Attachment E. Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779)

ATTACHMENT E.
SECTION 10 OF THE CHILD NUTRITION ACT OF
1966 (42 U.S.C. 1779)

SEC. 10. [42 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 [(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

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Related Research Act of 1990 (7 U.S.C. 5341), 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
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 trans
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 percentum of the
funds available for apportionment to any State to carry out special
developmental projects.