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Title 42 — The Public Health and WelfareRelease 119-73not60

§1754 Nutrition Promotion

Title 42 › Chapter 13— SCHOOL LUNCH PROGRAMS › § 1754

Last updated Apr 5, 2026|Official source

Summary

The Secretary must pay State agencies each fiscal year, if money is available, to promote nutrition in school food service programs and the school breakfast program. The total funds for a year can be no more than one-half cent (0.5 cent) times the number of lunches reimbursed through those food programs in the second preceding fiscal year. The Secretary will give each State either a uniform base amount or a share based on the State’s portion of those reimbursed lunches, and may reduce those shares if needed so the total fits the money available. A State agency may keep up to 5 percent of its payment (or a higher percent for small States, as the Secretary decides) to support distribution and use of nutrition messages and materials made by the Secretary, and must pass the rest to school food authorities and institutions for that purpose. For the summer food service program, the State may also retain a portion to use for the same nutrition work. State agencies, school food authorities, and institutions must keep records of the nutrition promotion activities. The Secretary can reallocate unused funds, and Congress may provide whatever sums are needed, which remain available until spent.

Full Legal Text

Title 42, §1754

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

(a)Subject to the availability of funds made available under subsection (g), the Secretary shall make payments to State agencies for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(b)The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying—
(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)(1)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)The Secretary shall reduce allocations to State agencies qualifying for an allocation under paragraph (1)(B), in a manner determined by the Secretary, to the extent necessary to ensure that the total amount of funds allocated under paragraph (1) is not greater than the amount appropriated under subsection (g).
(d)(1)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)Subject to paragraph (3), the State agency shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in subsection (a) to disseminate and use nutrition messages and material developed by the Secretary.
(3)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)A State agency, school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section.
(f)The Secretary may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the Secretary.
(g)There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

Legislative History

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.

Prior Provisions

A prior section 1754, acts
June 4, 1946, ch. 281, § 5, 60 Stat. 231;
July 12, 1952, ch. 699, § 1(b), 66 Stat. 591; Sept. 25, 1962, Pub. L. 87–688, § 3(a), 76 Stat. 587; Oct. 15, 1962, Pub. L. 87–823, § 3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L. 95–166, § 3, 91 Stat. 1332, related to amount, apportionment, etc., for food service equipment assistance, prior to repeal by Pub. L. 97–35, title VIII, §§ 805(a), 820(a)(4), Aug. 13, 1981, 95 Stat. 527, 534, effective Oct. 1, 1981.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–265, title V, § 502, June 30, 2004, 118 Stat. 789, as amended by Pub. L. 108–447, div. A, title VII, § 788(f), Dec. 8, 2004, 118 Stat. 2851, provided that: “(a) In General.—Except as otherwise provided in this Act [see

Short Title

of 2004 Amendment note set out under section 1751 of this title], this Act and the

Amendments

made by this Act take effect on the date of enactment of this Act [June 30, 2004]. “(b) Special

Effective Date

s.—“(1) July 1, 2004.—The

Amendments

made by section 106, 107, 126(c), and 201 [amending section 1758, 1773, and 1776 of this title] take effect on
July 1, 2004. “(2)
October 1, 2004.—The

Amendments

made by section 119(c), 119(g), 202(a), 203(a), 203(b), 203(c)(1), 203(c)(5), 203(e)(8), 203(e)(10), 203(e)(13), 203(f), 203(h)(1), and 203(h)(2) [amending section 1766, 1776, and 1786 of this title] take effect on
October 1, 2004. “(3)
January 1, 2005.—The

Amendments

made by section 116(f)(1) and 116(f)(3) [amending section 1769 of this title] take effect on
January 1, 2005. “(4)
July 1, 2005.—The

Amendments

made by section 102, 104 (other than section 104(a)(1)), 105, 111, and 126(b) [amending section 1396a, 1758, 1759a, and 1769c of this title and section 2020 of Title 7, Agriculture] take effect on
July 1, 2005. “(5)
October 1, 2005.—The

Amendments

made by section 116(d) and 203(e)(9) [amending section 1761 and 1786 of this title] take effect on October 1, 2005.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 1754

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60