunch Act, provided for transfer of funds by any State between programs authorized under this chapter and under the National School Lunch Act, and provided for a reserve of up to one percent of the funds available for apportionment to any State to carry out special development projects.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111296, set out as a note under section 1751 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103448 effective Oct. 1, 1994, see section 401 of Pub. L. 103448, set out as a note under section 1755 of this title.
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# 42 U.S.C. § 1780 - Prohibitions
## Text
(a) Interference with school personnel, curriculum, or instruction In carrying out the provisions of sections 1772 and 1773 of this title, the Secretary shall not impose any requirements with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction.
(b) Inclusion of assistance in determining income or resources The value of assistance to children under this chapter shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs. Expenditures of funds from State and local sources for the maintenance of food programs for children shall not be diminished as a result of funds received under this chapter.
(c) Federal law not applicable Section 1693o2 of title 15 shall not apply to electronic benefit transfer systems established under this chapter or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(Pub. L. 89642, § 11, Oct. 11, 1966, 80 Stat. 889; Pub. L. 9735, title VIII, § 819(f), Aug. 13, 1981, 95 Stat. 533; Pub. L. 104193, title VII, § 726, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 111203, title X, § 1075(d), July 21, 2010, 124 Stat. 2074.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (c), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Amendments2010—Subsec. (c). Pub. L. 111203 added subsec. (c). 1996—Subsec. (a). Pub. L. 104193 substituted “the Secretary shall not” for “neither the Secretary nor the State shall”. 1981—Subsec. (a). Pub. L. 9735 struck out reference to section 1774 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 820(a)(4) of Pub. L. 9735, set out as a note under section 1753 of this title.
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# 42 U.S.C. § 1781 - Preschool programs
## Text
The Secretary may extend the benefits of all school feeding programs conducted and supervised by the Department of Agriculture to include preschool programs operated as part of the school system.
(Pub. L. 89642, § 12, Oct 11, 1966, 80 Stat. 889.)
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# 42 U.S.C. § 1782 - Centralization in Department of Agriculture of administration of food service programs for children
## Text
Authority for the conduct and supervision of Federal programs to assist schools in providing food service programs for children is assigned to the Department of Agriculture. To the extent practicable, other Federal agencies administering programs under which funds are to be provided to schools for such assistance shall transfer such funds to the Department of Agriculture for distribution through the administrative channels and in accordance with the standards established under this chapter and the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.].
(Pub. L. 89642, § 13, Oct. 11, 1966, 80 Stat. 889; Pub. L. 10678, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in text, is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Amendments1999—Pub. L. 10678 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.
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# 42 U.S.C. § 1783 - Appropriations for administrative expense
## Text
There are hereby authorized to be appropriated for any fiscal year such sums as may be necessary to the Secretary for the Secretarys administrative expense under this chapter.
(Pub. L. 89642, § 14, Oct. 11, 1966, 80 Stat. 889; Pub. L. 101147, title III, § 324, Nov. 10, 1989, 103 Stat. 917.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 101147 inserted “Appropriations for administrative expense” as section catchline and substituted “are hereby” for “is hereby” and “the Secretarys” for “his”.
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# 42 U.S.C. § 1784 - Definitions
## Text
For the purposes of this chapter—
(1) “State” means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
(2) “State educational agency” means, as the State legislature may determine, (A) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (B) a board of education controlling the State department of education.
(3) “School” means (A) any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school, and (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor). For purposes of clauses (A) and (B) of this paragraph, the term “nonprofit”, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of title 26.
(4) “Secretary” means the Secretary of Agriculture.
(5) “School year” means the annual period from July 1 through June 30.
(6) Except as used in section 1786 of this title, the terms “child” and “children” as used in this chapter, shall be deemed to include persons regardless of age who are determined by the State educational agency, in accordance with regulations prescribed by the Secretary, to have 1 or more disabilities and who are attending any nonresidential public or nonprofit private school of high school grade or under for the purpose of participating in a school program established for individuals with disabilities.
(7) Disability.— The term “disability” has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).
(Pub. L. 89642, § 15, Oct. 11, 1966, 80 Stat. 889; Pub. L. 94105, §§ 15(c), 17(b), Oct. 7, 1975, 89 Stat. 522, 525; Pub. L. 95166, § 20(5), Nov. 10, 1977, 91 Stat. 1346; Pub. L. 95627, § 10(c), (d)(3), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 96499, title II, § 212, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 9735, title VIII, § 808(b), Aug. 13, 1981, 95 Stat. 527; Pub. L. 99500, title III, § 325(b), Oct. 18, 1986, 100 Stat. 1783361, and Pub. L. 99591, title III, § 325(b), Oct. 30, 1986, 100 Stat. 3341365; Pub. L. 99661, div. D, title II, § 4205(b), Nov. 14, 1986, 100 Stat. 4072; Pub. L. 10071, title I, § 101(b), July 11, 1987, 101 Stat. 430; Pub. L. 101147, title III, § 325, Nov. 10, 1989, 103 Stat. 917; Pub. L. 104193, title VII, § 727, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 105336, title I, § 107(j)(3)(D), Oct. 31, 1998, 112 Stat. 3153.)
## Notes
Editorial Notes
References in TextThe Rehabilitation Act of 1973, referred to in par. (7), is Pub. L. 93112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. Title II of the Act is classified generally to subchapter II (§ 760 et seq.) of chapter 16 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
Codification Pub. L. 99591 is a corrected version of Pub. L. 99500.
Amendments1998—Par. (6). Pub. L. 105336, § 107(j)(3)(D)(i), substituted “disabilities” for “mental or physical handicaps” in two places. Par. (7). Pub. L. 105336, § 107(j)(3)(D)(ii), added par. (7). 1996—Par. (1). Pub. L. 104193, § 727(1), substituted “the Commonwealth of the Northern Mariana Islands” for “Trust Territory of the Pacific Islands”. Par. (3). Pub. L. 104193, § 727(2), inserted “and” before “(B)” and struck out “, and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico” before “. For purposes of clauses (A) and (B)”. 1989—Pub. L. 101147 redesignated subsecs. (a) through (f) as pars. (1) through (6), respectively, in par. (2) redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in par. (3) substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text, and in par. (6) substituted “to have 1 or more mental or physical handicaps” for “to be mentally or physically handicapped” and “for individuals with mental or physical handicaps” for “for mentally or physically handicapped”. 1987—Subsec. (c). Pub. L. 10071 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “ School means (A) any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this subsection, the term nonprofit, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of title 26. On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.” 1986—Subsec. (c). Pub. L. 99661, § 4205(b)(2), inserted “On July 1, 1988, and on each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect the changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.” Subsec. (c)(A). Pub. L. 99500 and Pub. L. 99591, which directed the amendment of subpar. (A) by striking out “except private schools whose average yearly tuition exceeds $1,500 per child,” after “such school” was executed by striking out “except private schools whose average yearly tuition exceeds $2,000 per child,” after “such school” to reflect the probable intent of Congress and the intervening amendment of subpar. (A) by Pub. L. 99661, § 4205(b)(2). See below. Pub. L. 99661, § 4205(b)(1), substituted “$2,000” for “$1,500”. 1981—Subsec. (c). Pub. L. 9735 inserted exception for private schools whose average yearly tuition exceeds $1,500. 1980—Subsec. (c). Pub. L. 96499 inserted “, but excluding Job Corps Centers funded by the Department of Labor” after “mentally retarded”. 1978—Subsec. (e). Pub. L. 95627, § 10(c), substituted “from July 1 through June 30” for “determined in accordance with regulations issued by the Secretary”. Subsec. (f). Pub. L. 95627, § 10(d)(3), added subsec. (f). 1977—Subsec. (e). Pub. L. 95166 added subsec. (e). 1975—Subsec. (a). Pub. L. 94105, § 15(c), included Trust Territory of Pacific Islands in definition of “State”. Subsecs. (c) to (e). Pub. L. 94105, § 17(b), struck out subsec. (c) which defined “Nonprofit private school” as any private school exempt from income tax under section 501(c)(3) of title 26, redesignated subsecs. (d) and (e) as (c) and (d) respectively, and in subsec. (c) as so redesignated, inserted definition of “School” any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded), and provision defining “nonprofit” as an exemption under section 501(c)(3) of title 26.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105336 effective Oct. 1, 1998, see section 401 of Pub. L. 105336, set out as a note under section 1755 of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 10071 effective July 1, 1987, see section 101(c) of Pub. L. 10071, set out as a note under section 1760 of this title.
Effective Date of 1986 AmendmentsAmendment by section 4205(b)(1) of Pub. L. 99661 applicable for fiscal year beginning Oct. 1, 1986, and each school year thereafter, and amendment by section 4205(b)(2) of Pub. L. 99661 applicable for school year beginning July 1, 1988, and each school year thereafter, see section 4205(c) of Pub. L. 99661, set out as a note under section 1760 of this title. Amendment by Pub. L. 99500 and Pub. L. 99591 effective July 1, 1987, see section 325(c) of Pub. L. 99500 and Pub. L. 99591, set out as a note under section 1760 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 820(a)(3) of Pub. L. 9735, set out as a note under section 1753 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95627 effective Oct. 1, 1978, see section 14 of Pub. L. 95627, set out as a note under section 1755 of this title.
Effective Date of 1977 AmendmentPub. L. 95166, § 20, Nov. 10, 1977, 91 Stat. 1346, provided that the amendment made by that section is effective July 1, 1977.
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# 42 U.S.C. § 1785 - Accounts and records; availability for inspection; authority to settle, adjust, or waive claims
## Text
(a) States, State educational agencies, schools, and nonprofit institutions participating in programs under this chapter shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this chapter and the regulations hereunder. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of three years, as the Secretary determines is necessary.
(b) With regard to any claim arising under this chapter or under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.], the Secretary shall have the authority to determine the amount of, to settle and to adjust any such claim, and to compromise or deny such claim or any part thereof. The Secretary shall also have the authority to waive such claims if the Secretary determines that to do so would serve the purposes of either this chapter or the Richard B. Russell National School Lunch Act. Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28 to conduct litigation on behalf of the United States.
(Pub. L. 89642, § 16, Oct. 11, 1966, 80 Stat. 890; Pub. L. 9735, title VIII, § 816, Aug. 13, 1981, 95 Stat. 531; Pub. L. 104193, title VII, § 728, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 10678, title VII, § 752(b)(16), Oct. 22, 1999, 113 Stat. 1170.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (b), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Amendments1999—Subsec. (b). Pub. L. 10678 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” in two places. 1996—Subsec. (a). Pub. L. 104193 substituted “be available at any reasonable time” for “at all times be available”. 1981—Pub. L. 9735 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Aug. 13, 1981, see section 820(a)(7)(C), of Pub. L. 9735, set out as a note under section 1753 of this title.
Study of Cost Accounting RequirementsSecretary prohibited from delaying or withholding or causing any State to delay or withhold payments for reimbursement of per meal costs on the basis of noncompliance with full cost accounting procedure unless and until the Secretary has studied additional personnel and training needs of States, local school districts and schools resulting from imposition of requirement to implement full cost accounting procedures, see section 21 of Pub. L. 94105, set out as a note under section 1760 of this title.
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# 42 U.S.C. § 1787 - Repealed. Pub. L. 104193, title VII, § 730, Aug. 22, 1996, 110 Stat. 2305
## Notes
Section, Pub. L. 89642, § 18, as added Pub. L. 94105, § 23, Oct. 7, 1975, 89 Stat. 528, authorized appropriations and directed Secretary to make cash grants for nutrition education.
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# 42 U.S.C. § 1789 - Department of Defense overseas dependents schools
## Text
(a) Purpose of program; availability of payments and commodities For the purpose of obtaining Federal payments and commodities in conjunction with the provision of breakfasts to students attending Department of Defense dependents schools which are located outside the United States, its territories or possessions, the Secretary of Agriculture shall make available to the Department of Defense, from funds appropriated for such purpose, the same payments and commodities as are provided to States for schools participating in the school breakfast program in the United States.
(b) Administration of program; eligibility determinations and regulations The Secretary of Defense shall administer breakfast programs authorized by this section and shall determine eligibility for free and reduced-price breakfasts under the criteria published by the Secretary of Agriculture, except that the Secretary of Defense shall prescribe regulations governing computation of income eligibility standards for families of students participating in the school breakfast program under this section.
(c) Nutritional standards for meals; noncompliance with standards The Secretary of Defense shall be required to offer meals meeting nutritional standards prescribed by the Secretary of Agriculture; however, the Secretary of Defense may authorize deviations from Department of Agriculture prescribed meal patterns and fluid milk requirements when local conditions preclude strict compliance or when such compliance is highly impracticable.
(d) Authorization of appropriations Funds are hereby authorized to be appropriated for any fiscal year in such amounts as may be necessary for the administrative expenses of the Department of Defense under this section.
(e) Technical assistance for administration of program The Secretary of Agriculture shall provide the Secretary of Defense with technical assistance in the administration of the school breakfast programs authorized by this section.
(Pub. L. 89642, § 20, as added Pub. L. 95561, title XIV, § 1408(b)(2), Nov. 1, 1978, 92 Stat. 2368; amended Pub. L. 99500, title III, § 328(b), Oct. 18, 1986, 100 Stat. 1783362, and Pub. L. 99591, title III, § 328(b), Oct. 30, 1986, 100 Stat. 3341365; Pub. L. 99661, div. D, title II, § 4208(b), Nov. 14, 1986, 100 Stat. 4073.)
## Notes
Editorial Notes
Codification Pub. L. 99591 is a corrected version of Pub. L. 99500.
Amendments1986—Subsec. (d). Pub. L. 99500, Pub. L. 99591, and Pub. L. 99661 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 student eligible for a reduced-price breakfast” after “this section”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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 described functions to an executive department having responsibility for education, see section 1415 of Pub. L. 95561, set out as a note under section 921 of Title 20, Education.
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# 42 U.S.C. § 1790 - Breastfeeding promotion program
## Text
(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 subsection (a), the Secretary may—
(1) develop or assist others to develop appropriate educational materials, including public service announcements, promotional publications, and press kits for the purpose of promoting breastfeeding;
(2) distribute or assist others to distribute such materials to appropriate public and private individuals and entities; and
(3) provide funds to public and private individuals 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 cooperative 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, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of establishing and carrying out the program described in subsection (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 determining whether to solicit and accept gifts, bequests, or devises under paragraph (1), including criteria that ensure that the acceptance of any gifts, bequests, or devises would not—
(A) reflect unfavorably on the ability of the Secretary to carry out the Secretarys responsibilities in a fair and objective manner; or
(B) compromise, or appear to compromise, the integrity of any governmental program or any officer or employee involved in the program.
(Pub. L. 89642, § 21, as added Pub. L. 102342, title II, § 201, Aug. 14, 1992, 106 Stat. 912.)
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# 42 U.S.C. § 1791 - Bill Emerson Good Samaritan Food Donation Act
## Text
(a) Short title This section may be cited as the “Bill Emerson 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 quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable 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 appearance, 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 include giving by a nonprofit organization to another 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, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(5) Gleaner The term “gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.
(6) Good Samaritan reduced price The term “good Samaritan reduced price” means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product.
(7) Grocery product The term “grocery product” means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.
(8) Gross negligence The term “gross negligence” means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.
(9) Intentional misconduct The term “intentional misconduct” means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.
(10) Nonprofit organization The term “nonprofit organization” means an incorporated or unincorporated entity that—
(A) is operating for religious, charitable, or educational purposes; and
(B) does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.
(11) Person The term “person” means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity.
(12) Qualified direct donor The term “qualified direct donor” means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in section 1002 of title 20).
(c) Liability for damages from donated food and grocery products (1) Liability of person or gleaner A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals at zero cost or at a good Samaritan reduced price.
(2) Liability of nonprofit organization A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals at zero cost or at a good Samaritan reduced price.
(3) Direct donations to needy individuals A qualified direct donor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith to a needy individual at zero cost.
(4) Exception Paragraphs (1), (2), and (3) shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the person, gleaner, or nonprofit organization, as applicable, constituting gross negligence or intentional misconduct.
(d) Collection or gleaning of donations A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals shall not be subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this paragraph shall not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.
(e) Partial compliance If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed by Federal, State, and local laws and regulations, the person or gleaner who donates the food and grocery products shall not be subject to civil or criminal liability in accordance with this section if the nonprofit organization that receives the donated food or grocery products—
(1) is informed by the donor of the distressed or defective condition of the donated food or grocery products;
(2) agrees to recondition the donated food or grocery products to comply with all the quality and labeling standards prior to distribution; and
(3) is knowledgeable of the standards to properly recondition the donated food or grocery product.
(f) Construction This section shall not be construed to create any liability. Nothing in this section shall be construed to supercede State or local health regulations.
(Pub. L. 89642, § 22, formerly Pub. L. 101610, title IV, § 402, Nov. 16, 1990, 104 Stat. 3183; renumbered § 22 and amended Pub. L. 104210, § 1(a)(2), (b), Oct. 1, 1996, 110 Stat. 3011, 3012; Pub. L. 117362, § 1, Jan. 5, 2023, 136 Stat. 6295.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 12672 of this title prior to renumbering by Pub. L. 104210.
Amendments2023—Subsec. (b)(3). Pub. L. 117362, § 1(1)(A), inserted “or is charged a good Samaritan reduced price” before period at end. Subsec. (b)(6) to (11). Pub. L. 117362, § 1(1)(B), (C), added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively. Subsec. (b)(12). Pub. L. 117362, § 1(1)(D), added par. (12). Subsec. (c)(1), (2). Pub. L. 117362, § 1(2)(A), inserted “at zero cost or at a good Samaritan reduced price” after “needy individuals”. Subsec. (c)(3). Pub. L. 117362, § 1(2)(C), added par. (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 117362, § 1(2)(B), (D), redesignated par. (3) as (4) and substituted “, (2), and (3)” for “and (2)”. 1996—Pub. L. 104210, § 1(a)(2)(A), substituted “Bill Emerson” for “Model” in section catchline. Subsec. (a). Pub. L. 104210, § 1(a)(2)(B), inserted “Bill Emerson” before “Good”. Subsec. (b)(7). Pub. L. 104210, § 1(a)(2)(C), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term gross negligence means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person.” Subsec. (c). Pub. L. 104210, § 1(a)(2)(D), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals, except that this paragraph shall not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.” Subsec. (f). Pub. L. 104210, § 1(a)(2)(E), inserted at end “Nothing in this section shall be construed to supercede State or local health regulations.”
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# 42 U.S.C. § 1792 - Promoting Federal food donation
## Text
(a) In general Not later than 180 days after June 20, 2008, the Federal Acquisition Regulation issued in accordance with section 1303 of title 41 shall be revised to provide that all contracts above $25,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that—
(1) encourages the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; and
(2) states the terms and conditions described in subsection (b).
(b) Terms and conditions (1) Costs In any case in which a contractor enters into a contract with an executive agency under which apparently wholesome food is donated to food-insecure people in the United States, the head of the executive agency shall not assume responsibility for the costs and logistics of collecting, transporting, maintaining the safety of, or distributing excess, apparently wholesome food to food-insecure people in the United States under this section.
(2) Liability An executive agency (including an executive agency that enters into a contract with a contractor) and any contractor making donations pursuant to this section shall be exempt from civil and criminal liability to the extent provided under section 1791 of this title.
(Pub. L. 110247, § 4, June 20, 2008, 122 Stat. 2314.)
## Notes
Editorial Notes
References in TextThis section, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 110247, June 20, 2008, 122 Stat. 2314, which enacted this section and provisions set out as notes under this section and section 1771 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 1771 of this title and Tables.
Codification Section was enacted as part of the Federal Food Donation Act of 2008, and not as part of the Child Nutrition Act of 1966 which comprises this chapter. In subsec. (a), “section 1303 of title 41” substituted for “section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Statutory Notes and Related Subsidiaries
PurposePub. L. 110247, § 2, June 20, 2008, 122 Stat. 2314, provided that: “The purpose of this Act [enacting this section and provisions set out as notes under this section and section 1771 of this title] is to encourage executive agencies and contractors of executive agencies, to the maximum extent practicable and safe, to donate excess, apparently wholesome food to feed food-insecure people in the United States.”
DefinitionsPub. L. 110247, § 3, June 20, 2008, 122 Stat. 2314, provided that: “In this Act [enacting this section and provisions set out as notes under this section and section 1771 of this title]: “(1) Apparently wholesome food.—The term apparently wholesome food has the meaning given the term in section 2(b) [probably means subsec. (b)] of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)). “(2) Excess.—The term excess, when applied to food, means food that—“(A) is not required to meet the needs of executive agencies; and “(B) would otherwise be discarded. “(3) Food-insecure.—The term food-insecure means inconsistent access to sufficient, safe, and nutritious food. “(4) Nonprofit organization.—The term nonprofit organization means any organization that is—“(A) described in section 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)]; and “(B) exempt from tax under section 501(a) of that Code [26 U.S.C. 501(a)].”
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# 42 U.S.C. § 1793 - Grants for expansion of school breakfast programs
## Text
(a) Definition of qualifying school In this section, the term “qualifying school” means a school in severe need, as described in section 1773(d)(1) of this title.
(b) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this section, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to State educational agencies for the purpose of providing subgrants to local educational agencies for qualifying schools to establish, maintain, or expand the school breakfast program in accordance with this section.
(c) Grants to State educational agencies (1) Application To be eligible to receive a grant under this section, a State educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2) Administration In carrying out this section, the Secretary shall—
(A) develop an appropriate competitive application process; and
(B) make information available to State educational agencies concerning the availability of funds under this section.
(3) Allocation The amount of grants provided by the Secretary to State educational agencies for a fiscal year under this section shall not exceed the lesser of—
(A) the product obtained by multiplying—
(i) the number of qualifying schools receiving subgrants or other benefits under subsection (d) for the fiscal year; and
(ii) the maximum amount of a subgrant provided to a qualifying school under subsection (d)(4)(B); or
(B) $2,000,000.
(d) Subgrants to qualifying schools (1) In general A State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to local educational agencies for a qualifying school or groups of qualifying schools to carry out activities in accordance with this section.
(2) Priority In awarding subgrants under this subsection, a State educational agency shall give priority to local educational agencies with qualifying schools in which at least 75 percent of the students are eligible for free or reduced price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(3) State and district training and technical support A local educational agency or State educational agency may allocate a portion of each subgrant to provide training and technical assistance to the staff of qualifying schools to carry out the purposes of this section.
(4) Amount; term (A) In general Except as otherwise provided in this paragraph, a subgrant provided by a State educational agency to a local educational agency or qualifying school under this section shall be in such amount, and shall be provided for such term, as the State educational agency determines appropriate.
(B) Maximum amount The amount of a subgrant provided by a State educational agency to a local educational agency for a qualifying school or a group of qualifying schools under this subsection shall not exceed $10,000 for each school year.
(C) Maximum grant term A local educational agency or State educational agency shall not provide subgrants to a qualifying school under this subsection for more than 2 fiscal years.
(e) Best practices (1) In general Prior to awarding grants under this section, the Secretary shall make available to State educational agencies information regarding the most effective mechanisms by which to increase school breakfast participation among eligible children at qualifying schools.
(2) Preference In awarding subgrants under this section, a State educational agency shall give preference to local educational agencies for qualifying schools or groups of qualifying schools that have adopted, or provide assurances that the subgrant funds will be used to adopt, the most effective mechanisms identified by the Secretary under paragraph (1).
(f) Use of funds (1) In general A qualifying school may use a grant provided under this section—
(A) to establish, promote, or expand a school breakfast program of the qualifying school under this section, which shall include a nutritional education component;
(B) to extend the period during which school breakfast is available at the qualifying school;
(C) to provide school breakfast to students of the qualifying school during the school day; or
(D) for other appropriate purposes, as determined by the Secretary.
(2) Requirement Each activity of a qualifying school under this subsection shall be carried out in accordance with applicable nutritional guidelines and regulations issued by the Secretary.
(g) Maintenance of effort Grants made available under this section shall not diminish or otherwise affect the expenditure of funds from State and local sources for the maintenance of the school breakfast program.
(h) Reports Not later than 18 months following the end of a school year during which subgrants are awarded under this section, the Secretary shall submit to Congress a report describing the activities of the qualifying schools awarded subgrants.
(i) Evaluation Not later than 180 days before the end of a grant term under this section, a local educational agency that receives a subgrant under this section shall—
(1) evaluate whether electing to provide universal free breakfasts under the school breakfast program in accordance with Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), would be cost-effective for the qualified schools based on estimated administrative savings and economies of scale; and
(2) submit the results of the evaluation to the State educational agency.
(j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2010 through 2015.
(Pub. L. 89642, § 23, as added Pub. L. 111296, title I, § 105, Dec. 13, 2010, 124 Stat. 3201.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (d)(2), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.