Attachment I: Child Nutrition Act of 1966(42 U.S.C. 1779)

Attachment I:
Child Nutrition Act of 1966
(42 U.S.C. 1779)

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CHILD NUTRITION ACT OF 1966
[Public Law 89–642, Enacted October 11, 1966]
[As Amended Through P.L. 111–296, Effective Dec. 13, 2010]
øCurrency: This publication is a compilation of the text of Public Law 89-642. It was
last amended by the public law listed in the As Amended Through note above and
below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
TABLE OF CONTENTS 1
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1. ø1771 note¿ Short title.
2. ø1771¿ Declaration of purpose.
3. ø1772¿ Special milk program authorization.
4. ø1773¿ School breakfast program authorization.
5. ø1774¿ Disbursement to schools by the Secretary.
6. ø1775¿ Payments to States.
7. ø1776¿ State administrative expenses.
8. ø1777¿ Utilization of foods.
9. ø1778¿ Nonprofit programs.
10. ø1779¿ Regulations.
11. ø1780¿ Prohibitions.
12. ø1781¿ Preschool programs.
13. ø1782¿ Centralization of administration.
14. ø1783¿ Appropriations for administrative expense.
15. ø1784¿ Miscellaneous provisions and definitions.
16. ø1785¿ Accounts and records.
17. ø1786¿ Special supplemental nutrition program for women, infants, and
children.
19. ø1788¿ Team nutrition network.
20. ø1789¿ Department of Defense overseas dependents’ schools.
21. ø1790¿ Breastfeeding promotion program.
22. ø1791¿ Bill Emerson Good Samaritan Food Donation Act.
23. ø1793¿ Grants for expansion of school breakfast programs.
AN ACT To strengthen and expand food service programs for children.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, ø42 U.S.C. 1771
note¿ That this Act may be cited as the ‘‘Child Nutrition Act of
1966’’. 2
1 This

table of contents is not part of the Act but is included for user convenience. The
numbers in brackets refer to section numbers in title 42 United States Code.
2 P.L. 89–642, 80 Stat. 885, Oct. 11, 1966.

1
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15

CHILD NUTRITION ACT OF 1966

Sec. 10

SEC. 10. ø42 U.S.C. 1779¿ REGULATIONS.
(a) IN GENERAL.—The Secretary

shall prescribe such regulations as the Secretary may deem necessary to carry out this Act
and the Richard B. Russell National School Lunch Act ø(42 U.S.C.
1751 et seq.)¿, including regulations relating to the service of food
in participating schools and service institutions in competition with
the programs authorized under this Act 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 Act and the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
(ii) not later than 1 year after the date of enactment of this paragraph, 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 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7
U.S.C. 5341), including the food groups to encourage
and nutrients of concern identified in the Dietary
Guidelines; and
(ii) consider—
(I) authoritative scientific recommendations
for nutrition standards;
(II) existing school nutrition standards, 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 fundraising through vending machines, school stores, snack bars, a la carte
sales, and any other exclusions determined by the
Secretary), if the fundraisers 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 Agriculture and the Department of Health and Human Services of a new edition of the Dietary Guidelines for Americans under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341),
the Secretary shall review and update as necessary the
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Sec. 11

CHILD NUTRITION ACT OF 1966

16

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
Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Education and Labor of the
House of Representatives a quarterly report that describes
progress made toward promulgating final regulations
under this subsection.
(c) In such regulations the Secretary may provide for the transfer of funds by any State between the programs authorized under
this Act and the Richard B. Russell National School Lunch Act on
the basis of an approved 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 apportionment to any State to carry out special
developmental projects.
PROHIBITIONS

SEC. 11. ø42 U.S.C. 1780¿ (a) In carrying out the provisions of
sections 3 and 4 of this Act, the Secretary shall not impose any requirements with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction.
(b) The value of assistance to children under this Act 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 assistance programs. Expenditures
of funds from State and local sources for the maintenance of food
programs for children shall not be diminished as a result of funds
received under this Act.
(c) FEDERAL LAW NOT APPLICABLE.—Section 920 of the Electronic Fund Transfer Act shall not apply to electronic benefit transfer systems established under this Act or the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
PRESCHOOL PROGRAMS

SEC. 12. ø42 U.S.C. 1781¿ The Secretary may extend the benefits of all school feeding programs conducted and supervised by the
Department of Agriculture to include preschool programs operated
as part of the school system.
CENTRALIZATION OF ADMINISTRATION

SEC. 13. ø42 U.S.C. 1782¿ Authority for the conduct and supervision of Federal programs to assist schools in providing food service programs for children is assigned to the Department of Agriculture. To the extent practicable, other Federal agencies administering programs under which funds are to be provided to schools
for such assistance shall transfer such funds to the Department of
Agriculture for distribution through the administrative channels
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