Page:United States Statutes at Large Volume 108 Part 6.djvu/141

 PUBLIC LAW 103-448—NOV. 2, 1994 108 STAT. 4709 "(A) representatives of affected parties, such as Federal, State, and local administrators, school food service administrators, other school food service personnel, parents, and teachers; and "(B) organizations representing affected parties, such as public interest antihunger organizations, doctors specializing in pediatric nutrition, health and consumer groups, commodity groups, food manufacturers and vendors, and nutritionists involved with the implementation and operation of programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); to discuss and obtain public comments on the proposed rule. "(3) Not later than June 1, 1995, the Secretary shall issue final regulations to conform the nutritional requirements of the school lunch and breakfast programs with the Guidelines. The final regulations shall include— "(A) rules permitting the use of food-based menu systems; and "(B) adjustments to the rule on nutrition objectives for school meals published in the Federal Register on June 10, 1994 (59 Fed. Reg. 30218). "(4) No school food service authority shall be required to implement final regulations issued pursuant to this subsection until the regulations have been final for at least 1 year. "(5) The final regulations shall reflect comments made at each phase of the proposed rulemaking process, including the public meeting required under paragraph (2).". (d) AUTHORITY OF SECRETARY TO WAIVE STATUTORY AND REGU- LATORY REQUIREMENTS.— Section 12 of the National School Lunch Act (42 U.S.C. 1760) (as amended by subsection (c)) is further amended by adding at the end the following new subsection: "(1)(1)(A) Except as provided in paragraph (4), the Secretary may waive any requirement under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under either such Act, for a State or eligible service provider that requests a waiver if— "(i) the Secretary determines that the waiver of the requirement would facilitate the ability of the State or eligible service provider to carry out the puraose of the program; "(ii) the State or eligible service provider has provided notice and information to the public regarding the proposed waiver; and "(iii) the State or eligible service provider demonstrates to the satisfaction of the Secretary that the waiver will not increase the overall cost of the program to the Federal Government, and, if the waiver does increase the overall cost to the Federal Government, the cost will be paid from non-Federal funds. "(B) The notice and information referred to in subparagraph (A)(ii) shall be provided in the same manner in which the State or eligible service provider customarily provides similar notices and information to the public. "(2)(A) To request a waiver under paragraph (1), a State or eligible service provider (through the appropriate administering State agency) shall submit an application to the Secretary that— "(i) identifies the statutory or regulatory requirements that are requested to be weiived;

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