
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1779]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 13A--CHILD NUTRITION
 
Sec. 1779. Rules and regulations


(a) Authority of Secretary

    The Secretary shall prescribe such regulations as the Secretary may 
deem necessary to carry out this chapter and the Richard B. Russell 
National School Lunch Act [42 U.S.C. 1751 et seq.], including 
regulations relating to the service of food in participating schools and 
service institutions in competition with the programs authorized under 
this chapter and the Richard B. Russell National School Lunch Act.

(b) Sale of competitive foods

    The regulations shall not prohibit the sale of competitive foods 
approved by the Secretary in food service facilities or areas during the 
time of service of food under this chapter or the Richard B. Russell 
National School Lunch Act [42 U.S.C. 1751 et seq.] if the proceeds from 
the sales of such foods will inure to the benefit of the schools or of 
organizations of students approved by the schools.

(c) Transfer of funds; reserve for special projects

    In such regulations the Secretary may provide for the transfer of 
funds by any State between the programs authorized under this chapter 
and the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et 
seq.] on the basis of an approved State plan of operation for the use of 
the funds and may provide for the reserve of up to 1 per centum of the 
funds available for apportionment to any State to carry out special 
developmental projects.

(Pub. L. 89-642, Sec. 10, Oct. 11, 1966, 80 Stat. 889; Pub. L. 91-248, 
Sec. 8, May 14, 1970, 84 Stat. 212; Pub. L. 92-433, Sec. 7, Sept. 26, 
1972, 86 Stat. 729; Pub. L. 95-166, Sec. 17, Nov. 10, 1977, 91 Stat. 
1345; Pub. L. 101-147, title III, Sec. 323, Nov. 10, 1989, 103 Stat. 
916; Pub. L. 103-448, title II, Sec. 203, Nov. 2, 1994, 108 Stat. 4738; 
Pub. L. 104-193, title VII, Sec. 725, Aug. 22, 1996, 110 Stat. 2302; 
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 
text, 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.


                               Amendments

    1999--Pub. L. 106-78 substituted ``Richard B. Russell National 
School Lunch Act'' for ``National School Lunch Act'' wherever appearing.
    1996--Subsec. (b). Pub. L. 104-193 redesignated par. (1) as subsec. 
(b) and struck out pars. (2) to (4) which read as follows:
    ``(2) The Secretary shall develop and provide to State agencies, for 
distribution to private elementary schools and to public elementary 
schools through local educational agencies, model language that bans the 
sale of competitive foods of minimal nutritional value anywhere on 
elementary school grounds before the end of the last lunch period.
    ``(3) The Secretary shall provide to State agencies, for 
distribution to private secondary schools and to public secondary 
schools through local educational agencies, a copy of regulations (in 
existence on the effective date of this paragraph) concerning the sale 
of competitive foods of minimal nutritional value.
    ``(4) Paragraphs (2) and (3) shall not apply to a State that has in 
effect a ban on the sale of competitive foods of minimal nutritional 
value in schools in the State.''
    1994--Pub. L. 103-448 designated existing provisions as subsecs. (a) 
to (c), realigned margins, and in subsec. (b) designated existing 
provisions as par. (1), substituted ``The regulations'' for ``Such 
regulations'', and added pars. (2) to (4).
    1989--Pub. L. 101-147 substituted ``the Secretary'' for ``he'' 
before ``may deem'' in first sentence.
    1977--Pub. L. 95-166 inserted ``approved by the Secretary'' after 
``competitive foods''.
    1972--Pub. L. 92-433 inserted provision that regulations issued 
under the section shall not prohibit the sale of competitive foods in 
food service facilities or areas during the time of service of food if 
the proceeds from the sales of such foods inures to the benefit of the 
schools or organizations of students approved by the school.
    1970--Pub. L. 91-248 provided that regulations under this chapter 
and under the National School Lunch Act may include provisions relating 
to the service of food in participating schools and service institutions 
in competition with programs under this chapter and the National School 
Lunch Act, provided for transfer of funds by any State between programs 
authorized under this chapter and under the National School Lunch Act, 
and provided for a reserve of up to one percent of the funds available 
for apportionment to any State to carry out special development 
projects.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1759a, 1766 of this title.
