Page:United States Statutes at Large Volume 124.djvu/3252

 124 STAT. 3226 PUBLIC LAW 111–296—DEC. 13, 2010 for the fluid milk required in meals served, a nondairy beverage that— ‘‘(i) is nutritionally equivalent to fluid milk; and ‘‘(ii) meets nutritional standards established by the Secretary, including, among other requirements estab- lished by the Secretary, fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow’s milk. ‘‘(C) APPROVAL.— ‘‘(i) IN GENERAL.—A substitution authorized under subparagraph (B) may be made— ‘‘(I) at the discretion of and on approval by the participating day care institution; and ‘‘(II) if the substitution is requested by written statement of a medical authority, or by the parent or legal guardian of the child, that identifies the medical or other special dietary need that restricts the diet of the child. ‘‘(ii) EXCEPTION.—An institution, family or group day care home, or sponsored center that elects to make a substitution authorized under this paragraph shall not be required to provide beverages other than bev- erages the State has identified as acceptable sub- stitutes. ‘‘(D) EXCESS EXPENSES BORNE BY INSTITUTION.—A participating institution, family or group day care home, or sponsored center shall be responsible for any expenses that— ‘‘(i) are incurred by the institution, family or group day care home, or sponsored center to provide substi- tutions under this paragraph; and ‘‘(ii) are in excess of expenses covered under reimbursements under this Act. ‘‘(5) NONDISCRIMINATION POLICY.—No physical segregation or other discrimination against any person shall be made because of the inability of the person to pay, nor shall there be any overt identification of any such person by special tokens or tickets, different meals or meal service, announced or pub- lished lists of names, or other means. ‘‘(6) USE OF ABUNDANT AND DONATED FOODS.—To the max- imum extent practicable, each institution shall use in its food service foods that are— ‘‘(A) designated from time to time by the Secretary as being in abundance, either nationally or in the food service area; or ‘‘(B) donated by the Secretary.’’; (3) by adding at the end the following: ‘‘(u) PROMOTING HEALTH AND WELLNESS IN CHILD CARE.— ‘‘(1) PHYSICAL ACTIVITY AND ELECTRONIC MEDIA USE.—The Secretary shall encourage participating child care centers and family or group day care homes— ‘‘(A) to provide to all children under the supervision of the participating child care centers and family or group day care homes daily opportunities for structured and unstructured age-appropriate physical activity; and ‘‘(B) to limit among children under the supervision of the participating child care centers and family or group