42 U.S.C. § 1762a — Commodity distribution program
submitted 80 years ago by Pub. L. 93-326 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,143 words · no verdicts yet
The Secretary must use available funds to provide agricultural commodities or equivalent cash assistance for specified nutrition programs. The section also sets nutrition, delivery, consultation, eligibility, and irradiated-food rules.
(a) The Secretary* must use unused funds available under section 612c of title 7 to buy the kinds of agricultural commodities and products usually bought under that section, possibly including domestic seafood, for donation to programs under this chapter, the Child* Nutrition Act, and title III of the Older Americans Act. If Commodity Credit Corporation stocks are unavailable, the Secretary must use that Corporation’s funds to buy the kinds of products usually available under section 1431 of title 7 for the same donations.
(b)(1) The Secretary must maintain and improve the nutritional quality of entitlement commodities supplied to schools. (2) The Secretary must require nutrition labels on packages or shipments, or otherwise provide nutrition information.
(c) The Secretary may use general-Treasury funds to buy products usually donated under section 311(a)(4) of the Older Americans Act, or to make cash payments instead under section 311(b)(1). Congress may appropriate amounts needed for this subsection.
(d) For school lunch and breakfast assistance, the Secretary must establish procedures that: (1) accurately include local districts’ and private nonprofit schools’ commodity needs in State* reports and have those views considered in purchasing, distributing, and allocating commodities; (2) ask States whether commodities are acceptable; (3) match deliveries to school calendars and give advance notice; (4) systematically review the costs and benefits of suitable commodity types and amounts; and (5) provide technical help.
(e) Each State agency receiving payments under this section must consult participating school-lunch schools about their needs concerning selection and distribution of commodity assistance.
(f) A commodity-only school may receive donated commodities worth the national average donated-food value under section 1755(c) plus the national average payment under section 1753, and up to 5 cents per meal in cash for processing and handling. Its lunches must meet the Secretary’s minimum nutrition rules, represent the four basic food groups, and include fluid milk or a qualifying nondairy drink.
(g)(1) “Eligible school district” has the meaning in section 1581(a) of the Food Security Act of 1985. (2) Subject to that section’s terms, the Secretary must let such a district continue receiving cash or commodity-letter-of-credit assistance instead of commodities for its school-lunch program.
(h)(1) The Secretary must create a policy and procedures for buying and distributing irradiated foods in covered school-meals programs. (2) They must ensure: (A) irradiated foods are supplied only at State or school-food-authority request; (B) reimbursement equals that for nonirradiated foods; (C) States and authorities receive factual science and evidence information, including that irradiation does not replace safe handling, plus other information the Secretary finds needed for food safety; (D) model procedures are provided for giving that information to authorities, parents, and students; (E) distributed irradiated foods bear a clear, prominent container notice or symbol saying they were irradiated; (F) they are not mixed with nonirradiated foods in containers; and (G) schools offering them are encouraged to offer alternatives.
Notwithstanding any other provision of law, the Secretary* shall—
use funds available to carry out the provisions of section 612c of title 7 which are not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section (which may include domestic seafood commodities and their products), for donation to maintain the annually programmed level of assistance for programs carried on under this chapter, the Child* Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], and title III of the Older Americans Act of 1965 [42 U.S.C. 3021 et seq.]; and
if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under section 1431 of title 7, for such donation.
The Secretary shall maintain and continue to improve the overall nutritional quality of entitlement commodities provided to schools to assist the schools in improving the nutritional content of meals.
The Secretary shall—
require that nutritional content information labels be placed on packages or shipments of entitlement commodities provided to the schools; or
otherwise provide nutritional content information regarding the commodities provided to the schools.
The Secretary may use funds appropriated from the general fund of the Treasury to purchase agricultural commodities and their products of the types customarily purchased for donation under section 311(a)(4) 1 of the Older Americans Act of 1965 or for cash payments in lieu of such donations under section 311(b)(1) 1 of such Act. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.
In providing assistance under this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] for school lunch and breakfast programs, the Secretary shall establish procedures which will—
ensure that the views of local school districts and private nonprofit schools with respect to the type of commodity assistance needed in schools are fully and accurately reflected in reports to the Secretary by the State* with respect to State commodity preferences and that such views are considered by the Secretary in the purchase and distribution of commodities and by the States in the allocation of such commodities among schools within the States;
solicit the views of States with respect to the acceptability of commodities;
ensure that the timing of commodity deliveries to States is consistent with State school year calendars and that such deliveries occur with sufficient advance notice;
provide for systematic review of the costs and benefits of providing commodities of the kind and quantity that are suitable to the needs of local school districts and private nonprofit schools; and
make available technical assistance on the use of commodities available under this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
Each State agency that receives food assistance payments under this section for any school year shall consult with representatives of schools in the State that participate in the school lunch program with respect to the needs of such schools relating to the manner of selection and distribution of commodity assistance for such program.
Commodity only schools shall be eligible to receive donated commodities equal in value to the sum of the national average value of donated foods established under section 1755(c) of this title and the national average payment established under section 1753 of this title. Such schools shall be eligible to receive up to 5 cents per meal of such value in cash for processing and handling expenses related to the use of such commodities. Lunches served in such schools shall consist of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 1758(a) of this title, and shall represent the four basic food groups, including a serving of fluid milk or a nondairy beverage that meets the nutritional standards described in section 1758(a)(2)(B) of this title.
As used in this subsection, the term “eligible school district” has the same meaning given such term in section 1581(a) of the Food Security Act of 1985.
In accordance with the terms and conditions of section 1581 of such Act, the Secretary shall permit an eligible school district to continue to receive assistance in the form of cash or commodity letters of credit assistance, in lieu of commodities, to carry out the school lunch program operated in the district.
The Secretary shall develop a policy and establish procedures for the purchase and distribution of irradiated food products in school meals programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
The policy and procedures shall ensure, at a minimum, that—
irradiated food products are made available only at the request of States and school food authorities;
reimbursements to schools for irradiated food products are equal to reimbursements to schools for food products that are not irradiated;
States and school food authorities are provided factual information on the science and evidence regarding irradiation technology, including—
notice that irradiation is not a substitute for safe food handling techniques; and
any other similar information determined by the Secretary to be necessary to promote food safety in school meals programs;
States and school food authorities are provided model procedures for providing to school food authorities, parents, and students—
factual information on the science and evidence regarding irradiation technology; and
any other similar information determined by the Secretary to be necessary to promote food safety in school meals;
irradiated food products distributed to the Federal school meals program under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) are labeled with a symbol or other printed notice that—
indicates that the product was irradiated; and
is prominently displayed in a clear and understandable format on the container;
irradiated food products are not commingled in containers with food products that are not irradiated; and
schools that offer irradiated food products are encouraged to offer alternatives to irradiated food products as part of the meal plan used by the schools.
Source credit: (June 4, 1946, ch. 281, § 14, as added Pub. L. 93–326, § 2, June 30, 1974, 88 Stat. 286; amended Pub. L. 94–105, § 10, Oct. 7, 1975, 89 Stat. 515; Pub. L. 95–166, § 6, Nov. 10, 1977, 91 Stat. 1334; Pub. L. 95–627, § 12(b), Nov. 10, 1978, 92 Stat. 3625; Pub. L. 96–499, title II, § 202(c), Dec. 5, 1980, 94 Stat. 2600; Pub. L. 97–35, title VIII, §§ 813(a), 819(j), Aug. 13, 1981, 95 Stat. 530, 533; Pub. L. 98–459, title VIII, § 801(a), Oct. 9, 1984, 98 Stat. 1792; Pub. L. 99–500, title III, §§ 312, 363, Oct. 18, 1986, 100 Stat. 1783–360, 1783–368, and Pub. L. 99–591, title III, §§ 312, 363, Oct. 30, 1986, 100 Stat. 3341–363, 3341–371; Pub. L. 99–661, div. D, title I, § 4102, title IV, § 4403, Nov. 14, 1986, 100 Stat. 4071, 4079; Pub. L. 100–356, § 2, June 28, 1988, 102 Stat. 669; Pub. L. 101–147, title I, § 103(a)–(b)(2)(A), (c), Nov. 10, 1989, 103 Stat. 882; Pub. L. 103–448, title I, § 115, Nov. 2, 1994, 108 Stat. 4713; Pub. L. 104–193, title VII, § 707, Aug. 22, 1996, 110 Stat. 2293; Pub. L. 105–336, title I, §§ 101(b), 106, Oct. 31, 1998, 112 Stat. 3144, 3149; Pub. L. 108–134, § 4, Nov. 22, 2003, 117 Stat. 1389; Pub. L. 108–211, § 4, Mar. 31, 2004, 118 Stat. 566; Pub. L. 108–265, title I, §§ 117, 118, June 30, 2004, 118 Stat. 752; Pub. L. 111–296, title IV, § 441(a)(6), Dec. 13, 2010, 124 Stat. 3264; Pub. L. 119–69, § 2(b)(1), Jan. 14, 2026, 139 Stat. 1998.)
- 1946Enacted · Pub. L. 93-326 · 88 Stat. 286
- 1975Amended · Pub. L. 94-105 · 89 Stat. 515
- 1977Amended · Pub. L. 95-166 · 91 Stat. 1334
- 1978Amended · Pub. L. 95-627 · 92 Stat. 3625
- 1980Amended · Pub. L. 96-499 · 94 Stat. 2600
- 1981Amended · Pub. L. 97-35 · 95 Stat. 530, 533
- 1984Amended · Pub. L. 98-459 · 98 Stat. 1792
- 1986Amended · Pub. L. 99-500 · 100 Stat. 1783
- 1986Amended · Pub. L. 99-661 · 100 Stat. 4071, 4079
- 1988Amended · Pub. L. 100-356 · 102 Stat. 669
- 1989Amended · Pub. L. 101-147 · 103 Stat. 882
- 1994Amended · Pub. L. 103-448 · 108 Stat. 4713
- 1996Amended · Pub. L. 104-193 · 110 Stat. 2293
- 1998Amended · Pub. L. 105-336 · 112 Stat. 3144, 3149
- 2003Amended · Pub. L. 108-134 · 117 Stat. 1389
- 2004Amended · Pub. L. 108-211 · 118 Stat. 566
- 2004Amended · Pub. L. 108-265 · 118 Stat. 752
- 2010Amended · Pub. L. 111-296 · 124 Stat. 3264
- 2026Amended · Pub. L. 119-69 · 139 Stat. 1998
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-326 on 1946-06-04.
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