42 U.S.C. § 1779 — Regulations

(a) In general. The Secretary^* must issue the regulations the Secretary considers necessary to carry out this chapter and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 and following sections). This includes rules about serving food in participating schools and service institutions in competition with programs authorized under either law.

(b) National school nutrition standards. (1) Proposed regulations. (A) In general. The Secretary must (i) establish science-based nutrition standards for foods sold in schools, other than foods provided under this chapter or the Richard B. Russell National School Lunch Act; and (ii) within 1 year after December 13, 2010, issue proposed regulations to carry out clause (i). (B) Application. The standards must 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. When establishing the standards, the Secretary must (i) make them consistent with the most recent Dietary Guidelines for Americans published under 7 U.S.C. § 5341, including the food groups the Guidelines encourage and the nutrients of concern they identify; 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) how the standards can be applied in practice, 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 the Secretary determines, when the school approves the fundraisers and they occur infrequently within the school. (D) Updating standards. As soon as practicable after the Agriculture Department and Health and Human Services Department publish a new edition of the Dietary Guidelines for Americans under 7 U.S.C. § 5341, the Secretary must review the school nutrition standards and requirements established under this subsection and update them as necessary. (2) Implementation. (A) Effective date. Interim or final regulations under this subsection must take effect at the beginning of a school year that starts no earlier than 1 year and no later than 2 years after the regulations are finalized. (B) Reporting. The Secretary must send the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Education and Labor a quarterly report describing progress toward issuing final regulations under this subsection.

(c) Transfer of funds; reserve for special projects. The Secretary’s regulations may allow a State to transfer funds between programs authorized under this chapter and the Richard B. Russell National School Lunch Act, based on an approved State plan for using the funds. The regulations may also reserve up to 1 percent of the funds available for apportionment to a State for special developmental projects.