42 U.S.C. § 1762a : US Code - Section 1762A: Commodity distribution program

Search 42 U.S.C. § 1762a : US Code - Section 1762A: Commodity distribution program

(a) Use of funds for purchase of agricultural commodities and
products for donation
Notwithstanding any other provision of law, the Secretary shall -

(1) 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
(2) 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.
(b) Nutrition quality and content information
(1) 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.
(2) The Secretary shall -
(A) require that nutritional content information labels be
placed on packages or shipments of entitlement commodities
provided to the schools; or
(B) otherwise provide nutritional content information regarding
the commodities provided to the schools.
(c) Authorization of appropriations for purchase of products or for
cash payments in lieu of donations
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.
(d) Assistance procedures; cost and benefits, review; technical
assistance; report to Congress; food quality standards
contracting procedures
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 -
(1) 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;
(2) solicit the views of States with respect to the
acceptability of commodities;
(3) 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;
(4) 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
(5) 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.].
Within eighteen months after November 10, 1977, the Secretary shall
report to Congress on the impact of procedures established under
this subsection, including the nutritional, economic, and
administrative benefits of such procedures. In purchasing
commodities for programs carried out under this chapter and the
Child Nutrition Act of 1966, the Secretary shall establish
procedures to ensure that contracts for the purchase of such
commodities shall not be entered into unless the previous history
and current patterns of the contracting party with respect to
compliance with applicable meat inspection laws and with other
appropriate standards relating to the wholesomeness of food for
human consumption are taken into account.
(e) Consultation with school representatives
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.
(f) Commodity only schools
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.
(g) Extension of alternative means of assistance
(1) 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.
(2) 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.
(h) Notice of irradiated food products
(1) In general
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.).
(2) Minimum requirements
The policy and procedures shall ensure, at a minimum, that -
(A) irradiated food products are made available only at the
request of States and school food authorities;
(B) reimbursements to schools for irradiated food products
are equal to reimbursements to schools for food products that
are not irradiated;
(C) States and school food authorities are provided factual
information on the science and evidence regarding irradiation
technology, including -
(i) notice that irradiation is not a substitute for safe
food handling techniques; and
(ii) any other similar information determined by the
Secretary to be necessary to promote food safety in school
meals programs;
(D) States and school food authorities are provided model
procedures for providing to school food authorities, parents,
and students -
(i) factual information on the science and evidence
regarding irradiation technology; and
(ii) any other similar information determined by the
Secretary to be necessary to promote food safety in school
meals;
(E) 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 -
(i) indicates that the product was irradiated; and
(ii) is prominently displayed in a clear and understandable
format on the container;
(F) irradiated food products are not commingled in containers
with food products that are not irradiated; and
(G) 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.