42 U.S.C. § 3030g–21: Nutrition

Summary

A State that runs a nutrition program under this law must use a dietitian or someone with the same training in nutrition, or if none is available, a person with similar planning experience. The meals must follow the most recent Dietary Guidelines for Americans and meet set nutrient targets: at least 33⅓ percent of the dietary reference intakes if one meal a day is served, 66⅔ percent if two meals a day are served, and 100 percent if three meals a day are served. Meals should be adjusted when possible for medical needs, cultural preferences, or other special diets. The program must let local providers design appealing meals, try to keep meal travel time short, and, when possible, work with schools or other child meal sites for intergenerational programs. Meals (except home-delivered) should be located near where most eligible older people live and must follow state and local food safety rules. Providers must get advice from a dietitian or the equivalent, meal participants, and other people who know older adults’ needs. Area agencies on aging may offer meals to volunteers and to people with disabilities who live with eligible older adults. Services must be available to older people and their spouses, and may be given to non-older people with disabilities living in mainly older-person housing. The program must include nutrition screening, education, and, when needed, assessment and counseling. Home-delivery programs are encouraged to give approved medical information, like how to get vaccines for influenza, pneumonia, and shingles, and to use locally grown foods and seek local supplier partnerships.

Title 42, §3030g–21

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

A State that establishes and operates a nutrition project under this chapter shall—

(1)utilize the expertise of a dietitian or other individual with equivalent education and training in nutrition science, or if such an individual is not available, an individual with comparable expertise in the planning of nutritional services, and

(2)ensure that the project—

(A)provides meals that—

(i)comply with the most recent Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture, and

(ii)provide to each participating older individual—

(I)a minimum of 33⅓ percent of the dietary reference intakes established by the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine, if the project provides one meal per day,

(II)a minimum of 66⅔ percent of the allowances if the project provides two meals per day, and

(III)100 percent of the allowances if the project provides three meals per day, and

(iii)to the maximum extent practicable, are adjusted to meet any special dietary needs of program participants, including meals adjusted for cultural considerations and preferences and medically tailored meals,

(B)provides flexibility to local nutrition providers in designing meals that are appealing to program participants,

(C)encourages providers to enter into contracts that limit the amount of time meals must spend in transit before they are consumed,

(D)where feasible, encourages joint arrangements with schools and other facilities serving meals to children in order to promote intergenerational meal programs,

(E)provides that meals, other than in-home meals, are provided in settings in as close proximity to the majority of eligible older individuals’ residences as feasible,

(F)comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual,

(G)ensures that meal providers solicit the advice and expertise of—

(i)a dietitian or other individual described in paragraph (1),

(ii)meal participants, and

(iii)other individuals knowledgeable with regard to the needs of older individuals,

(H)ensures that each participating area agency on aging establishes procedures that allow nutrition project administrators the option to offer a meal, on the same basis as meals provided to participating older individuals, to individuals providing volunteer services during the meal hours, and to individuals with disabilities who reside at home with older individuals eligible under this chapter,1

(I)ensures that nutrition services will be available to older individuals and to their spouses, and may be made available to individuals with disabilities who are not older individuals but who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided,

(J)provides for nutrition screening and nutrition education, and nutrition assessment and counseling if appropriate,

(K)encourages individuals who distribute nutrition services under subpart II to provide, to homebound older individuals, available medical information approved by health care professionals, such as informational brochures and information on how to get vaccines, including vaccines for influenza, pneumonia, and shingles, in the individuals’ communities, and

(L)where feasible, encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 106–501, § 313, which directed amendment of subpart 4 of part C of title III of the Older Americans Act of 1965 (Pub. L. 89–73) by striking section 339 and inserting this section, was executed in this subpart, which is subpart 3 of part C of title III of the Act, by repealing prior section 3030g–21, and inserting this section, to reflect the probable intent of Congress and the redesignation of subpart 4 of part C of title III of the Act as subpart 3 by Pub. L. 106–501, § 312(b).

Prior Provisions

A prior section 3030g–21, Pub. L. 89–73, title III, § 339, as added Pub. L. 102–375, title III, § 317, Sept. 30, 1992, 106 Stat. 1241, related to compliance with dietary guidelines prior to repeal by Pub. L. 106–501, title III, § 313, Nov. 13, 2000, 114 Stat. 2252. See Codification note above.

Amendments

2020—Par. (2)(A)(ii)(I). Pub. L. 116–131, § 701(9), substituted “National Academies of Sciences, Engineering, and Medicine” for “Institute of Medicine of the National Academy of Sciences”. Par. (2)(A)(iii). Pub. L. 116–131, § 215, inserted “, including meals adjusted for cultural considerations and preferences and medically tailored meals” before comma at end. 2016—Par. (1). Pub. L. 114–144, § 4(i)(1), substituted “utilize” for “solicit”. Par. (2)(L). Pub. L. 114–144, § 4(i)(2), added subpar. (L). 2006—Par. (1). Pub. L. 109–365, § 316(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “solicit the advice of a dietitian or individual with comparable expertise in the planning of nutritional services, and”. Par. (2)(A)(i). Pub. L. 109–365, § 316(2)(A)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture,”. Par. (2)(A)(ii)(I). Pub. L. 109–365, § 316(2)(A)(ii), substituted “dietary reference intakes” for “daily recommended dietary allowances as”. Par. (2)(D). Pub. L. 109–365, § 316(2)(B), inserted “joint” after “encourages”. Par. (2)(G). Pub. L. 109–365, § 316(2)(C), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “ensures that meal providers carry out such project with the advice of dietitians (or individuals with comparable expertise), meal participants, and other individuals knowledgeable with regard to the needs of older individuals,”. Par. (2)(H). Pub. L. 109–365, § 316(2)(D), struck out “and accompany” after “home with”. Par. (2)(J), (K). Pub. L. 109–365, § 316(2)(E), (F), added subpars. (J) and (K) and struck out former subpar. (J) which read as follows: “provide for nutrition screening and, where appropriate, for nutrition education and counseling.”

Statutory Notes and Related Subsidiaries

Temporary Dietary Guidelines Waiver Pub. L. 116–260, div. N, title VII, § 732(c), Dec. 27, 2020, 134 Stat. 2105, provided that: “To facilitate implementation of subparts 1 [42 U.S.C. 3030e] and 2 [42 U.S.C. 3030f, 3030g] of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d–2 [3030d–21] et seq.), with funds received by a State for fiscal year 2021, the Assistant Secretary for Aging may waive, but continue to make every effort practicable to encourage the restoration of, the applicable requirements for meals provided under such subparts comply [sic] with the requirements of clauses (i) and (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).”

§3030g–21 Nutrition