42 U.S.C. § 1754 : US Code - Section 1754: Nutrition promotion

Search 42 U.S.C. § 1754 : US Code - Section 1754: Nutrition promotion

(a) In general
Subject to the availability of funds made available under
subsection (g) of this section, the Secretary shall make payments
to State agencies for each fiscal year, in accordance with this
section, to promote nutrition in food service programs under this
chapter and the school breakfast program established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(b) Total amount for each fiscal year
The total amount of funds available for a fiscal year for
payments under this section shall equal not more than the product
obtained by multiplying -
(1) 1/2 cent; by
(2) the number of lunches reimbursed through food service
programs under this chapter during the second preceding fiscal
year in schools, institutions, and service institutions that
participate in the food service programs.
(c) Payments to States
(1) Allocation
Subject to paragraph (2), from the amount of funds available
under subsection (g) of this section for a fiscal year, the
Secretary shall allocate to each State agency an amount equal to
the greater of -
(A) a uniform base amount established by the Secretary; or
(B) an amount determined by the Secretary, based on the ratio
that -
(i) the number of lunches reimbursed through food service
programs under this chapter in schools, institutions, and
service institutions in the State that participate in the
food service programs; bears to
(ii) the number of lunches reimbursed through the food
service programs in schools, institutions, and service
institutions in all States that participate in the food
service programs.
(2) Reductions
The Secretary shall reduce allocations to State agencies
qualifying for an allocation under paragraph (1)(B), in a manner
determined by the Secretary, to the extent necessary to ensure
that the total amount of funds allocated under paragraph (1) is
not greater than the amount appropriated under subsection (g) of
this section.
(d) Use of payments
(1) Use by State agencies
A State agency may reserve, to support dissemination and use of
nutrition messages and material developed by the Secretary, up to
-
(A) 5 percent of the payment received by the State for a
fiscal year under subsection (c) of this section; or
(B) in the case of a small State (as determined by the
Secretary), a higher percentage (as determined by the
Secretary) of the payment.
(2) Disbursement to schools and institutions
Subject to paragraph (3), the State agency shall disburse any
remaining amount of the payment to school food authorities and
institutions participating in food service programs described in
subsection (a) of this section to disseminate and use nutrition
messages and material developed by the Secretary.
(3) Summer food service program for children
In addition to any amounts reserved under paragraph (1), in the
case of the summer food service program for children established
under section 1761 of this title, the State agency may -
(A) retain a portion of the funds made available under
subsection (c) of this section (as determined by the
Secretary); and
(B) use the funds, in connection with the program, to
disseminate and use nutrition messages and material developed
by the Secretary.
(e) Documentation
A State agency, school food authority, and institution receiving
funds under this section shall maintain documentation of nutrition
promotion activities conducted under this section.
(f) Reallocation
The Secretary may reallocate, to carry out this section, any
amounts made available to carry out this section that are not
obligated or expended, as determined by the Secretary.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this section, to remain available until
expended.