Page:United States Statutes at Large Volume 118.djvu/801

 118 STAT. 771 PUBLIC LAW 108–265—JUNE 30, 2004 SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN. (a) DEFINITIONS.— (1) NUTRITION EDUCATION.—Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by striking paragraph (7) and inserting the following: ‘‘(7) NUTRITION EDUCATION.—The term ‘nutrition education’ means individual and group sessions and the provision of mate rial that are designed to improve health status and achieve positive change in dietary and physical activity habits, and that emphasize the relationship between nutrition, physical activity, and health, all in keeping with the personal and cul tural preferences of the individual.’’. (2) SUPPLEMENTAL FOODS.—Section 17(b)(14) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(14)) is amended in the first sentence by inserting after ‘‘children’’ the following: ‘‘and foods that promote the health of the population served by the program authorized by this section, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns’’. (3) OTHER TERMS.—Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by adding at the end the following: ‘‘(22) PRIMARY CONTRACT INFANT FORMULA.—The term ‘pri mary contract infant formula’ means the specific infant formula for which manufacturers submit a bid to a State agency in response to a rebate solicitation under this section and for which a contract is awarded by the State agency as a result of that bid. ‘‘(23) STATE ALLIANCE.—The term ‘State alliance’ means 2 or more State agencies that join together for the purpose of procuring infant formula under the program by soliciting competitive bids for infant formula.’’. (b) ELIGIBILITY.— (1) CERTIFICATION PERIOD.—Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended— (A) by striking ‘‘(3)(A) Persons’’ and inserting the fol lowing: ‘‘(3) CERTIFICATION.— ‘‘(A) PROCEDURES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), a person’’; and (B) by adding at the end of subparagraph (A) the following: ‘‘(ii) BREASTFEEDING WOMEN.—A State may elect to certify a breastfeeding woman for a period of 1 year postpartum or until a woman discontinues breastfeeding, whichever is earlier.’’. (2) PHYSICAL PRESENCE.—Section 17(d)(3)(C)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(ii)) is amended— (A) in subclause (I)(bb), by striking ‘‘from a provider other than the local agency; or’’ and inserting a semicolon; (B) in subclause (II), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(III) an infant under 8 weeks of age—

�