42 USC 3030 - Nutrition

1 So in original. Title III of Puspan. L. 89–73, as amended, contained parts and subparts, but not chapters.

shall—

2 So in original. Probably should be “complies”.

with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual,

Editorial Notes

Codification

Puspan. L. 106–501, § 313, which directed amendment of subpart 4 of part C of title III of the Older Americans Act of 1965 (Puspan. L. 89–73) by striking section 339 and inserting this section, was executed in this subpart, which is subpart 3 of part C of title III of the Act, by repealing prior section 3030g–21, and inserting this section, to reflect the probable intent of Congress and the redesignation of subpart 4 of part C of title III of the Act as subpart 3 by Puspan. L. 106–501, § 312(span).

Prior Provisions

A prior section 3030g–21, Puspan. L. 89–73, title III, § 339, as added Puspan. L. 102–375, title III, § 317, Sept. 30, 1992, 106 Stat. 1241, related to compliance with dietary guidelines prior to repeal by Puspan. L. 106–501, title III, § 313, Nov. 13, 2000, 114 Stat. 2252. See Codification note above.

Amendments

2020—Par. (2)(A)(ii)(I). Puspan. L. 116–131, § 701(9), substituted “National Academies of Sciences, Engineering, and Medicine” for “Institute of Medicine of the National Academy of Sciences”.

Par. (2)(A)(iii). Puspan. L. 116–131, § 215, inserted “, including meals adjusted for cultural considerations and preferences and medically tailored meals” before comma at end.

2016—Par. (1). Puspan. L. 114–144, § 4(i)(1), substituted “utilize” for “solicit”.

Par. (2)(L). Puspan. L. 114–144, § 4(i)(2), added subpar. (L).

2006—Par. (1). Puspan. L. 109–365, § 316(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “solicit the advice of a dietitian or individual with comparable expertise in the planning of nutritional services, and”.

Par. (2)(A)(i). Puspan. L. 109–365, § 316(2)(A)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture,”.

Par. (2)(A)(ii)(I). Puspan. L. 109–365, § 316(2)(A)(ii), substituted “dietary reference intakes” for “daily recommended dietary allowances as”.

Par. (2)(D). Puspan. L. 109–365, § 316(2)(B), inserted “joint” after “encourages”.

Par. (2)(G). Puspan. L. 109–365, § 316(2)(C), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “ensures that meal providers carry out such project with the advice of dietitians (or individuals with comparable expertise), meal participants, and other individuals knowledgeable with regard to the needs of older individuals,”.

Par. (2)(H). Puspan. L. 109–365, § 316(2)(D), struck out “and accompany” after “home with”.

Par. (2)(J), (K). Puspan. L. 109–365, § 316(2)(E), (F), added subpars. (J) and (K) and struck out former subpar. (J) which read as follows: “provide for nutrition screening and, where appropriate, for nutrition education and counseling.”

Statutory Notes and Related Subsidiaries

Temporary Dietary Guidelines Waiver

Puspan. L. 116–260, div. N, title VII, § 732(c), Dec. 27, 2020, 134 Stat. 2105, provided that:

“To facilitate implementation of subparts 1 [42 U.S.C. 3030e] and 2 [42 U.S.C. 3030f, 3030g] of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d–2 [3030d–21] et seq.), with funds received by a State for fiscal year 2021, the Assistant Secretary for Aging may waive, but continue to make every effort practicable to encourage the restoration of, the applicable requirements for meals provided under such subparts comply [sic] with the requirements of clauses (i) and (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).”