42 U.S.C. § 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
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) 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 Secreta
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Source location: Title 42, Chapter 13A, § 1772; chapter-13a-child-nutrition.md
Stored source content
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.], but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.
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Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1751. Congressional declaration of policy
It is declared to be the policy of Congress, as
a measure of national security, to safeguard the
health and well-being of the Nation’s children
and to encourage the domestic consumption of
nutritious agricultural commodities and other
food, by assisting the States, through grants-in-
aid and other means, in providing an adequate
supply of foods and other facilities for the estab-
lishment, maintenance, operation, and expan-
sion of nonprofit school lunch programs.
(June 4, 1946, ch. 281, § 2, 60 Stat. 230; Pub. L.
101–147, title III, § 312(1), Nov. 10, 1989, 103 Stat.
916.)
Editorial Notes
AMENDMENTS
1989—Pub. L. 101–147 substituted ‘‘school lunch’’ for
‘‘school-lunch’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–296, title IV, § 445, Dec. 13, 2010, 124 Stat.
3266, provided that: ‘‘Except as otherwise specifically
provided in this Act [see Short Title of 2010 Amend-
ment note below] or any of the amendments made by
this Act, this Act and the amendments made by this
Act take effect on October 1, 2010.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–147, § 2, Nov. 10, 1989, 103 Stat. 878, pro-
vided that: ‘‘Except as otherwise provided in this Act,
the amendments made by this Act [see Short Title of
1989 Amendment note below] shall take effect on the
date of the enactment of this Act [Nov. 10, 1989].’’
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–158, § 1, June 25, 2022, 136 Stat. 1309, pro-
vided that: ‘‘This Act [amending section 2254c of Title
7, Agriculture, enacting provisions set out as notes
under sections 1753, 1760, and 1766 of this title, and
amending provisions set out as a note under section
1760 of this title] may be cited as the ‘Keep Kids Fed
Act
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1772. Special program to encourage the con-
sumption of fluid milk by children; author-
ization of appropriations; eligibility for spe-
cial milk program; minimum rate of reim-
bursement; ineligibility of commodity only
schools
(a)(1) There is hereby authorized to be appro-
priated 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 chil-
dren in the United States in (A) nonprofit
schools of high school grade and under, except
as provided in paragraph (2), which do not par-
ticipate in a meal service program authorized
under this chapter or the Richard B. Russell Na-
tional 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 par-
ticipate in a meal service program authorized
under this chapter or the Richard B. Russell Na-
tional 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 Com-
monwealth of Puerto Rico, the Virgin Islands,
American Samoa, the Commonwealth of the
Northern Mariana Islands, and the District of
Colu