Us Code § 1754 - Nutrition promotion
Full text of Us Code United States Code § 1754 — Nutrition promotion, with citation guidance and answers to common questions.
§ 1754. Nutrition promotion
(a) In general
Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(b) Total amount for each fiscal year
The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying—
(1) ½ cent; by
(2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs.
(c) Payments to States
(1) Allocation
Subject to paragraph (2), from the amount of funds available under subsection (g) for a fiscal year, the Secretary shall allocate to each State agency an amount equal to the greater of—
(A) a uniform base amount established by the Secretary; or
(B) an amount determined by the Secretary, based on the ratio that—
(i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the State that participate in the food service programs; bears to
(ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all States that participate in the food service programs.
(2) Reductions
The Secretary shall reduce allocations to State agencies qualifying for an allocation under paragraph (1)(B), in a manner determined by the Secretary, to the extent necessary to ensure that the total amount of funds allocated under paragraph (1) is not greater than the amount appropriated under subsection (g).
(d) Use of payments
(1) Use by State agencies
A State agency may reserve, to support dissemination and use of nutrition messages and material developed by the Secretary, up to—
(A) 5 percent of the payment received by the State for a fiscal year under subsection (c); or
(B) in the case of a small State (as determined by the Secretary), a higher percentage (as determined by the Secretary) of the payment.
(2) Disbursement to schools and institutions
Subject to paragraph (3), the State agency shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in subsection (a) to disseminate and use nutrition messages and material developed by the Secretary.
(3) Summer food service program for children
In addition to any amounts reserved under paragraph (1), in the case of the summer food service program for children established under section 1761 of this title, the State agency may—
(A) retain a portion of the funds made available under subsection (c) (as determined by the Secretary); and
(B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the Secretary.
(e) Documentation
A State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section.
(f) Reallocation
The Secretary may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the Secretary.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.
(June 4, 1946, ch. 281, §5, as added Pub. L. 108–265, title I, §101, June 30, 2004, 118 Stat. 730.)
Editorial Notes
References in Text
The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables.
Prior Provisions
A prior section 1754, acts June 4, 1946, ch. 281, §5, 60 Stat. 231; July 12, 1952, ch. 699, §1(b), 66 Stat. 591; Sept. 25, 1962, Pub. L. 87–688, §3(a), 76 Stat. 587; Oct. 15, 1962, Pub. L. 87–823, §3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L. 95–166, §3, 91 Stat. 1332, related to amount, apportionment, etc., for food service equipment assistance, prior to repeal by Pub. L. 97–35, title VIII, §§805(a), 820(a)(4), Aug. 13, 1981, 95 Stat. 527, 534, effective Oct. 1, 1981.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 108–265, title V, §502, June 30, 2004, 118 Stat. 789, as amended by Pub. L. 108–447, div. A, title VII, §788(f), Dec. 8, 2004, 118 Stat. 2851, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
About This Section
42 U.S.C. § 1754 is part of Title 42 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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