42 U.S.C. § 1755 : US Code - Section 1755: Direct expenditures for agricultural commodities and other foods

Search 42 U.S.C. § 1755 : US Code - Section 1755: Direct expenditures for agricultural commodities and other foods

(a) Administrative expenses; nutritional education; pilot projects;
cash-in-lieu of commodities study; refusal of commodities and
receipt of other commodities available to the State in lieu of
the refused commodities
The funds provided by appropriation or transfer from other
accounts for any fiscal year for carrying out the provisions of
this chapter, and for carrying out the provisions of the Child
Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], other than section
3 thereof [42 U.S.C. 1772] less
(1) not to exceed 3 1/2 per centum thereof which per centum is
hereby made available to the Secretary for the Secretary's
administrative expenses under this chapter and under the Child
Nutrition Act of 1966 [42 U.S.C. 1771 et seq.];
(2) the amount apportioned by the Secretary pursuant to section
1753 of this title and the amount appropriated pursuant to
sections 1759a and 1761 of this title and sections 4 and 7 of the
Child Nutrition Act of 1966 [42 U.S.C. 1773 and 1776]; and
(3) not to exceed 1 per centum of the funds provided for
carrying out the programs under this chapter and the programs
under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.],
other than section 3 [42 U.S.C. 1772], which per centum is hereby
made available to the Secretary to supplement the nutritional
benefits of these programs through grants to States and other
means for nutritional training and education for workers,
cooperators, and participants in these programs, for pilot
projects and the cash-in-lieu of commodities study required to be
carried out under section 1769 of this title, and for necessary
surveys and studies of requirements for food service programs in
furtherance of the purposes expressed in section 1751 of this
title, and section 2 of the Child Nutrition Act of 1966 [42
U.S.C. 1771],
shall be available to the Secretary during such year for direct
expenditure by the Secretary for agricultural commodities and other
foods to be distributed among the States and schools and service
institutions participating in the food service programs under this
chapter and under the Child Nutrition Act of 1966 [42 U.S.C. 1771
et seq.] in accordance with the needs as determined by the local
school and service institution authorities. Except as provided in
the next 2 sentences, any school participating in food service
programs under this chapter may refuse to accept delivery of not
more than 20 percent of the total value of agricultural commodities
and other foods tendered to it in any school year; and if a school
so refuses, that school may receive, in lieu of the refused
commodities, other commodities to the extent that other commodities
are available to the State during that year. Any school food
authority may refuse some or all of the fresh fruits and vegetables
offered to the school food authority in any school year and shall
receive, in lieu of the offered fruits and vegetables, other more
desirable fresh fruits and vegetables that are at least equal in
value to the fresh fruits and vegetables refused by the school food
authority. The value of any fresh fruits and vegetables refused by
a school under the preceding sentence for a school year shall not
be used to determine the 20 percent of the total value of
agricultural commodities and other foods tendered to the school
food authority in the school year under the second sentence. The
provisions of law contained in the proviso of section 713c of title
15, facilitating operations with respect to the purchase and
disposition of surplus agricultural commodities under section 612c
of title 7, shall, to the extent not inconsistent with the
provision of this chapter, also be applicable to expenditures of
funds by the Secretary under this chapter. In making purchases of
such agricultural commodities and other foods, the Secretary shall
not issue specifications which restrict participation of local
producers unless such specifications will result in significant
advantages to the food service programs authorized by this chapter
and the Child Nutrition Act of 1966.
(b) Delivery of commodities
The Secretary shall deliver, to each State participating in the
school lunch program under this chapter, commodities valued at the
total level of assistance authorized under subsection (c) (!1) of
this section for each school year for the school lunch program in
the State, not later than September 30 of the following school
year.
(c) Level of commodity assistance; computation of index;
calculation of total assistance to each State; emphasis on high
protein foods; per meal value of donated foods
(1)(A) The national average value of donated foods, or cash
payments in lieu thereof, shall be 11 cents, adjusted on July 1,
1982, and each July 1 thereafter to reflect changes in the Price
Index for Food Used in Schools and Institutions. The Index shall be
computed using 5 major food components in the Bureau of Labor
Statistics' Producer Price Index (cereal and bakery products,
meats, poultry and fish, dairy products, processed fruits and
vegetables, and fats and oils). Each component shall be weighed
using the same relative weight as determined by the Bureau of Labor
Statistics.
(B) The value of food assistance for each meal shall be adjusted
each July 1 by the annual percentage change in a 3-month average
value of the Price Index for Foods Used in Schools and Institutions
for March, April, and May each year. Such adjustment shall be
computed to the nearest 1/4 cent.
(C) For each school year, the total commodity assistance or cash
in lieu thereof available to a State for the school lunch program
shall be calculated by multiplying the number of lunches served in
the preceding school year by the rate established by subparagraph
(B). After the end of each school year, the Secretary shall
reconcile the number of lunches served by schools in each State
with the number of lunches served by schools in each State during
the preceding school year and increase or reduce subsequent
commodity assistance or cash in lieu thereof provided to each State
based on such reconciliation.
(D) Among those commodities delivered under this section, the
Secretary shall give special emphasis to high protein foods, meat,
and meat alternates (which may include domestic seafood commodities
and their products).
(E) Notwithstanding any other provision of this section, not less
than 75 percent of the assistance provided under this subsection
shall be in the form of donated foods for the school lunch program.
(2) To the maximum extent feasible, each State agency shall offer
to each school food authority under its jurisdiction that
participates in the school lunch program and receives commodities,
agricultural commodities and their products, the per meal value of
which is not less than the national average value of donated foods
established under paragraph (1). Each such offer shall include the
full range of such commodities and products that are available from
the Secretary to the extent that quantities requested are
sufficient to allow efficient delivery to and within the State.
(d) Termination of commodity assistance based upon school breakfast
program
Beginning with the school year ending June 30, 1981, the
Secretary shall not offer commodity assistance based upon the
number of breakfasts served to children under section 4 of the
Child Nutrition Act of 1966 [42 U.S.C. 1773].
(e) Minimum percentage of commodity assistance
(1) Subject to paragraph (2), in each school year the Secretary
shall ensure that not less than 12 percent of the assistance
provided under section 1753 of this title, this section, and
section 1759a of this title shall be in the form of -
(A) commodity assistance provided under this section, including
cash in lieu of commodities and administrative costs for
procurement of commodities under this section; or
(B) during the period beginning October 1, 2003, and ending
September 30, 2009, commodities provided by the Secretary under
any provision of law.
(2) If amounts available to carry out the requirements of the
sections described in paragraph (1) are insufficient to meet the
requirement contained in paragraph (1) for a school year, the
Secretary shall, to the extent necessary, use the authority
provided under section 1762a(a) of this title to meet the
requirement for the school year.