Title 42, The Public Health and WelfareRelease 119-110
§1779 Regulations
Title 42 › CHAPTER 13A — CHILD NUTRITION › § 1779
Summary
The Secretary must write the rules needed to run these programs and the Richard B. Russell National School Lunch Act, including rules about food served in schools and by institutions that compete with the school meal programs. The Secretary must set science-based nutrition rules for foods sold in schools but not part of the school meals, and must publish proposed rules no later than 1 year after December 13, 2010. Those rules must cover all foods sold on campus, outside the meal programs, at any time during the school day. The nutrition rules must follow the latest Dietary Guidelines for Americans and use scientific advice, existing state and local standards, and practical concerns. Schools can have rare, school-approved fundraisers that are exempt, but not fundraisers using vending machines, school stores, snack bars, a la carte sales, or other exclusions the Secretary names. The Secretary must review and update the rules after new Dietary Guidelines are published. Final rules take effect at the start of a school year no sooner than 1 year and no later than 2 years after the rules are finalized. The Secretary must send quarterly reports about progress to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Education and Labor. The Secretary may allow States to move funds between these programs under an approved State plan and may set aside up to 1% of a State’s available funds for special development projects.
Full Legal Text
Title 42, §1779
The Public Health and Welfare, Source: USLM XML via OLRC
(a)In general
The Secretary shall prescribe such regulations as the Secretary may deem necessary to carry out this chapter 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 chapter 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 chapter and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(ii)not later than 1 year after December 13, 2010, 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 5341 of title 7, 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 5341 of title 7, 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)Transfer of funds; reserve for special projects
In such regulations the Secretary may provide for the transfer of funds by any State between the programs authorized under this chapter and the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] 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 per centum of the funds available for apportionment to any State to carry out special developmental projects.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Richard B. Russell National School Lunch Act, referred to in text, is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 1751 of this title and Tables.
Amendments
2010—Pub. L. 111–296 inserted subsec. (a) heading, added subsec. (b), and struck out former subsec. (b) which related to sale of competitive foods approved by the Secretary. 1999—Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” wherever appearing. 1996—Subsec. (b). Pub. L. 104–193 redesignated par. (1) as subsec. (b) and struck out pars. (2) to (4) which read as follows: “(2) The Secretary shall develop and provide to State agencies, for distribution to private elementary schools and to public elementary schools through local educational agencies, model language that bans the sale of competitive foods of minimal nutritional value anywhere on elementary school grounds before the end of the last lunch period. “(3) The Secretary shall provide to State agencies, for distribution to private secondary schools and to public secondary schools through local educational agencies, a copy of
Regulations
(in existence on the
Effective Date
of this paragraph) concerning the sale of competitive foods of minimal nutritional value. “(4) Paragraphs (2) and (3) shall not apply to a State that has in effect a ban on the sale of competitive foods of minimal nutritional value in schools in the State.” 1994—Pub. L. 103–448 designated existing provisions as subsecs. (a) to (c), realigned margins, and in subsec. (b) designated existing provisions as par. (1), substituted “The
Regulations
” for “Such
Regulations
”, and added pars. (2) to (4). 1989—Pub. L. 101–147 substituted “the Secretary” for “he” before “may deem” in first sentence. 1977—Pub. L. 95–166 inserted “approved by the Secretary” after “competitive foods”. 1972—Pub. L. 92–433 inserted provision that
Regulations
issued under the section shall not prohibit the sale of competitive foods in food service facilities or areas during the time of service of food if the proceeds from the sales of such foods inures to the benefit of the schools or organizations of students approved by the school. 1970—Pub. L. 91–248 provided that
Regulations
under this chapter and under the National School Lunch Act may include provisions relating to the service of food in participating schools and service institutions in competition with programs under this chapter and the National School Lunch Act, provided for transfer of funds by any State between programs authorized under this chapter and under the National School Lunch Act, and provided for a reserve of up to one percent of the funds available for apportionment to any State to carry out special development projects.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–296 effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as a note under section 1751 of this title.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–448 effective Oct. 1, 1994, see section 401 of Pub. L. 103–448, set out as a note under section 1755 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 1779
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110