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Title 42, The Public Health and WelfareRelease 119-110

§1769j Ensuring Safety of School Meals

Title 42 › CHAPTER 13 — SCHOOL LUNCH PROGRAMS › § 1769j

Last updated Sep 22, 2026|Official source

Summary

Within 1 year after December 13, 2010, the Agriculture Secretary, through the Food and Nutrition Service, must write rules for when to put temporary holds on suspect foods bought for school meal programs and the Child Nutrition Act programs. The Secretary must also work with states to speed up notice of recalls to schools, improve direct alerts between the agency and states (for example, the commodity alert system), and set a timeline to fix hold and recall steps, clarify processors’ roles, and decide how distributors of processed products should be involved so schools get faster, fuller information. Within 1 year after December 13, 2010, the Agriculture Secretary, through the Food Safety and Inspection Service, must revise FSIS procedures so schools are included in effectiveness checks.

Full Legal Text

Title 42, §1769j

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

(a)Food and Nutrition Service
Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall—
(1)in consultation with the Administrator of the Agricultural Marketing Service and the Administrator of the Farm Service Agency, develop guidelines to determine the circumstances under which it is appropriate for the Secretary to institute an administrative hold on suspect foods purchased by the Secretary that are being used in school meal programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(2)work with States to explore ways for the States to increase the timeliness of notification of food recalls to schools and school food authorities;
(3)improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States about holds and recalls, such as through the commodity alert system of the Food and Nutrition Service; and
(4)establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete information to schools.
(b)Food Safety and Inspection Service
Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that schools are included in effectiveness checks.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a)(1), 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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an

Effective Date

of 2010 Amendment note under section 1751 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1769j

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110