§ 1779. Regulations
(a) In general
The Secretary shall prescribe such regulations
as the Secretary may deem necessary to carry
out this chapter and the Richard B. Russell Na-
tional School Lunch Act [42 U.S.C. 1751 et seq.],
including regulations relating to the service of
food in participating schools and service institu-
tions in competition with the programs author-
ized under this chapter and the Richard B. Rus-
sell National School Lunch Act.
(b) National school nutrition standards
(1) Proposed regulations
(A) In general
The Secretary shall—
(i)
establish
science-based
nutrition
standards for foods sold in schools other
than foods provided under this chapter and
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
(ii) not later than 1 year after December
13, 2010, promulgate proposed regulations
to carry out clause (i).
(B) Application
The nutrition standards shall apply to all
foods sold—
(i) outside the school meal programs;
(ii) on the school campus; and
(iii) at any time during the school day.
(C) Requirements
In establishing nutrition standards under
this paragraph, the Secretary shall—
(i) establish standards that are con-
sistent with the most recent Dietary
Guidelines for Americans published under
section 5341 of title 7, including the food
groups to encourage and nutrients of con-
cern identified in the Dietary Guidelines;
and
(ii) consider—
(I)
authoritative
scientific
rec-
ommendations for nutrition standards;
(II) existing school nutrition stand-
ards, including voluntary standards for
beverages and snack foods and State and
local standards;
(III) the practical application of the
nutrition standards; and
(IV) special exemptions for school-
sponsored fundraisers (other than fund-
raisi
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_5bf335c94809a6069a6d750c Source file: Laws/federal/codes/united-states-code-2024/title-42/section-1779-regulations--4a5f9d7e59.md Pages: Not recorded – Not recorded Passage SHA-256: 935bfa4de43e7822be892589f9e3728d5f865e54b32c67033a311a291badde36 Retained source evidence SHA-256: 365af5437ad830cd1568990e5a2604615064c934f686f5e0957dabcb3b5cc5e1
Page 5016
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1778
its program foods designated from time to time
by the Secretary as being in abundance, either
nationally or in the school area, or foods do-
nated by the Secretary. Foods available under
section 1431 of title 7 or purchased under section
612c or 1446a–1 of title 7, may be donated by the
Secretary to schools, in accordance with the
needs as determined by local school authorities,
for utilization in their feeding programs under
this chapter.
(Pub. L. 89–642, § 8, Oct. 11, 1966, 80 Stat. 888.)
§ 1778. Nonprofit programs
The food and milk service programs in schools
and nonprofit institutions receiving assistance
under this chapter shall be conducted on a non-
profit basis.
(Pub. L. 89–642, § 9, Oct. 11, 1966, 80 Stat. 888.)
§ 1779. Regulations
(a) In general
The Secretary shall prescribe such regulations
as the Secretary may deem necessary to carry
out this chapter and the Richard B. Russell Na-
tional School Lunch Act [42 U.S.C. 1751 et seq.],
including regulations relating to the service of
food in participating schools and service institu-
tions in competition with the programs author-
ized under this chapter and the Richard B. Rus-
sell National School Lunch Act.
(b) National school nutrition standards
(1) Proposed regulations
(A) In general
The Secretary shall—
(i)
establish
science-based
nutrition
standards for foods sold in schools other
than foods provided under this chapter and
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
(ii) not later than 1 year after December
13, 2010, promulgate proposed regulations
to carry out clause (i).
(B) Application
The nutrition standards shall apply to all
foods sold—
(i) outside the school meal programs;
(ii) on the school campus; and
(iii) at any time during the school day.
(C) Requirements
In establishing nutrition standards under
this paragraph, the Secretary shall—
(i) establish standards that are con-
sistent with the most recent Dietary
Guidelines for Americans published under
section 5341 of title 7, including the food
groups to encourage and nutrients of con-
cern identified in the Dietary Guidelines;
and
(ii) consider—
(I)
authoritative
scientific
rec-
ommendations for nutrition standards;
(II) existing school nutrition stand-
ards, including voluntary standards for
beverages and snack foods and State and
local standards;
(III) the practical application of the
nutrition standards; and
(IV) special exemptions for school-
sponsored fundraisers (other than fund-
raising
through
vending
machines,
school stores, snack bars, a la carte
sales, and any other exclusions deter-
mined by the Secretary), if the fund-
raisers are approved by the school and
are infrequent within the school.
(D) Updating standards
As soon as practicable after the date of
publication by the Department of Agri-
culture and the Department of Health and
Human Services of a new edition of the Die-
tary Guidelines for Americans under section
5341 of title 7, the Secretary shall review and
update as necessary the school nutrition
standards
and
requirements
established
under this subsection.
(2) Implementation
(A) Effective date
The interim or final regulations under this
subsection shall take effect at the beginning
of the school year that is not earlier than 1
year and not later than 2 years following the
date on which the regulations are finalized.
(B) Reporting
The Secretary shall submit to the Com-
mittee on Agriculture, Nutrition, and For-
estry of the Senate and the Committee on
Education and Labor of the House of Rep-
resentatives a quarterly report that de-
scribes progress made toward promulgating
final regulations under this subsection.
(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 ap-
proved 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 apportion-
ment to any State to carry out special develop-
mental projects.
(Pub. L. 89–642, § 10, Oct. 11, 1966, 80 Stat. 889;
Pub. L. 91–248, § 8, May 14, 1970, 84 Stat. 212; Pub.
L. 92–433, § 7, Sept. 26, 1972, 86 Stat. 729; Pub. L.
95–166, § 17, Nov. 10, 1977, 91 Stat. 1345; Pub. L.
101–147, title III, § 323, Nov. 10, 1989, 103 Stat. 916;
Pub. L. 103–448, title II, § 203, Nov. 2, 1994, 108
Stat. 4738; Pub. L. 104–193, title VII, § 725, Aug.
22, 1996, 110 Stat. 2302; Pub. L. 106–78, title VII,
§ 752(b)(16), Oct. 22, 1999, 113 Stat. 1170; Pub. L.
111–296, title II, § 208, Dec. 13, 2010, 124 Stat. 3221.)
Editorial Notes
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, which is classified generally to chapter 13 (§ 1751 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1751 of this title and Tables.
AMENDMENTS
2010—Pub. L. 111–296 inserted subsec. (a) heading,
added subsec. (b), and struck out former subsec. (b)
Page 5017
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1782
which related to sale of competitive foods approved by
the Secretary.
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 edu-
cational agencies, model language that bans the sale of
competitive foods of minimal nutritional value any-
where 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 ef-
fective 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 Sec-
retary’’ after ‘‘competitive foods’’.
1972—Pub. L. 92–433 inserted provision that regula-
tions 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.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and Labor of House of Rep-
resentatives changed to Committee on Education and
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Eighteenth Congress,
Jan. 9, 2023.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–296 effective Oct. 1, 2010,
except as otherwise specifically provided, see section
445 of Pub. L. 111–296, set out as a note under section
1751 of this title.
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.
§ 1780. Prohibitions
(a) Interference with school personnel, cur-
riculum, or instruction
In carrying out the provisions of sections 1772
and 1773 of this title, the Secretary shall not im-
pose any requirements with respect to teaching
personnel, curriculum, instruction, methods of
instruction, and materials of instruction.
(b) Inclusion of assistance in determining in-
come or resources
The value of assistance to children under this
chapter shall not be considered to be income or
resources for any purpose under any Federal or
State laws including, but not limited to, laws
relating to taxation, welfare, and public assist-
ance programs. Expenditures of funds from
State and local sources for the maintenance of
food programs for children shall not be dimin-
ished as a result of funds received under this
chapter.
(c) Federal law not applicable
Section 1693o–2 of title 15 shall not apply to
electronic benefit transfer systems established
under this chapter or the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.).
(Pub. L. 89–642, § 11, Oct. 11, 1966, 80 Stat. 889;
Pub. L. 97–35, title VIII, § 819(f), Aug. 13, 1981, 95
Stat. 533; Pub. L. 104–193, title VII, § 726, Aug. 22,
1996, 110 Stat. 2302; Pub. L. 111–203, title X,
§ 1075(d), July 21, 2010, 124 Stat. 2074.)
Editorial Notes
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act,
referred to in subsec. (c), is act June 4, 1946, ch. 281, 60
Stat. 230, which is classified generally to chapter 13
(§ 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
2010—Subsec. (c). Pub. L. 111–203 added subsec. (c).
1996—Subsec. (a). Pub. L. 104–193 substituted ‘‘the
Secretary shall not’’ for ‘‘neither the Secretary nor the
State shall’’.
1981—Subsec. (a). Pub. L. 97–35 struck out reference to
section 1774 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective 1 day after
July 21, 2010, except as otherwise provided, see section
4 of Pub. L. 111–203, set out as an Effective Date note
under section 5301 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see
section 820(a)(4) of Pub. L. 97–35, set out as a note under
section 1753 of this title.
§ 1781. Preschool programs
The Secretary may extend the benefits of all
school feeding programs conducted and super-
vised by the Department of Agriculture to in-
clude preschool programs operated as part of the
school system.
(Pub. L. 89–642, § 12, Oct 11, 1966, 80 Stat. 889.)
§ 1782. Centralization in Department of Agri-
culture of administration of food service pro-
grams for children
Authority for the conduct and supervision of
Federal programs to assist schools in providing
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
**(a) In general** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) 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) National school nutrition standards**
(1) **Proposed regulations**
(A) *In general* — The Secretary shall—
(i) establish science-based nutrition standards for foods sold in schools other than foods provided under this chapter and 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
(ii) not later than 1 year after December 13, 2010, promulgate proposed regulations to carry out clause (i).
(B) *Application* — The nutrition standards shall apply to all foods sold—
(i) outside the school meal programs;
(ii) on the school campus; and
(iii) at any time during the school day.
(C) *Requirements* — In establishing nutrition standards under this paragraph, the Secretary shall—
(i) establish standards that are consistent with the most recent Dietary Guidelines for Americans published under [section 5341 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5341&num=0&edition=prelim), including the food groups to encourage and nutrients of concern identified in the Dietary Guidelines; and
(ii) consider—
(I) authoritative scientific recomme