Sec. 111. Fresh fruit and vegetable program
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Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a ) is amended— by redesignating subsections
(e)through
(i)as subsections
(f)through (j), respectively; by inserting after subsection
(d)the following: The Secretary shall establish criteria and a process under which a State agency may grant a hardship exemption to allow schools seeking to participate in the program after the date of enactment of the Improving Child Nutrition Integrity and Access Act of 2016 to serve all forms of fruits and vegetables. To be eligible for an exemption under this subsection, a school shall demonstrate to the State agency that the school has— limited access to quality fresh fruits and vegetables year-round; or limited space, cold storage, other facilities, or food service personnel necessary to store, prepare, or serve fresh fruits and vegetables. The Secretary shall establish criteria for State agencies to use in determining whether a school meets the hardship parameters described in subparagraph (A). When applying for an exemption under this subsection, a school shall submit a transition plan to the State agency under which the school agrees to meet specific transition benchmarks as described in subparagraph (B). For a school that is granted an exemption under this subsection— in the first year of participation in the program, up to 100 percent of the fruit and vegetable snacks served by the school may be frozen, dried, or canned fruits and vegetables; in the second year of participation in the program— not more than 60 percent of the fruit and vegetable snacks served by the school may be frozen, dried, or canned fruits and vegetables; and not less than 40 percent of the fruit and vegetable snacks served shall be fresh fruits and vegetables; in the third year of participation in the program— not more than 20 percent of the fruit and vegetable snacks served by the school may be frozen, dried, or canned fruits and vegetables; and not less than 80 percent of the fruit and vegetable snacks served shall be fresh fruits and vegetables; and in the fourth year of participation in the program and every year thereafter, 100 percent of the fruit and vegetable snacks served by the school shall be fresh fruits and vegetables. In measuring compliance with the benchmarks described in subparagraph (B), the State agency shall evaluate the percentage of fruits and vegetables served in either form based on the total number of days that a snack is served. A school that is granted an exemption under this subsection shall document compliance with the benchmarks described in subparagraph
(B)through reporting, as determined by the Secretary. A State agency granting an exemption under this subsection shall provide technical assistance to the school receiving an exemption to assist the school with transitioning to serving fresh fruits and vegetables. A State agency may not grant or maintain an exemption under this subsection to any school that— is participating or has participated in the program before the date of enactment of the Improving Child Nutrition Integrity and Access Act of 2016 and is serving fresh fruits and vegetables; is granted an exemption but then fails to meet a transition benchmark as described in paragraph (3); or has been previously granted an exemption under this subsection. For purposes of this subsection, in selecting applications for participation in the program, a State agency shall— ensure that a school applying for an exemption under this subsection does not displace a school that is reapplying or participating in the program before the date of enactment of the Improving Child Nutrition Integrity and Access Act of 2016 and serving fresh fruits and vegetables; give priority to a school applying to participate in the program and serving fresh fruits and vegetables that has rates of free and reduced price meal participation that are equal to a school applying to participate and seeking an exemption under this subsection; and subject to clauses
(i)and (ii), apply the priority described in subsection (d)(1)(B). Not later than 180 days after the date of enactment of the Improving Child Nutrition Integrity and Access Act of 2016 , the Secretary shall issue guidance to implement this subsection, including the method for schools to use in documenting and reporting compliance with the transition benchmarks described in paragraph (3). Not later than January 1, 2019 and each year thereafter, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that evaluates the impacts of the exemption under this subsection, including the methods for schools to use in documenting and reporting compliance with the transition benchmarks described in paragraph (3). ; in subsection (c)(1), by striking subsection (i)(2) and inserting subsection (j)(2) ; and in paragraph
(3)of subsection
(j)(as redesignated by paragraph (1)), by striking subsection
(h)and inserting subsection
(i).
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Sec. 111
Fresh fruit and vegetable program
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