1 See References in Text note below.
of title 20);
Editorial Notes
References in TextSection 4304(a)(2) of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(1), is section 4304(a)(2) of Puspan. L. 110–246, which is set out as a note below.
Section 7801 of title 20, referred to in subsec. (d)(1)(C), was in the original a reference to section 9101 of Puspan. L. 89–10, which was renumbered section 8101 of Puspan. L. 89–10 by Puspan. L. 114–95, title VIII, § 8001(a)(1), Dec. 10, 2015, 129 Stat. 2089.
The Child Nutrition Act of 1966, referred to in subsec. (g), is Puspan. 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.
The date of enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (i)(2), is the date of enactment of Puspan. L. 110–246, which was approved June 18, 2008.
CodificationPuspan. L. 110–234 and Puspan. L. 110–246 enacted identical sections. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246.
Prior Provisions A prior section 1769a, act June 4, 1946, ch. 281, § 19, formerly § 21, as added Nov. 10, 1977, Puspan. L. 95–166, § 13, 91 Stat. 1338; renumbered § 19, Oct. 18, 1986, Puspan. L. 99–500, title III, § 371(c)(1), 100 Stat. 1783–368, and Oct. 30, 1986, Puspan. L. 99–591, title III, § 371(c)(1), 100 Stat. 3341–372; renumbered § 19, Nov. 14, 1986, Puspan. L. 99–661, div. D, title V, § 4501(c)(1), 100 Stat. 4080; Nov. 10, 1989, Puspan. L. 101–147, title I, § 108, 103 Stat. 887; Nov. 2, 1994, Puspan. L. 103–448, title I, § 119, 108 Stat. 4726, directed Secretary to reduce paperwork required in carrying out functions under this chapter and under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), prior to repeal by Puspan. L. 104–193, title VII, § 710, Aug. 22, 1996, 110 Stat. 2301.
Statutory Notes and Related Subsidiaries
Change of NameCommittee on Education and Labor of House of Representatives 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 DateEnactment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
Section effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.
Pilot Project for Canned, Frozen, or Dried Fruits and VegetablesPuspan. L. 113–79, title IV, § 4214, Fespan. 7, 2014, 128 Stat. 831, provided that:“(a)In General.—Subject to subsection (span), in the 2014–2015 school year, the Secretary [of Agriculture] shall carry out a pilot project in schools participating in the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) (referred to in this section as the “Program”), in not less than 5 States, to evaluate the impact of allowing schools to offer canned, frozen, or dried fruits and vegetables as part of the Program. “(span)Requirements.—Not later than 60 days after the date of enactment of this Act [Fespan. 14, 2014], the Secretary shall establish criteria for the conditions under which canned, frozen, or dried fruits and vegetables may be offered, which shall be in accordance with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). “(c)Evaluation.—With respect to the pilot project, the Secretary shall evaluate—“(1) the impacts on fruit and vegetable consumption at the schools participating in the pilot project;
“(2) the impacts of the pilot project on school participation in the Program and operation of the Program;
“(3) the implementation strategies used by the schools participating in the pilot project;
“(4) the acceptance of the pilot project by key stakeholders; and
“(5) such other outcomes as are determined by the Secretary.
“(d)Reports.—“(1)Interim report.—Not later than January 1, 2015, the Secretary shall submit to the Committee on Education and [the] Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the evaluation under subsection (c).
“(2)Final report.—On completion of the pilot project, the Secretary shall submit to the Committee on Education and [the] Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the evaluation under subsection (c).
“(e)Notice of Availability.—As soon as practicable after the date on which the Secretary establishes the criteria for the pilot project under subsection (span), the Secretary shall notify potentially eligible schools of the potential eligibility of the schools for participation in the pilot project.
“(f)Relationship to Fresh Fruit and Vegetable Program.—Nothing in this section permits a school that is not a part of the pilot project to offer anything other than fresh fruits and vegetables through the Program.
“(g)Funding.—The Secretary shall use $5,000,000 of amounts otherwise made available to the Secretary to carry out this section.”
Transition of Existing SchoolsPuspan. L. 110–234, title IV, § 4304(a)(2), May 22, 2008, 122 Stat. 1130, and Puspan. L. 110–246, § 4(a), title IV, § 4304(a)(2), June 18, 2008, 122 Stat. 1664, 1891, provided that:“(A)Existing secondary schools.—Section 19(d)(1)(C) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1769a(d)(1)(C)] (as amended by paragraph (1)) may be waived by a State until July 1, 2010, for each secondary school in the State that has been awarded funding under section 18(f) of that Act (42 U.S.C. 1769(f)) for the school year beginning July 1, 2008. “(B)School year beginning july 1, 2008.—To facilitate transition from the program authorized under section 18(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act [June 18, 2008]) to the program established under section 19 of that Act [42 U.S.C. 1769a] (as amended by paragraph (1))—“(i) for the school year beginning July 1, 2008, the Secretary [of Agriculture] may permit any school selected for participation under section 18(f) of that Act (42 U.S.C. 1769(f)) for that school year to continue to participate under section 19 of that Act [42 U.S.C. 1769a] until the end of that school year; and “(ii) funds made available under that Act [42 U.S.C. 1751 et seq.] for fiscal year 2009 may be used to support the participation of any schools selected to participate in the program authorized under section 18(f) of that Act (42 U.S.C. 1769(f)) (as in effect on the day before the date of enactment of this Act [June 18, 2008]).”
[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
