42 USC 1769a - Fresh fruit and vegetable program

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

§ 1769a.

Fresh fruit and vegetable program

(a)

In general

(b)

Program

(c)

Funding to States

(1)

Minimum grant

(2)

Additional funding

Of the funds remaining after grants are made under paragraph (1), the Secretary shall allocate additional funds to each State that is operating a school lunch program under section 1753 of this title based on the proportion that—

(A)

the population of the State; bears to

(B)

the population of the United States.

(d)

Selection of schools

(1)

In general

Except as provided in paragraph (2) of this subsection and section 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall—

(A)

ensure that each school chosen to participate in the program is a school—

(i)

in which not less than 50 percent of the students are eligible for free or reduced price meals under this chapter; and

(ii)

that submits an application in accordance with subparagraph (D);

(B)

to the maximum extent practicable, give the highest priority to schools with the highest proportion of children who are eligible for free or reduced price meals under this chapter;

(C)

ensure that each school selected is an elementary school (as defined in section 7801 1

 See References in Text note below.

of title 20);

(D)

solicit applications from interested schools that include—

(i)

information pertaining to the percentage of students enrolled in the school submitting the application who are eligible for free or reduced price school lunches under this chapter;

(ii)

a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school);

(iii)

a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and

(iv)

such other information as may be requested by the Secretary; and

(E)

encourage applicants to submit a plan for implementation of the program that includes a partnership with 1 or more entities that will provide non-Federal resources (including entities representing the fruit and vegetable industry).

(2)

Exception

(3)

Outreach to low-income schools

(A)

In general

(B)

Requirement

(e)

Notice of availability

(f)

Per-student grant

The per-student grant provided to a school under this section shall be—

(1)

determined by a State agency; and

(2)

not less than $50, nor more than $75.

(g)

Limitation

(h)

Evaluation and reports

(1)

In general

The Secretary shall conduct an evaluation of the program, including a determination as to whether children experienced, as a result of participating in the program—

(A)

increased consumption of fruits and vegetables;

(B)

other dietary changes, such as decreased consumption of less nutritious foods; and

(C)

such other outcomes as are considered appropriate by the Secretary.

(2)

Report

(i)

Funding

(1)

In general

Out of the funds made available under subsection (b)(2)(A) of section 612c–6 of title 7, the Secretary shall use the following amounts to carry out this section:

(A)

On October 1, 2008, $40,000,000.

(B)

On July 1, 2009, $65,000,000.

(C)

On July 1, 2010, $101,000,000.

(D)

On July 1, 2011, $150,000,000.

(E)

On July 1, 2012, and each July 1 thereafter, the amount made available for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding April 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, for items other than food.

(2)

Maintenance of existing funding

(3)

Evaluation funding

(4)

Receipt and acceptance

(5)

Authorization of appropriations

(6)

Administrative costs

(A)

In general

(B)

Reservation of funds

(7)

Reallocation

(A)

Among States

(B)

Within States

(June 4, 1946, ch. 281, § 19, as added Pub. L. 110–234, title IV, § 4304(a)(1), May 22, 2008, 122 Stat. 1127, and Pub. L. 110–246, § 4(a), title IV, § 4304(a)(1), June 18, 2008, 122 Stat. 1664, 1888.)

cite as: 42 USC 1769a