Page:United States Statutes at Large Volume 95.djvu/556

 95 STAT. 530

PUBLIC LAW 97-35—AUG. 13, 1981 STATE PLAN REQUIREMENTS

42 USC 1759a.

SEC. 812. Section 11(e) of the National School Lunch Act is amended— (1) by striking out paragraph (1) and redesignating paragraphs (2) and (3) (and any references thereto) as paragraphs (1) and (2), respectively; and (2) in paragraphs (1) and (2), as so redesignated, by striking out the second sentence of each such paragraph. COMMODITY ONLY SCHOOLS

42 USC 1762a.

Ante, p. 524. 42 USC 1753.

42 USC 1759a.

Ante, p. 524.

42 USC 1772.

42 USC 1760.

SEC. 813. (a) Section 14 of the National School Lunch Act is amended by adding at the end thereof the following new subsection: "(f) Commodity only schools shall be eligible to receive donated commodities equal in value to the sum of the national average value of donated foods established under section 6(e) of this Act and the national average payment established under section 4 of this Act. Such schools shall be eligible to receive up to 5 cents per meal of such value in cash for processing and handling expenses related to the use of such commodities. Lunches served in such schools shall consist of a combination of foods which meet the minimum nutritional requirements prescribed by the Secretary under section 9(a) of this Act, and shall represent the four basic food groups, including a serving of fluid milk.". (b) Section 11 of the National School Lunch Act is further amended by adding at the end thereof the following new subsection: "(f) Commodity only schools shall also be eligible for specialassistance payments under this section. Such schools shall serve meals free to children who meet the eligibility requirements for free meals under section 9(b) of this Act, and shall serve meals at a reduced price, not exceeding the price specified in section 9(b)(3) of this Act, to children meeting the eligibility requirements for reducedprice meals under such section. No physical segregation of, or other discrimination against, any child eligible for a free or reduced-priced lunch shall be made by the school, nor shall there be any overt identification of any such child by any means.". (c) Section 3 of the Child Nutrition Act of 1968 is further amended by(1) inserting "(a)" after "SEC. 3."; and (2) by adding at the end thereof the following new subsection: "(b) Commodity only schools shall not be eligible to participate in the special milk program under this section. For the purposes of the preceding sentence, the term 'commodity only schools' means schools that do not participate in the school lunch program under the National School Lunch Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit limch programs.". (d) Section 12(d) of the National School Lunch Act is further amended by adding at the end thereof the following new paragraph: "(8) 'Commodity only schools' means schools that do not participate in the school lunch program under this Act, but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs."

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