Sec. 8. Waiver to purchase foreign seafood commodities or products
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Section 12(n)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(n)(1) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting appropriately; by striking the paragraph designation and heading and all that follows through the term in the matter preceding clause
(i)(as so redesignated) and inserting the following: In this subsection: The term ; and by adding at the end the following: The term foreign seafood commodity or product means a seafood commodity or product other than— a seafood commodity that is produced in the United States; or a seafood product that is processed in the United States substantially using seafood commodities that are produced in the United States. . Section 12(n)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(n)(2) ) is amended— in subparagraph (A), by striking subparagraph
(B)and inserting subparagraphs
(B)and
(C); in subparagraph (B)(ii), by striking for the school lunch and all that follows through the period at the end and inserting the following: “for— the school lunch program under this Act, including any snacks served under that program; or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). ; and by adding at the end the following: Except as provided in clause (ii), a school food authority shall request from the Secretary a waiver of subparagraph
(A)to purchase foreign seafood commodities or products. A school food authority may purchase foreign seafood commodities or products without requesting a waiver under clause
(i)if those seafood commodities or products are not— produced domestically; or available domestically. The Secretary may not provide a waiver under clause
(i)unless— the seafood commodities or products for which the waiver is requested are not produced domestically in sufficient quantities or of satisfactory quality; and the school food authority enters into an agreement under clause (iv). The Secretary may not provide a waiver under clause
(i)unless the school food authority requesting the waiver agrees to make a notification of the waiver publicly available on the website of the school food authority not later than 30 days after receiving the waiver. . Section 12(n) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(n) ) is amended, in paragraphs
(3)and (4), by striking Paragraph (2)(A) each place it appears and inserting Subparagraphs
(A)and
(C)of paragraph
(2). Not later than 180 days after the establishment of the Office of Seafood Policy and Program Integration pursuant to section 621 of the Agricultural Research, Extension, and Education Reform Act of 1998, that Office shall develop a plan to address factors affecting increased access to, and use of, seafood in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) to levels commensurate with Food and Drug Administration dietary guidelines. The plan developed under paragraph
(1)shall— specify how the Secretary will enhance nutrition education, recipes, and training relating to seafood and seafood preparation; identify how the Secretary will work with seafood vendors to allow for the purchase of smaller quantities of seafood; establish additional flexibilities to allow school food authorities and States to procure items from local food vendors directly; describe how the Secretary will provide enhanced technical assistance for school food authorities and States to support seafood purchases; and describe any other actions identified to enhance the availability of seafood in the national school lunch program. Nothing in this section or the amendments made by this section affects the requirements under section 4207 of the Agriculture Improvement Act of 2018 ( 42 U.S.C. 1760 note; Public Law 115–334 ).
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Sec. 8
Waiver to purchase foreign seafood commodities or products
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