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U.S. Code as of:
01/19/04
Section 1772. Special program to encourage the consumption of fluid milk by children; authorization of appropriations; eligibility for special milk program; minimum rate of reimbursement; ineligibility of commodity only schools
(a)(1) There is hereby authorized to be appropriated for the
fiscal year ending June 30, 1970, and for each succeeding fiscal
year, such sums as may be necessary to enable the Secretary of
Agriculture, under such rules and regulations as the Secretary may
deem in the public interest, to encourage consumption of fluid milk
by children in the United States in (A) nonprofit schools of high
school grade and under, except as provided in paragraph (2), which
do not participate in a meal service program authorized under this
chapter or the Richard B. Russell National School Lunch Act [42
U.S.C. 1751 et seq.], and (B) nonprofit nursery schools, child-care
centers, settlement houses, summer camps, and similar nonprofit
institutions devoted to the care and training of children, which do
not participate in a meal service program authorized under this
chapter or the Richard B. Russell National School Lunch Act.
(2) The limitation imposed under paragraph (1)(A) for
participation of nonprofit schools in the special milk program
shall not apply to split-session kindergarten programs conducted in
schools in which children do not have access to the meal service
program operating in schools the children attend as authorized
under this chapter or the Richard B. Russell National School Lunch
Act.
(3) For the purposes of this section "United States" means the
fifty States, Guam, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the District of Columbia.
(4) The Secretary shall administer the special milk program
provided for by this section to the maximum extent practicable in
the same manner as the Secretary administered the special milk
program provided for by this chapter during the fiscal year ending
June 30, 1969.
(5) Any school or nonprofit child care institution which does not
participate in a meal service program authorized under this chapter
or the Richard B. Russell National School Lunch Act shall receive
the special milk program upon its request.
(6) Children who qualify for free lunches under guidelines set
forth by the Secretary shall, at the option of the school involved
(or of the local educational agency involved in the case of a
public school) be eligible for free milk upon their request.
(7) For the fiscal year ending June 30, 1975, and for subsequent
school years, the minimum rate of reimbursement for a half-pint of
milk served in schools and other eligible institutions shall not be
less than 5 cents per half-pint served to eligible children, and
such minimum rate of reimbursement shall be adjusted on an annual
basis each school year to reflect changes in the Producer Price
Index for Fresh Processed Milk published by the Bureau of Labor
Statistics of the Department of Labor.
(8) Such adjustment shall be computed to the nearest one-fourth
cent.
(9) Notwithstanding any other provision of this section, in no
event shall the minimum rate of reimbursement exceed the cost to
the school or institution of milk served to children.
(10) The State educational agency shall disburse funds paid to
the State during any fiscal year for purposes of carrying out the
program under this section in accordance with such agreements
approved by the Secretary as may be entered into by such State
agency and the schools in the State. The agreements described in
the preceding sentence shall be permanent agreements that may be
amended as necessary. Nothing in the preceding sentence shall be
construed to limit the ability of the State educational agency to
suspend or terminate any such agreement in accordance with
regulations prescribed by the Secretary.
(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 Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et
seq.], but which receive commodities made available by the
Secretary for use by such schools in nonprofit lunch programs.
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