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).
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.
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
(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.
(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.
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.
The Richard B. Russell National School Lunch Act, referred to in text, is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, 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.
2010—Pub. L. 111–296inserted 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. 106–78substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” wherever appearing.
1996—Subsec. (b). Pub. L. 104–193redesignated 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. 103–448designated 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. 101–147substituted “the Secretary” for “he” before “may deem” in first sentence.
1977—Pub. L. 95–166inserted “approved by the Secretary” after “competitive foods”.
1972—Pub. L. 92–433inserted 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. 91–248provided 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.
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–296effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 ofPub. L. 111–296, set out as a note under section
1751 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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