Page:United States Statutes at Large Volume 122.djvu/1150

 12 2 STA T . 112 7PUBLIC LA W 11 0– 2 34—M A Y 22, 200 8‘ ‘ (C)PRIO RI TYS T A T E S .—OftheS t a te sinw hi c h gr antees u n d er this p aragraph are lo cated— ‘‘(i) at least 1 State shall b ea m ong the 1 5 largest States , as determined b y the Secretary ‘‘(ii) at least 1 State shall be among the 1 6 th to 30 th largest States, as determined by the Secretary; and ‘‘(iii) at least 1 State shall be a State that is not described in clause (i) or (ii). ‘‘( D ) U SEO FP RO DUC E.—Produce from a community garden pro v ided a grant under this paragraph may be— ‘‘(i) used to supplement food provided at the eligible school; ‘‘(ii) distributed to students to bring home to the families of the students; or ‘‘(iii) donated to a local food ban k or senior center nutrition program. ‘‘( E ) N O COST - S H ARI NG RE Q UIRE M ENT.— A nonprofit organi z ation or public entity that receives a grant under this paragraph shall not be re q uired to share the cost of carrying out the activities assisted under this paragraph. ‘‘( F )E V A L UATION.—A nonprofit organization or public entity that receives a grant under this paragraph shall be required to cooperate in an evaluation in accordance with paragraph (1)( H ). ’ ’. SEC.430 4. FR ES H FR UITANDV E G ETA BL E P R O GRA M . (a) PROGRAM.— (1) I N GENERAL.— T he R ichard B . Russell National School L unch Act is amended by inserting after section 1 8 ( 42 U.S.C. 1 7 6 9 ) the following

‘SEC. 19 . FRESH FRUIT AND VEGETABLE PROGRAM. ‘‘(a) IN G ENERAL.—For the school year beginning J uly 2008 and each subsequent school year, the Secretary shall provide grants to States to carry out a program to make free fresh fruits and vegetables available in elementary schools (referred to in this sec- tion as the ‘program’). ‘‘(b) PROGRAM.—A school participating in the program shall make free fresh fruits and vegetables available to students through- out the school day (or at such other times as are considered appro- priate by the Secretary) in 1 or more areas designated by the school. ‘‘(c) FUNDING TO STATES.— ‘‘(1) M INIMUM GRANT.—E x cept as provided in subsection (i)(2), the Secretary shall provide to each of the 50 States and the District of Columbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program. ‘‘(2) ADDITIONAL FUNDING.—Of the funds remaining after grants are made under paragraph (1), the Secretary shall allo- cate additional funds to each State that is operating a school lunch program under section 4 based on the proportion that— ‘‘(A) the population of the State; bears to ‘‘(B) the population of the United States. ‘‘(d) SELECTION OF SCHOOLS.— Grants.42USC1769 a.

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