42 U.S.C. § 1779 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1779 — Regulations

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Source file: Laws/federal/codes/united-states-code/title-42/section-1779-regulations--1c3113947c.md
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Source location: Title 42, Chapter 13A, § 1779; chapter-13a-child-nutrition.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1751 — Congressional declaration of policy

It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1751 — Congressional declaration of policy

§ 1751. Congressional declaration of policy It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in- aid and other means, in providing an adequate supply of foods and other facilities for the estab- lishment, maintenance, operation, and expan- sion of nonprofit school lunch programs. (June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L. 101–147, title III, § 312(1), Nov. 10, 1989, 103 Stat. 916.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–147 substituted ‘‘school lunch’’ for ‘‘school-lunch’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–296, title IV, § 445, Dec. 13, 2010, 124 Stat. 3266, provided that: ‘‘Except as otherwise specifically provided in this Act [see Short Title of 2010 Amend- ment note below] or any of the amendments made by this Act, this Act and the amendments made by this Act take effect on October 1, 2010.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–147, § 2, Nov. 10, 1989, 103 Stat. 878, pro- vided that: ‘‘Except as otherwise provided in this Act, the amendments made by this Act [see Short Title of 1989 Amendment note below] shall take effect on the date of the enactment of this Act [Nov. 10, 1989].’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–158, § 1, June 25, 2022, 136 Stat. 1309, pro- vided that: ‘‘This Act [amending section 2254c of Title 7, Agriculture, enacting provisions set out as notes under sections 1753, 1760, and 1766 of this title, and amending provisions set out as a note under section 1760 of this title] may be cited as the ‘Keep Kids Fed Act

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1779 — Regulations

§ 1779. Regulations (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 Na- tional School Lunch Act [42 U.S.C. 1751 et seq.], including regulations relating to the service of food in participating schools and service institu- tions in competition with the programs author- ized under this chapter and the Richard B. Rus- sell 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 con- sistent with the most recent Dietary Guidelines for Americans published under section 5341 of title 7, including the food groups to encourage and nutrients of con- cern identified in the Dietary Guidelines; and (ii) consider— (I) authoritative scientific rec- ommendations for nutrition standards; (II) existing school nutrition stand- ards, 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 fund- raisi

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