Sec. 309. Flexibility in school meal programs
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Not later than July 1, 2019, the Secretary shall contract with a qualified independent entity to conduct a review of the nutrition standards for sodium in the final rule of the Secretary entitled Nutrition Standards in the National School Lunch and School Breakfast Programs (77 Fed. Reg. 4088 (January 26, 2012)). The review described in paragraph
(1)shall include an assessment of— the impact of the rule on— student participation rates in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); food costs; food safety; food service operations; and marketplace availability of products that meet the nutrition standards specified in the rule; and whether the latest scientific research indicates that further reduction in sodium is necessary to safeguard the health of children. The Secretary shall ensure that the review described in paragraph
(1)is completed not later than July 1, 2020. Not later than January 1, 2020, 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 on the status of the review described in paragraph (1), including preliminary results from the review. Not later than 90 days after the date of enactment of this Act, the Secretary shall update regulations regarding nutrition standards for whole grains and sodium in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) to improve program administration. The update described in paragraph
(1)shall be made without regard to— the notice and comment provisions of section 553 of title 5, United States Code; and chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). Not later than 60 days after the date of enactment of this Act, the Secretary shall establish an interagency working group to issue guidance regarding the safe and effective provision of fruits and vegetables in the school meal programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). The interagency working group described in paragraph
(1)shall include representatives of— the Department of Agriculture; and the Centers for Disease Control and Prevention. Not later than 60 days after the date of enactment of this Act, the Secretary shall establish an advisory panel to consider issues and develop policy recommendations for the sale of foods outside of the reimbursable meals in the school meal programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). The advisory panel described in paragraph
(1)shall include representation from— an organization that conducts advocacy on issues relating to health and nutrition; a professional organization that represents school food service directors; entities that process or manufacture products for use in the school meal programs; and an organization that conducts research and advocacy on issues related to child nutrition. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel described in paragraph (1). Not later than 30 days after the date on which members are appointed to the panel, the panel shall submit to the Secretary, 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 describing the recommendations described in paragraph (1).
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- 77 FR 4088
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