US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1762a

Commodity distribution program

(a)

Use of funds for purchase of agricultural commodities and products for donation

Notwithstanding any other provision of law, the Secretary shall—
(1)
section 612c of title 742 U.S.C. 177142 U.S.C. 3021 use funds available to carry out the provisions of which are not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section (which may include domestic seafood commodities and their products), for donation to maintain the annually programmed level of assistance for programs carried on under this chapter, the Child Nutrition Act of 1966 [ et seq.], and title III of the Older Americans Act of 1965 [ et seq.]; and
(2)
section 1431 of title 7 if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under , for such donation.
(b)

Nutrition quality and content information

(1)
The Secretary shall maintain and continue to improve the overall nutritional quality of entitlement commodities provided to schools to assist the schools in improving the nutritional content of meals.
(2)
The Secretary shall—
(A)
require that nutritional content information labels be placed on packages or shipments of entitlement commodities provided to the schools; or
(B)
otherwise provide nutritional content information regarding the commodities provided to the schools.
(c)

Authorization of appropriations for purchase of products or for cash payments in lieu of donations

1

1 See References in Text note below.
1The Secretary may use funds appropriated from the general fund of the Treasury to purchase agricultural commodities and their products of the types customarily purchased for donation under section 311(a)(4)  of the Older Americans Act of 1965 or for cash payments in lieu of such donations under section 311(b)(1)  of such Act. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.

(d)

Assistance procedures; cost and benefits, review; technical assistance; report to Congress; food quality standards contracting procedures

42 U.S.C. 1771In providing assistance under this chapter and the Child Nutrition Act of 1966 [ et seq.] for school lunch and breakfast programs, the Secretary shall establish procedures which will—
(1)
ensure that the views of local school districts and private nonprofit schools with respect to the type of commodity assistance needed in schools are fully and accurately reflected in reports to the Secretary by the State with respect to State commodity preferences and that such views are considered by the Secretary in the purchase and distribution of commodities and by the States in the allocation of such commodities among schools within the States;
(2)
solicit the views of States with respect to the acceptability of commodities;
(3)
ensure that the timing of commodity deliveries to States is consistent with State school year calendars and that such deliveries occur with sufficient advance notice;
(4)
provide for systematic review of the costs and benefits of providing commodities of the kind and quantity that are suitable to the needs of local school districts and private nonprofit schools; and
(5)
42 U.S.C. 1771 make available technical assistance on the use of commodities available under this chapter and the Child Nutrition Act of 1966 [ et seq.].
(e)

Consultation with school representatives

Each State agency that receives food assistance payments under this section for any school year shall consult with representatives of schools in the State that participate in the school lunch program with respect to the needs of such schools relating to the manner of selection and distribution of commodity assistance for such program.

(f)

Commodity only schools

section 1755(c) of this titlesection 1753 of this titlesection 1758(a) of this titlesection 1758(a)(2)(B) of this titleCommodity 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 and the national average payment established under . 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 , and shall represent the four basic food groups, including a serving of fluid milk or a nondairy beverage that meets the nutritional standards described in .

(g)

Extension of alternative means of assistance

(1)
As used in this subsection, the term “eligible school district” has the same meaning given such term in section 1581(a) of the Food Security Act of 1985.
(2)
In accordance with the terms and conditions of section 1581 of such Act, the Secretary shall permit an eligible school district to continue to receive assistance in the form of cash or commodity letters of credit assistance, in lieu of commodities, to carry out the school lunch program operated in the district.
(h)

Notice of irradiated food products

(1)

In general

42 U.S.C. 1771The Secretary shall develop a policy and establish procedures for the purchase and distribution of irradiated food products in school meals programs under this chapter and the Child Nutrition Act of 1966 ( et seq.).

(2)

Minimum requirements

The policy and procedures shall ensure, at a minimum, that—
(A)
irradiated food products are made available only at the request of States and school food authorities;
(B)
reimbursements to schools for irradiated food products are equal to reimbursements to schools for food products that are not irradiated;
(C)
States and school food authorities are provided factual information on the science and evidence regarding irradiation technology, including—
(i)
notice that irradiation is not a substitute for safe food handling techniques; and
(ii)
any other similar information determined by the Secretary to be necessary to promote food safety in school meals programs;
(D)
States and school food authorities are provided model procedures for providing to school food authorities, parents, and students—
(i)
factual information on the science and evidence regarding irradiation technology; and
(ii)
any other similar information determined by the Secretary to be necessary to promote food safety in school meals;
(E)
42 U.S.C. 1771 irradiated food products distributed to the Federal school meals program under this chapter and the Child Nutrition Act of 1966 ( et seq.) are labeled with a symbol or other printed notice that—
(i)
indicates that the product was irradiated; and
(ii)
is prominently displayed in a clear and understandable format on the container;
(F)
irradiated food products are not commingled in containers with food products that are not irradiated; and
(G)
schools that offer irradiated food products are encouraged to offer alternatives to irradiated food products as part of the meal plan used by the schools.

June 4, 1946, ch. 281, § 14Pub. L. 93–326, § 288 Stat. 286Pub. L. 94–105, § 1089 Stat. 515Pub. L. 95–166, § 691 Stat. 1334Pub. L. 95–627, § 12(b)92 Stat. 3625Pub. L. 96–499, title II, § 202(c)94 Stat. 2600Pub. L. 97–35, title VIII95 Stat. 530Pub. L. 98–459, title VIII, § 801(a)98 Stat. 1792Pub. L. 99–500, title III100 Stat. 1783–360Pub. L. 99–591, title III100 Stat. 3341–363Pub. L. 99–661, div. D, title I, § 4102100 Stat. 4071Pub. L. 100–356, § 2102 Stat. 669Pub. L. 101–147, title I, § 103(a)103 Stat. 882Pub. L. 103–448, title I, § 115108 Stat. 4713Pub. L. 104–193, title VII, § 707110 Stat. 2293Pub. L. 105–336, title I112 Stat. 3144Pub. L. 108–134, § 4117 Stat. 1389Pub. L. 108–211, § 4118 Stat. 566Pub. L. 108–265, title I118 Stat. 752Pub. L. 111–296, title IV, § 441(a)(6)124 Stat. 3264Pub. L. 119–69, § 2(b)(1)139 Stat. 1998(, as added , , ; amended , , ; , , ; , , ; , , ; , §§ 813(a), 819(j), , , 533; , , ; , §§ 312, 363, , , 1783–368, and , §§ 312, 363, , , 3341–371; , title IV, § 4403, , , 4079; , , ; –(b)(2)(A), (c), , ; , , ; , , ; , §§ 101(b), 106, , , 3149; , , ; , , ; , §§ 117, 118, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 89–64280 Stat. 885section 1771 of this titleThe Child Nutrition Act of 1966, referred to in subsecs. (a)(1), (d), and (h)(1), (2)(E), is , , , which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 89–7379 Stat. 218section 3030a of this titlePub. L. 106–501, title III, § 309114 Stat. 2246section 3001 of this titleThe Older Americans Act of 1965, referred to in subsecs. (a)(1) and (c), is , , . Title III of the Older Americans Act of 1965 is classified generally to subchapter III (§ 3021 et seq.) of chapter 35 of this title. Section 311 of the Act, which is classified to , was amended by , , , and, as so amended, new subsecs. (a) and (b) were added, former subsec. (a)(4) was redesignated (c)(4) and repealed, and former subsec. (b)(1) was redesignated (d)(1). For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 1581 of Pub. L. 99–19899 Stat. 1594Section 1581 of the Food Security Act, referred to in subsec. (g), is , title XV, , , which is not classified to the Code.

Codification

Pub. L. 99–591Pub. L. 99–500 is a corrected version of .

Amendments

Pub. L. 119–69section 1758(a)(2)(B) of this title2026—Subsec. (f). inserted “or a nondairy beverage that meets the nutritional standards described in ” after “milk”.

Pub. L. 111–2962010—Subsec. (d). struck out concluding provisions which read as follows: “Within eighteen months after , the Secretary shall report to Congress on the impact of procedures established under this subsection, including the nutritional, economic, and administrative benefits of such procedures. In purchasing commodities for programs carried out under this chapter and the Child Nutrition Act of 1966, the Secretary shall establish procedures to ensure that contracts for the purchase of such commodities shall not be entered into unless the previous history and current patterns of the contracting party with respect to compliance with applicable meat inspection laws and with other appropriate standards relating to the wholesomeness of food for human consumption are taken into account.”

Pub. L. 108–265, § 1172004—Subsec. (a). , struck out “, during the period beginning , and ending ,” before “shall—” in introductory provisions.

Pub. L. 108–211 substituted “” for “” in introductory provisions.

Pub. L. 108–265, § 118Subsec. (h). , added subsec. (h).

Pub. L. 108–1342003—Subsec. (a). substituted “” for “” in introductory provisions.

Pub. L. 105–336, § 1061998—Subsec. (a). , substituted “2003” for “1998” in introductory provisions.

Pub. L. 105–336, § 101(b)Subsec. (f). , substituted “1755(c)” for “1755(e)”.

Pub. L. 104–193, § 707(a)1996—Subsec. (b). , redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “Among the products to be included in the food donations to the school lunch program shall be cereal and shortening and oil products.”

Pub. L. 104–193, § 707(b)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Each State educational agency that receives food assistance payments under this section for any school year shall establish for such year an advisory council, which shall be composed of representatives of schools in the State that participate in the school lunch program. The council shall advise such State agency with respect to the needs of such schools relating to the manner of selection and distribution of commodity assistance for such program.”

Pub. L. 104–193, § 707(c)Subsec. (g)(3). , struck out par. (3) relating to cash compensation for losses due to changed methodology of study during 1982–1983 school year.

Pub. L. 103–448, § 115(1)1994—Subsec. (a). , substituted “1998” for “1994” in introductory provisions.

Pub. L. 103–448, § 115(2)Subsec. (b). , designated existing provisions as par. (1) and added pars. (2) and (3).

Pub. L. 101–147, § 103(a)1989—Subsec. (a). , substituted “1994” for “1989”.

Pub. L. 101–147, § 103(b)(1)Pub. L. 99–500Pub. L. 99–661, § 4403Pub. L. 100–356, § 2Pub. L. 99–661Pub. L. 100–356section 2(c) of Pub. L. 100–356Subsec. (g). , (2)(A), amended subsec. (g), as amended identically by and 99–591, § 363, and , and as further amended by , to read as if only the amendment by was enacted, and further amended subsec. (g) identically to the amendments that were made by section 2(a) and (b) of , resulting in changing text by striking out only the language that was inserted by at the end of par. (3)(A), “The Secretary shall complete action on any claim submitted under this subparagraph not later than 45 days after .”, see 1986 and 1988 Amendment notes below.

Pub. L. 101–147, § 103(c)Subsec. (g)(3)(A). , substituted last four sentences for former last two sentences which read as follows: “The Secretary, in computing losses sustained by any school district under the preceding sentence, shall base such computation on the actual amount of assistance received by such school district under this chapter for the school year ending , including—

section 1755(e) of this title“(i) the value of assistance in the form of commodities provided in addition to those provided pursuant to ; and

“(ii) the value of assistance provided in the form of either cash or commodity letters of credit.

The Secretary may provide cash compensation under this subparagraph only to eligible school districts that submit applications for such compensation not later than .”

Pub. L. 100–356, § 2(c)1988—Subsec. (g)(3)(A). , inserted at end “The Secretary shall complete action on any claim submitted under this subparagraph not later than 45 days after .”

Pub. L. 100–356, § 2(a), inserted at end “The Secretary, in computing losses sustained by any school district under the preceding sentence, shall base such computation on the actual amount of assistance received by such school district under this chapter for the school year ending , including—

section 1755(e) of this title“(i) the value of assistance in the form of commodities provided in addition to those provided pursuant to ; and

“(ii) the value of assistance provided in the form of either cash or commodity letters of credit.

The Secretary may provide cash compensation under this subparagraph only to eligible school districts that submit applications for such compensation not later than .”

Pub. L. 100–356, § 2(b)Subsec. (g)(3)(B). , substituted “such sums as may be necessary” for “$50,000”.

Pub. L. 99–500Pub. L. 99–591, § 312Pub. L. 99–661, § 41021986—Subsec. (a). and , and , amended subsec. (a) identically, substituting “1989” for “1984”.

Pub. L. 99–500Pub. L. 99–591, § 363Pub. L. 99–661, § 4403Subsec. (g). and , and , amended section identically, adding subsec. (g).

Pub. L. 98–4591984—Subsec. (c). substituted “(b)(1)” for “(c)(1)”.

Pub. L. 97–35, § 819(j)(1)1981—Subsec. (a)(1). , substituted “III” for “VII”.

Pub. L. 97–35, § 819(j)(2)Subsec. (c). , substituted references to section 311(a)(4) and (c)(1) of the Older Americans Act of 1965, for references to section 3045f(a)(4) and (d)(4) of this title.

Pub. L. 97–35, § 813(a)Subsec. (f). , added subsec. (f).

Pub. L. 96–4991980—Subsec. (a). substituted “” for “”.

Pub. L. 95–6271978—Subsec. (a)(1). inserted “(which may include domestic seafood commodities and their products)” after “under such section”.

Pub. L. 95–166, § 6(1)1977—Subsec. (a). , extended termination date for termination of commodity distribution program to , from .

Pub. L. 95–166, § 6(2)Subsecs. (c) to (e). , added subsecs. (c) to (e).

Pub. L. 94–1051975— designated existing provisions as subsec. (a), substituted “” for “”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–296section 445 of Pub. L. 111–296section 1751 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–336section 401 of Pub. L. 105–336section 1755 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–448section 401 of Pub. L. 103–448section 1755 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–147, title I, § 103(b)(2)(B)103 Stat. 882

“The amendments made by subparagraph (A) [amending this section] shall take effect as if such amendments had been effective on .”
, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–459section 803(a) of Pub. L. 98–459section 3001 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

section 813(a) of Pub. L. 97–35section 819(j) of Pub. L. 97–35Pub. L. 97–35section 1753 of this titleAmendment by effective 90 days after , and amendment by effective , see section 820(a)(4), (5) of , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–627section 14 of Pub. L. 95–627section 1755 of this titleAmendment by effective , see , set out as a note under .

Study of Effect of Combining Federally Donated and Federally Inspected Meat or Poultry

Pub. L. 103–448, title III, § 304108 Stat. 4750, , , directed Comptroller General of the United States to conduct study on incidence and effect of States restricting or prohibiting legally contracted commercial entity from physically combining federally donated and inspected meat or poultry from another State and to submit report to Congress not later than .