42 USC 1762a - Commodity distribution program

U.S Code last checked for updates: Nov 22, 2024

§ 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 [

(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

(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.].

(e)

Consultation with school representatives

(f)

Commodity only schools

(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

(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.

(June 4, 1946, ch. 281, § 14, as added Pub. L. 93–326, § 2, June 30, 1974, 88 Stat. 286; amended Pub. L. 94–105, § 10, Oct. 7, 1975, 89 Stat. 515; Pub. L. 95–166, § 6, Nov. 10, 1977, 91 Stat. 1334; Pub. L. 95–627, § 12(b), Nov. 10, 1978, 92 Stat. 3625; Pub. L. 96–499, title II, § 202(c), Dec. 5, 1980, 94 Stat. 2600; Pub. L. 97–35, title VIII, §§ 813(a), 819(j), Aug. 13, 1981, 95 Stat. 530, 533; Pub. L. 98–459, title VIII, § 801(a), Oct. 9, 1984, 98 Stat. 1792; Pub. L. 99–500, title III, §§ 312, 363, Oct. 18, 1986, 100 Stat. 1783–360, 1783–368, and Pub. L. 99–591, title III, §§ 312, 363, Oct. 30, 1986, 100 Stat. 3341–363, 3341–371; Pub. L. 99–661, div. D, title I, § 4102, title IV, § 4403, Nov. 14, 1986, 100 Stat. 4071, 4079; Pub. L. 100–356, § 2, June 28, 1988, 102 Stat. 669; Pub. L. 101–147, title I, § 103(a)–(b)(2)(A), (c), Nov. 10, 1989, 103 Stat. 882; Pub. L. 103–448, title I, § 115, Nov. 2, 1994, 108 Stat. 4713; Pub. L. 104–193, title VII, § 707, Aug. 22, 1996, 110 Stat. 2293; Pub. L. 105–336, title I, §§ 101(b), 106, Oct. 31, 1998, 112 Stat. 3144, 3149; Pub. L. 108–134, § 4, Nov. 22, 2003, 117 Stat. 1389; Pub. L. 108–211, § 4, Mar. 31, 2004, 118 Stat. 566; Pub. L. 108–265, title I, §§ 117, 118, June 30, 2004, 118 Stat. 752; Pub. L. 111–296, title IV, § 441(a)(6), Dec. 13, 2010, 124 Stat. 3264.)

cite as: 42 USC 1762a