§ 1758. — Program requirements.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC1758]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 13--SCHOOL LUNCH PROGRAMS
Sec. 1758. Program requirements
(a) Nutritional standards; medical and special dietary needs of
individual students; compliance assistance; fluid milk;
acceptance of offered foods
(1)(A) Lunches served by schools participating in the school lunch
program under this chapter shall meet minimum nutritional requirements
prescribed by the Secretary on the basis of tested nutritional research,
except that the minimum nutritional requirements--
(i) shall not be construed to prohibit the substitution of foods
to accommodate the medical or other special dietary needs of
individual students; and
(ii) shall, at a minimum, be based on the weekly average of the
nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and training,
including technical assistance and training in the preparation of lower-
fat versions of foods commonly used in the school lunch program under
this chapter, to schools participating in the school lunch program to
assist the schools in complying with the nutritional requirements
prescribed by the Secretary pursuant to subparagraph (A) and in
providing appropriate meals to children with medically certified special
dietary needs. The Secretary shall provide additional technical
assistance to schools that are having difficulty maintaining compliance
with the requirements.
(2) Lunches served by schools participating in the school lunch
program under this chapter--
(A) shall offer students fluid milk; and
(B) shall offer students a variety of fluid milk consistent with
prior year preferences unless the prior year preference for any such
variety of fluid milk is less than 1 percent of the total milk
consumed at the school.
(3) Students in senior high schools that participate in the school
lunch program under this chapter (and, when approved by the local school
district or nonprofit private schools, students in any other grade
level) shall not be required to accept offered foods they do not intend
to consume, and any such failure to accept offered foods shall not
affect the full charge to the student for a lunch meeting the
requirements of this subsection or the amount of payments made under
this chapter to any such school for such lunch.
(b) Income eligibility guidelines for free and reduced price school
lunches; duty of Secretary; time to prescribe; relationship to
other poverty guidelines; revision; publication; application,
verification and approval; use or disclosure of eligibility
information; maximum reduced price; nondiscrimination or
identification of recipients
(1)(A) Not later than June 1 of each fiscal year, the Secretary
shall prescribe income guidelines for determining eligibility for free
and reduced price lunches during the 12-month period beginning July 1 of
such fiscal year and ending June 30 of the following fiscal year. The
income guidelines for determining eligibility for free lunches shall be
130 percent of the applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the Office of Management
and Budget, as adjusted annually in accordance with subparagraph (B).
The income guidelines for determining eligibility for reduced price
lunches for any school year shall be 185 percent of the applicable
family size income levels contained in the nonfarm income poverty
guidelines prescribed by the Office of Management and Budget, as
adjusted annually in accordance with subparagraph (B). The Office of
Management and Budget guidelines shall be revised at annual intervals,
or at any shorter interval deemed feasible and desirable.
(B) The revision required by subparagraph (A) of this paragraph
shall be made by multiplying--
(i) the official poverty line (as defined by the Office of
Management and Budget); by
(ii) the percentage change in the Consumer Price Index during
the annual or other interval immediately preceding the time at which
the adjustment is made.
Revisions under this subparagraph shall be made not more than 30 days
after the date on which the consumer price index data required to
compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under paragraph
(1) of this subsection of the income eligibility guidelines for each
school year, each State educational agency shall announce the income
eligibility guidelines, by family size, to be used by schools in the
State in making determinations of eligibility for free and reduced price
lunches. Local school authorities shall, each year, publicly announce
the income eligibility guidelines for free and reduced price lunches on
or before the opening of school.
(B) Applications for free and reduced price lunches, in such form as
the Secretary may prescribe or approve, and any descriptive material,
shall be distributed to the parents or guardians of children in
attendance at the school, and shall contain only the family size income
levels for reduced price meal eligibility with the explanation that
households with incomes less than or equal to these values would be
eligible for free or reduced price lunches. Such forms and descriptive
material may not contain the income eligibility guidelines for free
lunches.
(C)(i) Except as provided in clause (ii), each eligibility
determination shall be made on the basis of a complete application
executed by an adult member of the household. The Secretary, State, or
local food authority may verify any data contained in such application.
A local school food authority shall undertake such verification of
information contained in any such application as the Secretary may by
regulation prescribe and, in accordance with such regulations, shall
make appropriate changes in the eligibility determination with respect
to such application on the basis of such verification.
(ii) Subject to clause (iii), any school food authority may certify
any child as eligible for free or reduced price lunches or breakfasts,
without further application, by directly communicating with the
appropriate State or local agency to obtain documentation of such
child's status as a member of--
(I) a household that is receiving food stamps under the Food
Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; or
(II) a family that is receiving assistance under the State
program funded under part A of title IV of the Social Security Act
[42 U.S.C. 601 et seq.] that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995.
(iii) The use or disclosure of any information obtained from an
application for free or reduced price meals, or from a State or local
agency referred to in clause (ii), shall be limited to--
(I) a person directly connected with the administration or
enforcement of this chapter or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), or a regulation issued pursuant to either this
chapter or such Act;
(II) a person directly connected with the administration or
enforcement of--
(aa) a Federal education program;
(bb) a State health or education program administered by the
State or local educational agency (other than a program carried
out under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.)); or
(cc) a Federal, State, or local means-tested nutrition
program with eligibility standards comparable to the program
under this section;
(III)(aa) the Comptroller General of the United States for audit
and examination authorized by any other provision of law; and
(bb) notwithstanding any other provision of law, a Federal,
State, or local law enforcement official for the purpose of
investigating an alleged violation of any program covered by
paragraph (1) or this paragraph; and
(IV) a person directly connected with the administration of the
State medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) or the State children's health insurance
program under title XXI of that Act (42 U.S.C. 1397aa et seq.)
solely for the purpose of identifying children eligible for benefits
under, and enrolling children in, such programs, except that this
subclause shall apply only to the extent that the State and the
school food authority so elect.
(iv) Information provided under clause (iii)(II) shall be limited to
the income eligibility status of the child for whom application for free
or reduced price meal benefits was made or for whom eligibility
information was provided under clause (ii), unless the consent of the
parent or guardian of the child for whom application for benefits was
made is obtained.
(v) A person described in clause (iii) who publishes, divulges,
discloses, or makes known in any manner, or to any extent not authorized
by Federal law (including a regulation), any information obtained under
this subsection shall be fined not more than $1,000 or imprisoned not
more than 1 year, or both.
(vi) Requirements for waiver of confidentiality.--A State that
elects to exercise the option described in clause (iii)(IV) shall ensure
that any school food authority acting in accordance with that option--
(I) has a written agreement with the State or local agency or
agencies administering health insurance programs for children under
titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et
seq. and 1397aa et seq.) that requires the health agencies to use
the information obtained under clause (iii) to seek to enroll
children in those health insurance programs; and
(II)(aa) notifies each household, the information of which shall
be disclosed under clause (iii), that the information disclosed will
be used only to enroll children in health programs referred to in
clause (iii)(IV); and
(bb) provides each parent or guardian of a child in the
household with an opportunity to elect not to have the information
disclosed.
(vii) Use of disclosed information.--A person to which information
is disclosed under clause (iii)(IV) shall use or disclose the
information only as necessary for the purpose of enrolling children in
health programs referred to in clause (iii)(IV).
(D) Free and reduced price policy statement.--After the initial
submission, a school food authority shall not be required to submit a
free and reduced price policy statement to a State educational agency
under this chapter unless there is a substantive change in the free and
reduced price policy of the school food authority. A routine change in
the policy of a school food authority, such as an annual adjustment of
the income eligibility guidelines for free and reduced price meals,
shall not be sufficient cause for requiring the school food authority to
submit a policy statement.
(3) Any child who is a member of a household whose income, at the
time the application is submitted, is at an annual rate which does not
exceed the applicable family size income level of the income eligibility
guidelines for free lunches, as determined under paragraph (1), shall be
served a free lunch. Any child who is a member of a household whose
income, at the time the application is submitted, is at an annual rate
greater than the applicable family size income level of the income
eligibility guidelines for free lunches, as determined under paragraph
(1), but less than or equal to the applicable family size income level
of the income eligibility guidelines for reduced price lunches, as
determined under paragraph (1), shall be served a reduced price lunch.
The price charged for a reduced price lunch shall not exceed 40 cents.
(4) No physical segregation of or other discrimination against any
child eligible for a free lunch or a reduced price lunch under this
subsection shall be made by the school nor shall there by \1\ any overt
identification of any child by special tokens or tickets, announced or
published lists of names, or by other means.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``be''.
---------------------------------------------------------------------------
(5) Any child who has a parent or guardian who (A) is responsible
for the principal support of such child and (B) is unemployed shall be
served a free or reduced price lunch, respectively, during any period
(i) in which such child's parent or guardian continues to be unemployed
and (ii) the income of the child's parents or guardians during such
period of unemployment falls within the income eligibility criteria for
free lunches or reduced price lunches, respectively, based on the
current rate of income of such parents or guardians. Local school
authorities shall publicly announce that such children are eligible for
a free or reduced price lunch, and shall make determinations with
respect to the status of any parent or guardian of any child under
clauses (A) and (B) of the preceding sentence on the basis of a
statement executed in such form as the Secretary may prescribe by such
parent or guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch under this
paragraph shall be made by the school nor shall there be any overt
identification of any such child by special tokens or tickets, announced
or published lists of names, or by any other means.
(6)(A) A child shall be considered automatically eligible for a free
lunch and breakfast under this chapter and the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), respectively, without further application
or eligibility determination, if the child is--
(i) a member of a household receiving assistance under the food
stamp program authorized under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.);
(ii) a member of a family (under the State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.))that the Secretary determines complies with standards
established by the Secretary that ensure that the standards under
the State program are comparable to or more restrictive than those
in effect on June 1, 1995; or
(iii) enrolled as a participant in a Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et seq.), on the
basis of a determination that the child is a member of a family that
meets the low-income criteria prescribed under section 645(a)(1)(A)
of the Head Start Act (42 U.S.C. 9840(a)(1)(A)).
(B) Proof of receipt of food stamps or assistance under the State
program funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) that the Secretary determines complies with
standards established by the Secretary that ensure that the standards
under the State program are comparable to or more restrictive than those
in effect on June 1, 1995, or of enrollment or participation in a Head
Start program on the basis described in subparagraph (A)(iii), shall be
sufficient to satisfy any verification requirement imposed under
paragraph (2)(C).
(7) Exclusion of certain military housing allowances.--For each of
fiscal years 2002 and 2003, the amount of a basic allowance provided
under section 403 of title 37 on behalf of a member of a uniformed
service for housing that is acquired or constructed under subchapter IV
of chapter 169 of title 10, or any related provision of law, shall not
be considered to be income for the purpose of determining the
eligibility of a child who is a member of the household of the member of
a uniformed service for free or reduced price lunches under this
chapter.
(c) Operation on nonprofit basis; donation of agricultural commodities
School lunch programs under this chapter shall be operated on a
nonprofit basis. Commodities purchased under the authority of section
612c 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 the school lunch program under this chapter as well as to
other schools carrying out nonprofit school lunch programs and
institutions authorized to receive such commodities. The requirements of
this section relating to the service of meals without cost or at a
reduced cost shall apply to the lunch program of any school utilizing
commodities donated under any provision of law.
(d) Social Security numbers and other documentation required as
condition of eligibility
(1) The Secretary shall require as a condition of eligibility for
receipt of free or reduced price lunches that the member of the
household who executes the application furnish the social security
account number of the parent or guardian who is the primary wage earner
responsible for the care of the child for whom the application is made,
or that of another appropriate adult member of the child's household, as
determined by the Secretary. The Secretary shall require that social
security account numbers of all adult members of the household be
provided if verification of the data contained in the application is
sought under subsection (b)(2)(C) of this section.
(2) No member of a household may be provided a free or reduced price
lunch under this chapter unless--
(A) appropriate documentation relating to the income of such
household (as prescribed by the Secretary) has been provided to the
appropriate local school food authority so that such authority may
calculate the total income of such household;
(B) documentation showing that the household is participating in
the food stamp program under the Food Stamp Act of 1977 [7 U.S.C.
2011 et seq.] has been provided to the appropriate local school food
authority; or
(C) documentation has been provided to the appropriate local
school food authority showing that the family is receiving
assistance under the State program funded under part A of title IV
of the Social Security Act [42 U.S.C. 601 et seq.] that the
Secretary determines complies with standards established by the
Secretary that ensure that the standards under the State program are
comparable to or more restrictive than those in effect on June 1,
1995.
(e) Limitation on meal contracting
A school or school food authority participating in a program under
this chapter may not contract with a food service company to provide a
la carte food service unless the company agrees to offer free, reduced
price, and full-price reimbursable meals to all eligible children.
(f) Nutritional requirements
(1) Nutritional requirements.--Except as provided in paragraph (2),
not later than the first day of the 1996-1997 school year, schools that
are participating in the school lunch or school breakfast program shall
serve lunches and breakfasts under the program that--
(A) are consistent with the goals of the most recent Dietary
Guidelines for Americans published under section 5341 of title 7;
and
(B) provide, on the average over each week, at least--
(i) with respect to school lunches, \1/3\ of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the National
Academy of Sciences; and
(ii) with respect to school breakfasts, \1/4\ of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the National
Academy of Sciences.
(2) State educational agencies may grant waivers from the
requirements of paragraph (1) subject to criteria established by the
appropriate State educational agency. The waivers shall not permit
schools to implement the requirements later than July 1, 1998, or a
later date determined by the Secretary.
(3) To assist schools in meeting the requirements of this
subsection, the Secretary--
(A) shall--
(i) develop, and provide to schools, standardized recipes,
menu cycles, and food product specification and preparation
techniques; and
(ii) provide to schools information regarding nutrient
standard menu planning, assisted nutrient standard menu
planning, and food-based menu systems; and
(B) may provide to schools information regarding other
approaches, as determined by the Secretary.
(4) Use of any reasonable approach.--
(A) In general.--A school food service authority may use any
reasonable approach, within guidelines established by the Secretary
in a timely manner, to meet the requirements of this subsection,
including--
(i) using the school nutrition meal pattern in effect for
the 1994-1995 school year; and
(ii) using any of the approaches described in paragraph (3).
(B) Nutrient analysis.--The Secretary may not require a school
to conduct or use a nutrient analysis to meet the requirements of
this subsection.
(5) Waiver of requirement for weighted averages for nutrient
analysis.--During the period ending on September 30, 2003, the Secretary
shall not require the use of weighted averages for nutrient analysis of
menu items and foods offered or served as part of a meal offered or
served under the school lunch program under this chapter or the school
breakfast program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773).
(g) Justification of production records; paperwork reduction
Not later than 1 year after November 2, 1994, the Secretary shall
provide a notification to Congress that justifies the need for
production records required under section 210.10(b) of title 7, Code of
Federal Regulations, and describes how the Secretary has reduced
paperwork relating to the school lunch and school breakfast programs.
(h) Food safety inspections
(1) In general
Except as provided in paragraph (2), a school participating in
the school lunch program under this chapter or the school breakfast
program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) shall, at least once during each school year, obtain a
food safety inspection conducted by a State or local governmental
agency responsible for food safety inspections.
(2) Exception
Paragraph (1) shall not apply to a school if a food safety
inspection of the school is required by a State or local
governmental agency responsible for food safety inspections.
(i) Single permanent agreement between State agency and school food
authority; common claims form
(1) In general
If a single State agency administers any combination of the
school lunch program under this chapter, the school breakfast
program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), the summer food service program for children under
section 1761 of this title, or the child and adult care food program
under section 1766 of this title, the agency shall--
(A) require each school food authority to submit to the
State agency a single agreement with respect to the operation by
the authority of the programs administered by the State agency;
and
(B) use a common claims form with respect to meals and
supplements served under the programs administered by the State
agency.
(2) Additional requirement
The agreement described in paragraph (1)(A) shall be a permanent
agreement that may be amended as necessary.
(j) Purchases of locally produced foods
(1) In general
The Secretary shall--
(A) encourage institutions participating in the school lunch
program under this chapter and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773) to purchase, in addition to other food purchases,
locally produced foods for school meal programs, to the maximum
extent practicable and appropriate;
(B) advise institutions participating in a program described
in subparagraph (A) of the policy described in that subparagraph
and post information concerning the policy on the website
maintained by the Secretary; and
(C) in accordance with requirements established by the
Secretary, provide startup grants to not more than 200
institutions to defray the initial costs of equipment,
materials, and storage facilities, and similar costs, incurred
in carrying out the policy described in subparagraph (A).
(2) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this
subsection $400,000 for each of fiscal years 2003 through 2007,
to remain available until expended.
(B) Limitation
No amounts may be made available to carry out this
subsection unless specifically provided by an appropriation Act.
(June 4, 1946, ch. 281, Sec. 9, 60 Stat. 233; Pub. L. 90-302, Sec. 2(b),
May 8, 1968, 82 Stat. 117; Pub. L. 91-248, Sec. 6(a), (b), (d), (e), May
14, 1970, 84 Stat. 210; Pub. L. 92-153, Sec. 5, Nov. 5, 1971, 85 Stat.
420; Pub. L. 92-433, Sec. 5, Sept. 26, 1972, 86 Stat. 726; Pub. L. 93-
150, Sec. 9, Nov. 7, 1973, 87 Stat. 564; Pub. L. 93-326, Sec. 4, June
30, 1974, 88 Stat. 286; Pub. L. 94-105, Sec. 6, Oct. 7, 1975, 89 Stat.
512; Pub. L. 95-166, Sec. 8, Nov. 10, 1977, 91 Stat. 1335; Pub. L. 95-
627, Sec. 8, Nov. 10, 1978, 92 Stat. 3622; Pub. L. 97-35, title VIII,
Secs. 803(a), (b), 811, Aug. 13, 1981, 95 Stat. 524, 525, 529; Pub. L.
99-500, title III, Secs. 322-324, Oct. 18, 1986, 100 Stat. 1783-361, and
Pub. L. 99-591, title III, Secs. 322-324, Oct. 30, 1986, 100 Stat. 3341-
364; Pub. L. 99-661, div. D, title II, Secs. 4202-4204, Nov. 14, 1986,
100 Stat. 4072; Pub. L. 100-356, Sec. 1, June 28, 1988, 102 Stat. 669;
Pub. L. 101-147, title I, Sec. 101, title II, Sec. 202(a)(1), (2)(A),
(b), title III, Secs. 305, 312(1), (2), Nov. 10, 1989, 103 Stat. 878,
908, 914, 916; Pub. L. 103-448, title I, Secs. 105(a), 106-109(a), 110,
Nov. 2, 1994, 108 Stat. 4701-4705; Pub. L. 104-149, Sec. 2, May 29,
1996, 110 Stat. 1379; Pub. L. 104-193, title I, Sec. 109(g), title VII,
Secs. 702, 703, Aug. 22, 1996, 110 Stat. 2170, 2288, 2289; Pub. L. 105-
336, title I, Sec. 102, Oct. 31, 1998, 112 Stat. 3144; Pub. L. 106-224,
title II, Sec. 242(a), June 20, 2000, 114 Stat. 411; Pub. L. 107-171,
title IV, Secs. 4302(a), 4303, May 13, 2002, 116 Stat. 330, 331.)
References in Text
The Food Stamp Act of 1977, referred to in subsecs.
(b)(2)(C)(ii)(I), (6)(A)(i) and (d)(2)(B), is Pub. L. 88-525, Aug. 31,
1964, 78 Stat. 703, as amended, which is classified generally to chapter
51 (Sec. 2011 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out
under section 2011 of Title 7 and Tables.
The Social Security Act, referred to in subsecs. (b)(2)(C)(ii)(II),
(iii)(II)(bb), (IV), (vi)(I), (6)(A)(ii), (B) and (d)(2)(C), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV, title
XIX, and title XXI of the Act are classified generally to part A
(Sec. 601 et seq.) of subchapter IV, subchapter XIX (Sec. 1396 et seq.),
and subchapter XXI (Sec. 1397aa et seq.), respectively, of chapter 7 of
this title. For complete classification of this Act to the Code, see
section 1305 of this title and Tables.
The Child Nutrition Act of 1966, referred to in subsec.
(b)(2)(C)(iii)(I), (6)(A), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat.
885, as amended, which is classified generally to chapter 13A (Sec. 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.
The Head Start Act, referred to in subsec. (b)(6)(A)(iii), is
subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of
Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is
classified generally to subchapter II (Sec. 9831 et seq.) of chapter 105
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 9801 of this title and Tables.
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
2002--Subsec. (b)(7). Pub. L. 107-171, Sec. 4302(a), added par. (7).
Subsec. (j). Pub. L. 107-171, Sec. 4303, added subsec. (j).
2000--Subsec. (b)(2)(C)(iii)(IV). Pub. L. 106-224, Sec. 242(a)(1),
added subcl. (IV).
Subsec. (b)(2)(C)(vi), (vii). Pub. L. 106-224, Sec. 242(a)(2), added
cls. (vi) and (vii).
1998--Subsec. (f)(2). Pub. L. 105-336, Sec. 102(a)(1), substituted
``paragraph (1)'' for ``subparagraph (A)''.
Subsec. (f)(3), (4). Pub. L. 105-336, Sec. 102(a)(2), substituted
``this subsection'' for ``this paragraph'' wherever appearing.
Subsec. (f)(5). Pub. L. 105-336, Sec. 102(b), added par. (5).
Subsec. (h). Pub. L. 105-336, Sec. 102(c), added subsec. (h).
Subsec. (i). Pub. L. 105-336, Sec. 102(d), added subsec. (i).
1996--Subsec. (a)(2). Pub. L. 104-193, Sec. 702(a)(1), redesignated
par. (2)(A) as (2) and cls. (i) and (ii) of former subpar. (A) as
subpars. (A) and (B), respectively, and struck out former subpar. (B)
which read as follows:
``(B)(i) The Secretary shall purchase in each calendar year to carry
out the school lunch program under this chapter, and the school
breakfast program under section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), lowfat cheese on a bid basis in a quantity that is the
milkfat equivalent of the quantity of milkfat the Secretary estimates
the Commodity Credit Corporation will purchase each calendar year as a
result of the elimination of the requirement that schools offer students
fluid whole milk and fluid unflavored lowfat milk, based on data
provided by the Director of Office of Management and Budget.
``(ii) Not later than 30 days after the Secretary provides an
estimate required under clause (i), the Director of the Congressional
Budget Office shall provide to the appropriate committees of Congress a
report on whether the Director concurs with the estimate of the
Secretary.
``(iii) The quantity of lowfat cheese that is purchased under this
subparagraph shall be in addition to the quantity of cheese that is
historically purchased by the Secretary to carry out school feeding
programs. The Secretary shall take such actions as are necessary to
ensure that purchases under this subparagraph shall not displace
commercial purchases of cheese by schools.''
Subsec. (a)(3), (4). Pub. L. 104-193, Sec. 702(a)(2), (3),
redesignated par. (4) as (3) and struck out former par. (3) which read
as follows: ``The Secretary shall establish, in cooperation with State
educational agencies, administrative procedures, which shall include
local educational agency and student participation, designed to diminish
waste of foods which are served by schools participating in the school
lunch program under this chapter without endangering the nutritional
integrity of the lunches served by such schools.''
Subsec. (b)(2)(C)(ii)(II). Pub. L. 104-193, Sec. 109(g)(1)(A),
substituted ``State program funded'' for ``program for aid to families
with dependent children'' and inserted before period at end ``that the
Secretary determines complies with standards established by the
Secretary that ensure that the standards under the State program are
comparable to or more restrictive than those in effect on June 1,
1995''.
Subsec. (b)(2)(D). Pub. L. 104-193, Sec. 703, added subpar. (D).
Subsec. (b)(6)(A)(ii). Pub. L. 104-193, Sec. 109(g)(1)(B)(i),
substituted ``a family (under the State program funded'' for ``an AFDC
assistance unit (under the aid to families with dependent children
program authorized'' and ``that the Secretary determines complies with
standards established by the Secretary that ensure that the standards
under the State program are comparable to or more restrictive than those
in effect on June 1, 1995'' for ``, in a State where the standard of
eligibility for the assistance does not exceed 130 percent of the
poverty line (as defined in section 9902(2) of this title)''.
Subsec. (b)(6)(B). Pub. L. 104-193, Sec. 109(g)(1)(B)(ii),
substituted ``assistance under the State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.) that the
Secretary determines complies with standards established by the
Secretary that ensure that the standards under the State program are
comparable to or more restrictive than those in effect on June 1, 1995''
for ``aid to families with dependent children''.
Subsec. (c). Pub. L. 104-193, Sec. 702(b)(2), struck out ``Each
school shall, insofar as practicable, utilize in its lunch program
commodities designated from time to time by the Secretary as being in
abundance, either nationally or in the school area or commodities
donated by the Secretary.'' after ``operated on a nonprofit basis.'',
``The Secretary is authorized to prescribe terms and conditions
respecting the use of commodities donated under such section 612c of
title 7, under section 1431 of title 7 and under section 1446a-1 of
title 7, as will maximize the nutritional and financial contributions of
such donated commodities in such schools and institutions.'' after
``authorized to receive such commodities.'', and ``None of the
requirements of this section in respect to the amount for `reduced cost'
meals and to eligibility for meals without cost shall apply to schools
(as defined in section 1760(d)(6) of this title which are private and
nonprofit as defined in the last sentence of section 1760(d)(6) of this
title) which participate in the school lunch program under this chapter
until such time as the State educational agency, or in the case of such
schools which participate under the provisions of section 1759 of this
title the Secretary certifies that sufficient funds from sources other
than children's payments are available to enable such schools to meet
these requirements.'' at end.
Pub. L. 104-193, Sec. 702(b)(1), substituted ``provision of law''
for ``of the provisions of law referred to in the preceding sentence''
in fifth sentence.
Subsec. (d)(2)(C). Pub. L. 104-193, Sec. 109(g)(2), substituted
``State program funded'' for ``program for aid to families with
dependent children'' and inserted before period at end ``that the
Secretary determines complies with standards established by the
Secretary that ensure that the standards under the State program are
comparable to or more restrictive than those in effect on June 1,
1995''.
Subsec. (f). Pub. L. 104-193, Sec. 702(c)(1)-(3), struck out ``(2)''
designation before ``(A) Except as provided'', redesignated subpars. (A)
to (D) as pars. (1) to (4), respectively, and struck out former par. (1)
which read as follows: ``Not later than the first day of the 1996-97
school year, the Secretary, State educational agencies, schools, and
school food service authorities shall, to the maximum extent
practicable, inform students who participate in the school lunch and
school breakfast programs, and parents and guardians of the students,
of--
``(A) the nutritional content of the lunches and breakfasts that
are served under the programs; and
``(B) the consistency of the lunches and breakfasts with the
guidelines contained in the most recent `Dietary Guidelines for
Americans' that is published under section 5341 of title 7 (referred
to in this subsection as the `Guidelines'), including the
consistency of the lunches and breakfasts with the guideline for fat
content.''
Subsec. (f)(1). Pub. L. 104-193, Sec. 702(c)(4), added par. (1) and
struck out former par. (1), as redesignated by Pub. L. 104-193,
Sec. 702(c)(3), which read as follows: ``Except as provided in
subparagraph (B), not later than the first day of the 1996-97 school
year, schools that are participating in the school lunch or school
breakfast program shall serve lunches and breakfasts under the programs
that are consistent with the Guidelines (as measured in accordance with
subsection (a)(1)(A)(ii) of this section and section 4(e)(1)).''
Subsec. (f)(2)(D). Pub. L. 104-149 added subpar. (D) and struck out
former subpar. (D) which read as follows: ``Schools may use any of the
approaches described in subparagraph (C) to meet the requirements of
this paragraph. In the case of schools that elect to use food-based menu
systems to meet the requirements of this paragraph, the Secretary may
not require the schools to conduct or use nutrient analysis.''
Subsec. (f)(3). Pub. L. 104-193, Sec. 702(c)(5), redesignated cls.
(i) and (ii) as subpars. (A) and (B), respectively, and subcls. (I) and
(II) of subpar. (A) as cls. (i) and (ii), respectively.
Subsec. (f)(4). Pub. L. 104-193, Sec. 702(c)(6), redesignated cls.
(i) and (ii) as subpars. (A) and (B), respectively, in subpar. (A),
redesignated subcls. (I) and (II) as cls. (i) and (ii), respectively,
and in subpar. (A)(ii), substituted ``paragraph (3)'' for ``subparagraph
(C)''.
Subsec. (h). Pub. L. 104-193, Sec. 702(d), struck out subsec. (h)
which read as follows: ``In carrying out this chapter and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), a State educational
agency may use resources provided through the nutrition education and
training program authorized under section 19 of the Child Nutrition Act
of 1966 (42 U.S.C. 1788) for training aimed at improving the quality and
acceptance of school meals.''
1994--Subsec. (a)(1). Pub. L. 103-448, Secs. 105(a), 106(a),
designated existing provisions as subpar. (A) and cl. (i) of subpar. (A)
and added cl. (ii) of subpar. (A) and subpar. (B).
Subsec. (a)(2). Pub. L. 103-448, Sec. 107, amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``Lunches
served by schools participating in the school lunch program under this
chapter shall offer students fluid whole milk and fluid unflavored
lowfat milk.''
Subsec. (b)(2)(C)(iii) to (v). Pub. L. 103-448, Sec. 108, added cls.
(iii) to (v) and struck out former cl. (iii), which read as follows:
``School food service authorities shall only use information obtained
under clause (ii) for the purpose of determining eligibility for
participation in programs under this chapter and the Child Nutrition Act
of 1966.''
Subsec. (b)(6)(A). Pub. L. 103-448, Sec. 109(a)(1), struck out ``a
member of'' after ``if the child is'' in introductory provisions,
inserted ``a member of'' after ``(i)'' and ``(ii)'', and added cl.
(iii).
Subsec. (b)(6)(B). Pub. L. 103-448, Sec. 109(a)(2), inserted ``, or
of enrollment or participation in a Head Start program on the basis
described in subparagraph (A)(iii),'' after ``aid to families with
dependent children''.
Subsecs. (f) to (h). Pub. L. 103-448, Secs. 106(b), (c), 110, added
subsecs. (f) to (h).
1989--Subsec. (a). Pub. L. 101-147, Sec. 101(a), amended subsec.
(a), as amended identically by Pub. L. 99-500 and 99-591, Sec. 322, and
Pub. L. 99-661, Sec. 4202, to read as if only the amendment by Pub. L.
99-661 was enacted, resulting in no change in text, see 1986 Amendment
note below.
Subsec. (a)(1). Pub. L. 101-147, Sec. 312(1), substituted ``school
lunch'' for ``school-lunch''.
Subsec. (a)(2). Pub. L. 101-147, Sec. 101(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``In addition
to such other forms of milk as the Secretary may determine, the lunches
shall offer whole milk as a beverage.''
Subsec. (b). Pub. L. 101-147, Secs. 305(b)(1), 312(2), substituted
``reduced price'' for ``reduced-price'' and ``family size'' for
``family-size'' wherever appearing.
Pub. L. 101-147, Sec. 202(a)(1), (2)(A), amended subsec. (b), as
amended identically by Pub. L. 99-500 and Pub. L. 99-591, Sec. 323, and
Pub. L. 99-661, Sec. 4203, and as amended by Pub. L. 100-356, Sec. 1, to
read as if only the amendment by Pub. L. 99-661 was enacted, and further
amended subsec. (b) identically to the amendments that were made by Pub.
L. 100-356, Sec. 1, resulting in no change in text, see 1986 and 1988
Amendment notes below.
Subsec. (b)(2)(C). Pub. L. 101-147, Sec. 202(b)(1), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
``Eligibility determinations shall be made on the basis of a complete
application executed by an adult member of the household. The Secretary,
States, and local school food authorities may seek verification of the
data contained in the application. Local school food authorities shall
undertake such verification of the information contained in these
applications as the Secretary may by regulation prescribe and, in
accordance with such regulations, make appropriate changes in the
eligibility determinations on the basis of such verification.''
Subsec. (c). Pub. L. 101-147, Secs. 305(b)(2), 312(1), substituted
``School lunch'' for ``School-lunch'', substituted ``school lunch'' for
``school-lunch'' wherever appearing, and made technical amendments to
the references to sections 612c, 1431, and 1446a-1 of title 7 involving
underlying provisions of original act and requiring no change in text.
Subsec. (d)(1). Pub. L. 101-147, Secs. 202(b)(2)(A), 312(2),
substituted ``reduced price'' for ``reduced-price'' and ``number of the
parent or guardian who is the primary wage earner responsible for the
care of the child for whom the application is made, or that of another
appropriate adult member of the child's household, as determined by the
Secretary. The Secretary shall require that social security account
numbers of all adult members of the household be provided if
verification of the data contained in the application is sought under
subsection (b)(2)(C) of this section.'' for ``numbers of all adult
members of the household of which such person is a member.''
Subsec. (d)(2). Pub. L. 101-147, Sec. 312(2), substituted ``reduced
price'' for ``reduced-price''.
Subsec. (d)(2)(A). Pub. L. 101-147, Sec. 202(b)(2)(B)(i), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``appropriate documentation, as prescribed by the Secretary, of the
income of such household has been provided to the appropriate local
school food authority; or''.
Subsec. (d)(2)(C). Pub. L. 101-147, Sec. 202(b)(2)(B)(ii), (iii),
added subpar. (C).
Subsec. (e). Pub. L. 101-147, Sec. 312(2), substituted ``reduced
price'' for ``reduced-price''.
Pub. L. 101-147, Sec. 305(a), amended subsec. (e), as amended
identically by Pub. L. 99-500 and Pub. L. 99-591, Sec. 324, and Pub. L.
99-661, Sec. 4204, to read as if only the amendment by Pub. L. 99-661
was enacted, resulting in no change in text, see 1986 Amendment note
below.
1988--Subsec. (b)(1)(A). Pub. L. 100-356 substituted ``The'' for
``For the school years ending June 30, 1982, and June 30, 1983, the'' in
second sentence and struck out provisions which equated income
guidelines for determining eligibility for free lunches with gross
income eligibility standards for participation in food stamp program.
1986--Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec. 322, and
Pub. L. 99-661, Sec. 4202, amended subsec. (a) identically, designating
existing provisions as pars. (1), (3), and (4) and adding par. (2).
Subsec. (b)(6). Pub. L. 99-500 and Pub. L. 99-591, Sec. 323, and
Pub. L. 99-661, Sec. 4203, amended subsec. (b) identically, adding par.
(6).
Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 324, and Pub.
L. 99-661, Sec. 4204, amended section identically, adding subsec. (e).
1981--Subsec. (a). Pub. L. 97-35, Sec. 811, struck out ``in any
junior high school or middle school'' after ``grade level''.
Subsec. (b). Pub. L. 97-35, Sec. 803(a), in par. (1) substituted
provisions relating to income eligibility guidelines, for provisions
relating to income poverty guidelines, redesignated former par. (2) as
(5) and, as so redesignated, struck out ``solely'' after ``sentence'',
and added pars. (2) to (4).
Subsec. (d). Pub. L. 97-35, Sec. 803(b), added subsec. (d).
1978--Subsec. (b)(1). Pub. L. 95-627 substituted guidelines
prescribed by the Office of Management and Budget for the Consumer Price
Index for purposes of determining the income poverty guidelines.
1977--Subsec. (a). Pub. L. 95-166 inserted parenthetical text
authorizing students in any grade level in any junior high school or
middle school, when approved by local school district or nonprofit
private school, to refuse to accept offered foods they do not intend to
consume.
1975--Subsec. (a). Pub. L. 94-105, Sec. 6(a), directed Secretary to
establish administrative procedures designed to diminish food waste in
school lunch programs and made provision for senior high school students
to refuse food which they do not intend to consume without affecting
lunch charges or payments to schools for lunches served.
Subsec. (b)(1). Pub. L. 94-105, Sec. 6(b), designated existing
provisions as subsec. (b)(1), struck out ``if a school elects to serve
reduced-price lunches'' after ``reduced price not to exceed 20 cents'',
inserted provision for a reduced price lunch for any child eligible
under reduced price lunch income guidelines, established income
guidelines for reduced price lunches, beginning with fiscal year ending
June 30, 1976, at 95 per centum above applicable family size income
levels in income poverty guidelines, and provided for a reduced price
lunch not to exceed 20 cents to any child belonging to a household whose
income falls between guidelines for a free lunch and 95 per centum above
income levels in the income poverty guidelines.
Pub. L. 94-105, Sec. 6(c), substituted provision adjusting income
poverty guidelines that take effect July 1 of each year according to
percentage change in Consumer Price Index for 12-month period ending in
April of that year, except that the first adjustment, effective July 1,
1976, shall be made according to percentage change between average
Consumer Price Index for 1974, on which the 1975-1976 guidelines are
based, and Consumer Price Index for April 1976 for provision basing the
guidelines on average Consumer Price Index for previous calendar year.
Subsec. (b)(2). Pub. L. 94-105, Sec. 6(d), added par. (2).
Subsec. (c). Pub. L. 94-105, Sec. 6(e), substituted ``schools (as
defined in section 1760(d)(6) of this title which are private and
nonprofit as defined in the last sentence of section 1760(d)(6) of this
title)'' for ``nonprofit private schools''.
1974--Subsec. (b). Pub. L. 93-326 substituted ``beginning with the
fiscal year ending June 30, 1974'' for ``for the fiscal year ending June
30, 1974'' in provision authorizing State educational agencies to
establish income guidelines for reduced price lunches at not more than
75 per centum above applicable family size income levels in income
poverty guidelines as prescribed by Secretary.
1973--Subsec. (b). Pub. L. 93-150 inserted proviso relating to
income guidelines for reduced price lunches.
1972--Subsec. (a). Pub. L. 92-433, Sec. 5(a), designated first
sentence as subsec. (a).
Subsec. (b). Pub. L. 92-433, Sec. 5(b), designated second through
seventh sentences of existing provisions as subsec. (b), separated
provisions relating to free and reduced price lunches, substituted May
15 of each year for July 1 of each year as the date by which the
Secretary is required to prescribe an income poverty guideline,
prescribed free lunch for children of households below the guideline
instead of prior provision requiring free lunch or lunch at reduced
price, authorized State educational agencies to set up family-size
income levels for free and reduced price lunches to be within certain
percentage limitations of the guideline prescribed by the Secretary, and
provided for continuation until July 1, 1973 of higher guidelines
established prior to July 1, 1972.
Subsec. (c). Pub. L. 92-433, Sec. 5(c), designated eighth through
thirteenth sentences as subsec. (c) and in last sentence inserted
provision that requirements of this section are not applicable to
nonprofit private schools which participate in the school lunch program
under this chapter until the State educational agency certifies about
the funds.
1971--Pub. L. 92-153 inserted provisions for consideration of income
poverty guidelines during fiscal year 1972 as a national minimum
standard of eligibility and for reimbursement of State agencies during
such fiscal year pursuant to eligibility standards established by State
agencies prior to Oct. 1, 1971.
1970--Pub. L. 91-248 placed a ceiling of 20 cents on any reduced
price meal offered under the school lunch program, provided for
determination of ability to pay the full cost of lunch based on a
publicly announced policy the minimum criteria of which includes family
income and the number of school children in the family unit as well as
the size of the family unit in general, but, under which, by Jan. 1,
1971, such determination shall be based on the income poverty guidelines
with first priority given to providing free meals to the neediest
children, provided that there be no overt identification of those
children who receive free and reduced price meals, authorized the
Secretary to prescribe such terms and conditions for food service in the
non-national School Lunch Act schools as well as schools under this Act
which are receiving Federal assistance in the form of commodities, and
excepted from requirements of this section with respect to amount for
reduced cost meals and eligibility for meals without cost nonprofit
private schools which participate in the school lunch program under the
provisions of section 1759 of this title until the Secretary certifies
that sufficient funds are available to enable such schools to meet the
requirements of this section.
1968--Pub. L. 90-302 provided that minimum nutritional requirements
prescribed by the Secretary on basis of tested nutritional research
which lunches served by participating schools must meet could not be
construed to prohibit substitution of foods to accommodate medical or
other special dietary needs of individual students.
Effective Date of 2002 Amendment
Pub. L. 107-171, title IV, Sec. 4302(b), May 13, 2002, 116 Stat.
331, provided that: ``The amendment made by this section [amending this
section] takes effect on the date of enactment of this Act [May 13,
2002].''
Amendment by section 4303 of Pub. L. 107-171 effective Oct. 1, 2002,
except as otherwise provided, see section 4405 of Pub. L. 107-171, set
out as an Effective Date note under section 1161 of Title 2, The
Congress.
Effective Date of 2000 Amendment
Pub. L. 106-224, title II, Sec. 242(c), June 20, 2000, 114 Stat.
413, provided that: ``The amendments made by this section [amending this
section and sections 1760 and 1786 of this title] take effect on October
1, 2000.''
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section 401
of Pub. L. 105-336, set out as a note under section 1755 of this title.
Effective Date of 1996 Amendment
Amendment by section 109(g) of Pub. L. 104-193 effective July 1,
1997, with transition rules relating to State options to accelerate such
date, rules relating to claims, actions, and proceedings commenced
before such date, rules relating to closing out of accounts for
terminated or substantially modified programs and continuance in office
of Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of Pub.
L. 104-193, as amended, set out as an Effective Date note under section
601 of this title.
Effective Date of 1994 Amendment
Amendment by sections 105(a) and 106 to 108 of Pub. L. 103-448
effective Oct. 1, 1994, see section 401 of Pub. L. 103-448, set out as a
note under section 1755 of this title.
Section 109(c) of Pub. L. 103-448 provided that: ``The amendments
made by this section [amending this section and section 1766 of this
title] shall become effective on September 25, 1995.''
Effective Date of 1989 Amendment
Section 202(a)(2)(B) of Pub. L. 101-147 provided that: ``The
amendments made by subparagraph (A) [amending this section] shall take
effect as if such amendments had been effective on June 28, 1988.''
Effective Date of 1986 Amendment
Sections 322 to 324 of Pub. L. 99-500 and Pub. L. 99-591 and
sections 4202 to 4204 of Pub. L. 99-661 provided that the amendments
made by those sections are effective July 1, 1986.
Effective Date of 1981 Amendment
Amendment by sections 803(a), (b) and 811 of Pub. L. 97-35 effective
Aug. 13, 1981, and Sept. 1, 1981, respectively, see section
820(a)(1)(E), (7)(A) of Pub. L. 97-35, set out as a note under section
1753 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-627 effective July 1, 1979, except as
specifically provided, see section 14 of Pub. L. 95-627, set out as a
note under section 1755 of this title.
Effective Date of 1975 Amendment
Section 6(c) of Pub. L. 94-105 provided that the amendment made by
that section is effective Jan. 1, 1976.
Promulgation of Regulations
Section 202(c) of Pub. L. 101-147 provided that: ``Not later than
July 1, 1990, the Secretary of Agriculture shall issue final regulations
to implement the amendments made by subsection (b) [amending this
section].''
Income Eligibility Guidelines
Pub. L. 96-499, title II, Sec. 203(a)-(c), Dec. 5, 1980, 94 Stat.
2600, as amended by Pub. L. 97-35, title VIII, Sec. 820(b)(3), Aug. 13,
1981, 95 Stat. 535, provided that:
``(a), (b) [Repealed].
``(c) For the school year ending June 30, 1981, the Secretary may
prescribe procedures for implementing the revisions in the income
poverty guidelines for free and reduced price lunches contained in this
section that may allow school food authorities to (1) use applications
distributed at the beginning of the school year when making eligibility
determinations based on the revised income poverty guidelines or (2)
distribute new applications containing the revised income poverty
guidelines and make eligibility determinations using the new
applications.''
Verification of Eligibility Data Submitted on a Sample of Applications
for Free and Reduced-Price Meals
Section 803(c) of Pub. L. 97-35 provided that: ``Notwithstanding any
other provision of law, the Secretary of Agriculture shall conduct a
pilot study to verify the data submitted on a sample of applications for
free and reduced-price meals. In conducting the pilot study, the
Secretary may require households included in the study to furnish social
security numbers of all household members and such other information as
the Secretary may require, including, but not limited to, pay stubs,
documentation of the current status of household members who are
recipients of public assistance, unemployment insurance documents, and
written statements from employers, as a condition for receipt of free or
reduced-price meals.''
Procedures for Implementing New Income Eligibility Guidelines for Free
and Reduced-Price Lunches
Section 803(d) of Pub. L. 97-35 provided that for school year ending
June 30, 1982, Secretary could prescribe procedures for implementing the
revisions made by section 803 of Pub. L. 97-35, amending this section,
to the income eligibility guidelines for free and reduced-price lunches
under this section, and that such procedures could allow school food
authorities to use applications distributed at beginning of school year
when making eligibility determinations or to distribute new
applications.
Lowering Minimum Standard of Eligibility and Reduction in Number of
Children Served, Fiscal Year 1972
Section 6 of Pub. L. 92-153 provided that: ``The Secretary shall not
lower minimum standards of eligibility for free and reduced price meals
nor require a reduction in the number of children served in any school
district during a fiscal year to be effective for that fiscal year. This
section shall apply to fiscal year 1972.''
Section Referred to in Other Sections
This section is referred to in sections 1753, 1759a, 1762a, 1766,
1773, 1786 of this title.