
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1762a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 13--SCHOOL LUNCH PROGRAMS
 
Sec. 1762a. Commodity distribution program


(a) Applicable period; use of funds for purchase of agricultural 
        commodities and products for donation

    Notwithstanding any other provision of law, the Secretary, during 
the period beginning July 1, 1974, and ending September 30, 2003, 
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) of 
the Older Americans Act of 1965 [42 U.S.C. 3030a(a)(4)] or for cash 
payments in lieu of such donations under section 311(b)(1) of such Act 
[42 U.S.C. 3030a(b)(1)]. 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.

(June 4, 1946, ch. 281, Sec. 14, as added Pub. L. 93-326, Sec. 2, June 
30, 1974, 88 Stat. 286; amended Pub. L. 94-105, Sec. 10, Oct. 7, 1975, 
89 Stat. 515; Pub. L. 95-166, Sec. 6, Nov. 10, 1977, 91 Stat. 1334; Pub. 
L. 95-627, Sec. 12(b), Nov. 10, 1978, 92 Stat. 3625; Pub. L. 96-499, 
title II, Sec. 202(c), Dec. 5, 1980, 94 Stat. 2600; Pub. L. 97-35, title 
VIII, Secs. 813(a), 819(j), Aug. 13, 1981, 95 Stat. 530, 533; Pub. L. 
98-459, title VIII, Sec. 801(a), Oct. 9, 1984, 98 Stat. 1792; Pub. L. 
99-500, title III, Secs. 312, 363, Oct. 18, 1986, 100 Stat. 1783-360, 
1783-368, and Pub. L. 99-591, title III, Secs. 312, 363, Oct. 30, 1986, 
100 Stat. 3341-363, 3341-371; Pub. L. 99-661, div. D, title I, 
Sec. 4102, title IV, Sec. 4403, Nov. 14, 1986, 100 Stat. 4071, 4079; 
Pub. L. 100-356, Sec. 2, June 28, 1988, 102 Stat. 669; Pub. L. 101-147, 
title I, Sec. 103(a)-(b)(2)(A), (c), Nov. 10, 1989, 103 Stat. 882; Pub. 
L. 103-448, title I, Sec. 115, Nov. 2, 1994, 108 Stat. 4713; Pub. L. 
104-193, title VII, Sec. 707, Aug. 22, 1996, 110 Stat. 2293; Pub. L. 
105-336, title I, Secs. 101(b), 106, Oct. 31, 1998, 112 Stat. 3144, 
3149.)

                       References in Text

    The Child Nutrition Act of 1966, referred to in subsecs. (a)(1) and 
(d), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which 
is classified generally to chapter 13A (Sec. 1771 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1771 of this title and Tables.
    The Older Americans Act of 1965, referred to in subsec. (a)(1), is 
Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Title III of the 
Older Americans Act of 1965 is classified generally to subchapter III 
(Sec. 3021 et seq.) of chapter 35 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3001 of this title and Tables.
    Section 1581 of the Food Security Act, referred to in subsec. (g), 
is section 1581 of Pub. L. 99-198, title XV, Dec. 23, 1985, 99 Stat. 
1594, which is not classified to the Code.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-336, Sec. 106, substituted ``2003'' 
for ``1998'' in introductory provisions.
    Subsec. (f). Pub. L. 105-336, Sec. 101(b), substituted ``1755(c)'' 
for ``1755(e)''.
    1996--Subsec. (b). Pub. L. 104-193, Sec. 707(a), redesignated pars. 
(2) and (3) as (1) and (2), respectively, and struck out former par. (1) 
which read as follows: ``Among the products to be included in the food 
donations to the school lunch program shall be cereal and shortening and 
oil products.''
    Subsec. (e). Pub. L. 104-193, Sec. 707(b), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``Each State 
educational agency that receives food assistance payments under this 
section for any school year shall establish for such year an advisory 
council, which shall be composed of representatives of schools in the 
State that participate in the school lunch program. The council shall 
advise such State agency with respect to the needs of such schools 
relating to the manner of selection and distribution of commodity 
assistance for such program.''
    Subsec. (g)(3). Pub. L. 104-193, Sec. 707(c), struck out par. (3) 
relating to cash compensation for losses due to changed methodology of 
study during 1982-1983 school year.
    1994--Subsec. (a). Pub. L. 103-448, Sec. 115(1), substituted 
``1998'' for ``1994'' in introductory provisions.
    Subsec. (b). Pub. L. 103-448, Sec. 115(2), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    1989--Subsec. (a). Pub. L. 101-147, Sec. 103(a), substituted 
``1994'' for ``1989''.
    Subsec. (g). Pub. L. 101-147, Sec. 103(b)(1), (2)(A), amended 
subsec. (g), as amended identically by Pub. L. 99-500 and 99-591, 
Sec. 363, and Pub. L. 99-661, Sec. 4403, and as further amended by Pub. 
L. 100-356, Sec. 2, to read as if only the amendment by Pub. L. 99-661 
was enacted, and further amended subsec. (g) identically to the 
amendments that were made by section 2(a) and (b) of Pub. L. 100-356, 
resulting in changing text by striking out only the language that was 
inserted by section 2(c) of Pub. L. 100-356 at the end of par. (3)(A), 
``The Secretary shall complete action on any claim submitted under this 
subparagraph not later than 45 days after June 28, 1988.'', see 1986 and 
1988 Amendment notes below.
    Subsec. (g)(3)(A). Pub. L. 101-147, Sec. 103(c), substituted last 
four sentences for former last two sentences which read as follows: 
``The Secretary, in computing losses sustained by any school district 
under the preceding sentence, shall base such computation on the actual 
amount of assistance received by such school district under this chapter 
for the school year ending June 30, 1982, including--
        ``(i) the value of assistance in the form of commodities 
    provided in addition to those provided pursuant to section 1755(e) 
    of this title; and
        ``(ii) the value of assistance provided in the form of either 
    cash or commodity letters of credit.
The Secretary may provide cash compensation under this subparagraph only 
to eligible school districts that submit applications for such 
compensation not later than May 1, 1988.''
    1988--Subsec. (g)(3)(A). Pub. L. 100-356, Sec. 2(c), inserted at end 
``The Secretary shall complete action on any claim submitted under this 
subparagraph not later than 45 days after June 28, 1988.''
    Pub. L. 100-356, Sec. 2(a), inserted at end ``The Secretary, in 
computing losses sustained by any school district under the preceding 
sentence, shall base such computation on the actual amount of assistance 
received by such school district under this chapter for the school year 
ending June 30, 1982, including--
        ``(i) the value of assistance in the form of commodities 
    provided in addition to those provided pursuant to section 1755(e) 
    of this title; and
        ``(ii) the value of assistance provided in the form of either 
    cash or commodity letters of credit.
The Secretary may provide cash compensation under this subparagraph only 
to eligible school districts that submit applications for such 
compensation not later than May 1, 1988.''
    Subsec. (g)(3)(B). Pub. L. 100-356, Sec. 2(b), substituted ``such 
sums as may be necessary'' for ``$50,000''.
    1986--Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec. 312, and 
Pub. L. 99-661, Sec. 4102, amended subsec. (a) identically, substituting 
``1989'' for ``1984''.
    Subsec. (g). Pub. L. 99-500 and Pub. L. 99-591, Sec. 363, and Pub. 
L. 99-661, Sec. 4403, amended section identically, adding subsec. (g).
    1984--Subsec. (c). Pub. L. 98-459 substituted ``(b)(1)'' for 
``(c)(1)''.
    1981--Subsec. (a)(1). Pub. L. 97-35, Sec. 819(j)(1), substituted 
``III'' for ``VII''.
    Subsec. (c). Pub. L. 97-35, Sec. 819(j)(2), substituted references 
to section 311(a)(4) and (c)(1) of the Older Americans Act of 1965, for 
references to section 3045f(a)(4) and (d)(4) of this title.
    Subsec. (f). Pub. L. 97-35, Sec. 813(a), added subsec. (f).
    1980--Subsec. (a). Pub. L. 96-499 substituted ``September 30, 1984'' 
for ``September 30, 1982''.
    1978--Subsec. (a)(1). Pub. L. 95-627 inserted ``(which may include 
domestic seafood commodities and their products)'' after ``under such 
section''.
    1977--Subsec. (a). Pub. L. 95-166, Sec. 6(1), extended termination 
date for termination of commodity distribution program to Sept. 30, 
1982, from Sept. 30, 1977.
    Subsecs. (c) to (e). Pub. L. 95-166, Sec. 6(2), added subsecs. (c) 
to (e).
    1975--Pub. L. 94-105 designated existing provisions as subsec. (a), 
substituted ``September 30, 1977'' for ``June 30, 1975'', and added 
subsec. (b).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section 401 
of Pub. L. 105-336, set out as a note under section 1755 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-448 effective Oct. 1, 1994, see section 401 
of Pub. L. 103-448, set out as a note under section 1755 of this title.


                    Effective Date of 1989 Amendment

    Section 103(b)(2)(B) of Pub. L. 101-147 provided that: ``The 
amendments made by subparagraph (A) [amending this section] shall take 
effect as if such amendments had been effective on June 28, 1988.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section 
803(a) of Pub. L. 98-459, set out as a note under section 3001 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by section 813(a) of Pub. L. 97-35 effective 90 days after 
Aug. 13, 1981, and amendment by section 819(j) of Pub. L. 97-35 
effective Oct. 1, 1981, see section 820(a)(4), (5) of Pub. L. 97-35, set 
out as a note under section 1753 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section 14 
of Pub. L. 95-627, set out as a note under section 1755 of this title.


 Study of Effect of Combining Federally Donated and Federally Inspected 
                             Meat or Poultry

    Section 304 of Pub. L. 103-448 directed Comptroller General of the 
United States to conduct study on incidence and effect of States 
restricting or prohibiting legally contracted commercial entity from 
physically combining federally donated and inspected meat or poultry 
from another State and to submit report to Congress not later than Sept. 
1, 1996.

                  Section Referred to in Other Sections

    This section is referred to in sections 1755, 1760 of this title.
