2013 US Code
Title 42 - The Public Health and Welfare
Chapter 13 - SCHOOL LUNCH PROGRAMS (§§ 1751 - 1769j)
Section 1754 - Nutrition promotion
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 13 - SCHOOL LUNCH PROGRAMS Sec. 1754 - Nutrition promotion |
Contains | section 1754 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | June 4, 1946, ch. 281, §5, as added Pub. L. 108-265, title I, §101, June 30, 2004, 118 Stat. 730. |
Statutes at Large References | 60 Stat. 231 66 Stat. 591 76 Stat. 587, 945 80 Stat. 885 91 Stat. 1332 95 Stat. 527 118 Stat. 730, 789, 2851 |
Public Law References | Public Law 87-688, Public Law 87-823, Public Law 89-642, Public Law 95-166, Public Law 97-35, Public Law 108-265, Public Law 108-447 |
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Subject to the availability of funds made available under subsection (g) of this section, the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(b) Total amount for each fiscal yearThe total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying—
(1) ½ cent; by
(2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs.
(c) Payments to States (1) AllocationSubject to paragraph (2), from the amount of funds available under subsection (g) of this section for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of—
(A) a uniform base amount established by the Secretary; or
(B) an amount determined by the Secretary, based on the ratio that—
(i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the State that participate in the food service programs; bears to
(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs.
(2) ReductionsThe Secretary shall reduce allocations to State agencies qualifying for an allocation under paragraph (1)(B), in a manner determined by the Secretary, to the extent necessary to ensure that the total amount of funds allocated under paragraph (1) is not greater than the amount appropriated under subsection (g) of this section.
(d) Use of payments (1) Use by State agenciesA State agency may reserve, to support dissemination and use of nutrition messages and material developed by the Secretary, up to—
(A) 5 percent of the payment received by the State for a fiscal year under subsection (c) of this section; or
(B) in the case of a small State (as determined by the Secretary), a higher percentage (as determined by the Secretary) of the payment.
(2) Disbursement to schools and institutionsSubject to paragraph (3), the State agency shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in subsection (a) of this section to disseminate and use nutrition messages and material developed by the Secretary.
(3) Summer food service program for childrenIn addition to any amounts reserved under paragraph (1), in the case of the summer food service program for children established under section 1761 of this title, the State agency may—
(A) retain a portion of the funds made available under subsection (c) of this section (as determined by the Secretary); and
(B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the Secretary.
(e) DocumentationA State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section.
(f) ReallocationThe Secretary may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the Secretary.
(g) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.
(June 4, 1946, ch. 281, §5, as added Pub. L. 108–265, title I, §101, June 30, 2004, 118 Stat. 730.)
REFERENCES IN TEXTThe Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, as amended, which is classified generally to chapter 13A (§1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables.
PRIOR PROVISIONSA prior section 1754, acts June 4, 1946, ch. 281, §5, 60 Stat. 231; July 12, 1952, ch. 699, §1(b), 66 Stat. 591; Sept. 25, 1962, Pub. L. 87–688, §3(a), 76 Stat. 587; Oct. 15, 1962, Pub. L. 87–823, §3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L. 95–166, §3, 91 Stat. 1332, related to amount, apportionment, etc., for food service equipment assistance, prior to repeal by Pub. L. 97–35, title VIII, §§805(a), 820(a)(4), Aug. 13, 1981, 95 Stat. 527, 534, effective Oct. 1, 1981.
EFFECTIVE DATEPub. L. 108–265, title V, §502, June 30, 2004, 118 Stat. 789, as amended by Pub. L. 108–447, div. A, title VII, §788(f), Dec. 8, 2004, 118 Stat. 2851, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
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