U.S Code last checked for updates: Apr 29, 2024
§ 1754.
Nutrition promotion
(a)
In general
(b)
Total amount for each fiscal year
(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
(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
(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
(f)
Reallocation
(g)
Authorization of appropriations
(June 4, 1946, ch. 281, § 5, as added Pub. L. 108–265, title I, § 101, June 30, 2004, 118 Stat. 730.)
cite as: 42 USC 1754