§1765 — Title 42 The Public Health and Welfare | U.S. Code

Summary

A State that stopped its commodity distribution before June 30, 1974 may choose to get cash instead of donated foods for programs under this chapter and the Child Nutrition Act of 1966. The Secretary must pay the state the value the donated foods would have had; lunch payments follow section 1755(c). The State education agency must quickly and fairly give the cash to eligible schools and institutions. Those schools must use the money to buy U.S. agricultural commodities and other foods for their meal programs.

Title 42, §1765

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, where a State phased out its commodity distribution facilities prior to June 30, 1974, such State may, for purposes of the programs authorized by this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], elect to receive cash payments in lieu of donated foods. Where such an election is made, the Secretary shall make cash payments to such State in an amount equivalent in value to the donated foods that the State would otherwise have received if it had retained its commodity distribution facilities. The amount of cash payments in the case of lunches shall be governed by section 1755(c) of this title.

(b)When such payments are made, the State educational agency shall promptly and equitably disburse any cash it receives in lieu of commodities to eligible schools and institutions, and such disbursements shall be used by such schools and institutions to purchase United States agricultural commodities and other foods for their food service programs.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. 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.

Amendments

1998—Subsec. (a). Pub. L. 105–336 substituted “1755(c)” for “1755(e)”. 1989—Pub. L. 101–147 inserted “Election to receive cash payments” as section catchline.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–336 effective Oct. 1, 1998, see section 401 of Pub. L. 105–336, set out as a note under section 1755 of this title.

§1765 Election to receive cash payments