
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: 42USC1772]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1772. Special program to encourage the consumption of fluid 
        milk by children; authorization of appropriations; eligibility 
        for special milk program; minimum rate of reimbursement; 
        ineligibility of commodity only schools
        
    (a)(1) There is hereby authorized to be appropriated for the fiscal 
year ending June 30, 1970, and for each succeeding fiscal year, such 
sums as may be necessary to enable the Secretary of Agriculture, under 
such rules and regulations as the Secretary may deem in the public 
interest, to encourage consumption of fluid milk by children in the 
United States in (A) nonprofit schools of high school grade and under, 
except as provided in paragraph (2), which do not participate in a meal 
service program authorized under this chapter or the Richard B. Russell 
National School Lunch Act [42 U.S.C. 1751 et seq.], and (B) nonprofit 
nursery schools, child-care centers, settlement houses, summer camps, 
and similar nonprofit institutions devoted to the care and training of 
children, which do not participate in a meal service program authorized 
under this chapter or the Richard B. Russell National School Lunch Act.
    (2) The limitation imposed under paragraph (1)(A) for participation 
of nonprofit schools in the special milk program shall not apply to 
split-session kindergarten programs conducted in schools in which 
children do not have access to the meal service program operating in 
schools the children attend as authorized under this chapter or the 
Richard B. Russell National School Lunch Act.
    (3) For the purposes of this section ``United States'' means the 
fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, 
American Samoa, the Commonwealth of the Northern Mariana Islands, and 
the District of Columbia.
    (4) The Secretary shall administer the special milk program provided 
for by this section to the maximum extent practicable in the same manner 
as the Secretary administered the special milk program provided for by 
this chapter during the fiscal year ending June 30, 1969.
    (5) Any school or nonprofit child care institution which does not 
participate in a meal service program authorized under this chapter or 
the Richard B. Russell National School Lunch Act shall receive the 
special milk program upon its request.
    (6) Children who qualify for free lunches under guidelines set forth 
by the Secretary shall, at the option of the school involved (or of the 
local educational agency involved in the case of a public school) be 
eligible for free milk upon their request.
    (7) For the fiscal year ending June 30, 1975, and for subsequent 
school years, the minimum rate of reimbursement for a half-pint of milk 
served in schools and other eligible institutions shall not be less than 
5 cents per half-pint served to eligible children, and such minimum rate 
of reimbursement shall be adjusted on an annual basis each school year 
to reflect changes in the Producer Price Index for Fresh Processed Milk 
published by the Bureau of Labor Statistics of the Department of Labor.
    (8) Such adjustment shall be computed to the nearest one-fourth 
cent.
    (9) Notwithstanding any other provision of this section, in no event 
shall the minimum rate of reimbursement exceed the cost to the school or 
institution of milk served to children.
    (10) The State educational agency shall disburse funds paid to the 
State during any fiscal year for purposes of carrying out the program 
under this section in accordance with such agreements approved by the 
Secretary as may be entered into by such State agency and the schools in 
the State. The agreements described in the preceding sentence shall be 
permanent agreements that may be amended as necessary. Nothing in the 
preceding sentence shall be construed to limit the ability of the State 
educational agency to suspend or terminate any such agreement in 
accordance with regulations prescribed by the Secretary.
    (b) Commodity only schools shall not be eligible to participate in 
the special milk program under this section. For the purposes of the 
preceding sentence, the term ``commodity only schools'' means schools 
that do not participate in the school lunch program under the Richard B. 
Russell National School Lunch Act [42 U.S.C. 1751 et seq.], but which 
receive commodities made available by the Secretary for use by such 
schools in nonprofit lunch programs.

(Pub. L. 89-642, Sec. 3, Oct. 11, 1966, 80 Stat. 885; Pub. L. 91-295, 
June 30, 1970, 84 Stat. 336; Pub. L. 93-150, Sec. 7, Nov. 7, 1973, 87 
Stat. 563; Pub. L. 93-347, Sec. 3, July 12, 1974, 88 Stat. 341; Pub. L. 
94-105, Sec. 15(a), Oct. 7, 1975, 89 Stat. 522; Pub. L. 95-166, 
Secs. 11, 20(1), (2), Nov. 10, 1977, 91 Stat. 1337, 1346; Pub. L. 95-
627, Sec. 5(a), Nov. 10, 1978, 92 Stat. 3619; Pub. L. 96-499, title II, 
Sec. 209, Dec. 5, 1980, 94 Stat. 2602; Pub. L. 97-35, title VIII, 
Secs. 807, 813(c), Aug. 13, 1981, 95 Stat. 527, 530; Pub. L. 99-500, 
title III, Sec. 329, Oct. 18, 1986, 100 Stat. 1783-362, and Pub. L. 99-
591, title III, Sec. 329, Oct. 30, 1986, 100 Stat. 3341-365; Pub. L. 99-
661, div. D, title II, Sec. 4209, Nov. 14, 1986, 100 Stat. 4073; Pub. L. 
101-147, title II, Sec. 211, title III, Sec. 321, Nov. 10, 1989, 103 
Stat. 911, 916; Pub. L. 104-193, title VII, Sec. 721, Aug. 22, 1996, 110 
Stat. 2301; Pub. L. 106-78, title VII, Sec. 752(b)(16), Oct. 22, 1999, 
113 Stat. 1170.)

                       References in Text

    The Richard B. Russell National School Lunch Act, referred to in 
subsecs. (a)(1), (2), (5), (b), is act June 4, 1946, ch. 281, 60 Stat. 
230, as amended, which is classified generally to chapter 13 (Sec. 1751 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1751 of this title and 
Tables.

                          Codification

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


                               Amendments

    1999--Pub. L. 106-78 substituted ``Richard B. Russell National 
School Lunch Act'' for ``National School Lunch Act'' wherever appearing.
    1996--Subsec. (a)(3). Pub. L. 104-193 substituted ``the Commonwealth 
of the Northern Mariana Islands'' for ``the Trust Territory of the 
Pacific Islands''.
    1989--Subsec. (a). Pub. L. 101-147, Sec. 211(a), amended subsec. (a) 
as identically amended by Pub. L. 99-591, Sec. 329, and Pub. L. 99-661, 
Sec. 4209, to read as if only the amendment by Pub. L. 99-661 was 
enacted, resulting in no change in text, see 1986 Amendment note below.
    Subsec. (a)(1). Pub. L. 101-147, Sec. 321(1), substituted ``the 
Secretary'' for ``he'' before ``may deem''.
    Subsec. (a)(2). Pub. L. 101-147, Sec. 321(2), struck out ``(42 
U.S.C. 1751 et seq.)'' after ``National School Lunch Act''.
    Subsec. (a)(4). Pub. L. 101-147, Sec. 321(3), substituted ``the 
Secretary'' for ``he''.
    Subsec. (a)(5). Pub. L. 101-147, Sec. 321(4), substituted ``its'' 
for ``their'' before ``request''.
    Subsec. (a)(10). Pub. L. 101-147, Sec. 211(b), added par. (10).
    1986--Subsec. (a). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-
661 amended subsec. (a) identically, designating existing provisions as 
pars. (1) and (3) to (9), in par. (1), redesignating former cls. (1) and 
(2) as subpars. (A) and (B) and inserting ``except as provided in 
paragraph (2),'' in subpar. (A), and adding par. (2).
    1981--Subsec. (a). Pub. L. 97-35, Sec. 813(c)(1), designated 
existing provisions as subsec. (a).
    Pub. L. 97-35, Sec. 807, inserted provisions respecting 
nonparticipation in a meal service program, and struck out provisions 
relating to rate of reimbursement per half-pint of milk served to 
children not eligible for free milk in schools, child care institutions, 
and summer camps participating in meal service programs under the 
National School Lunch Act.
    Subsec. (b). Pub. L. 97-35, Sec. 813(c)(2), added subsec. (b).
    1980--Pub. L. 96-499 provided that rate of reimbursement per half-
pint of milk, served to children not eligible for free milk in schools, 
child care institutions, and summer camps participating in meal service 
programs under the National School Lunch Act and this chapter was to be 
five cents.
    1978--Pub. L. 95-627 substituted ``Producer Price Index for Fresh 
Processed Milk'' for ``series of food away from home of the Consumer 
Price Index'', and inserted provision relating to eligibility for free 
milk.
    1977--Pub. L. 95-166 provided free milk for children when milk is 
made available at times other than the periods of meal service in 
outlets that operate a food service program under sections 1753, 1766, 
and 1773 of this title, and substituted ``school years'' and ``annual 
basis each school year'' for ``fiscal years'' and ``annual basis each 
fiscal year'' and deleted ``thereafter, beginning with the fiscal year 
ending June 30, 1976,'' before ``to reflect changes''.
    1975--Pub. L. 94-105 added the Commonwealth of Puerto Rico, the 
Virgin Islands, American Samoa, and the Trust Territory of the Pacific 
Islands to definition of ``United States'', and inserted provision 
relating to minimum rate of reimbursement to schools and institutions of 
the cost of milk served to children.
    1974--Pub. L. 93-347 substituted ``such sums as may be necessary'' 
for ``, not to exceed $120,000,000,'' in provision limiting the size of 
appropriations authorized and inserted provisions setting a minimum rate 
of reimbursement for a half-pint of milk served in schools and other 
eligible institutions and allowing for an annual adjustment of the 
minimum rate.
    1973--Pub. L. 93-150 inserted provisions making any school or 
nonprofit child care institution eligible to receive the special milk 
program upon their request and any children that qualify for free 
lunches under guidelines set forth by the Secretary also eligible for 
free milk.
    1970--Pub. L. 91-295 substituted provisions authorizing 
appropriations of not to exceed $120,000,000 for fiscal year ending June 
30, 1970, and for each succeeding fiscal year, for provisions 
authorizing appropriations of not to exceed $110,000,000 for fiscal year 
ending June 30, 1967, not to exceed $115,000,000 for fiscal year ending 
June 30, 1968, and not to exceed $120,000,000 for each of two succeeding 
fiscal years, and provisions requiring Secretary to administer the 
special milk program provided for by this section in same manner as he 
administered the special milk program provided for by this chapter 
during fiscal year ending June 30, 1969, for provisions requiring the 
Secretary to administer such program in the same manner as he 
administered the special milk program provided for by Pub. L. 85-478, as 
amended, during fiscal year ending June 30, 1966, and provided that Guam 
be subject to provisions of this section.


                    Effective Date of 1986 Amendments

    Section 4209 of Pub. L. 99-661 provided that the amendment made by 
that section is effective Oct. 1, 1986.
    Section 329 of Pub. L. 99-500 and Pub. L. 99-591 provided that the 
amendment made by that section is effective July 1, 1987.


                    Effective Date of 1981 Amendment

    Amendment by section 807 of Pub. L. 97-35 effective Oct. 1, 1981, 
and amendment by section 813 of Pub. L. 97-35 effective 90 days after 
Aug. 13, 1981, see section 820(a)(3), (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 July 1, 1979, except as 
specifically provided, see section 14 of Pub. L. 95-627, set out as a 
note under section 1755 of this title.


                    Effective Date of 1977 Amendment

    Section 20 of Pub. L. 95-166 provided that the amendment made by 
that section is effective July 1, 1977.

                  Section Referred to in Other Sections

    This section is referred to in sections 1755, 1769f, 1775, 1776, 
1780 of this title.
