Children's Fruit and Vegetable Act of 2009 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to: (1) promote the use of salad or fruit and vegetable bars in schools participating in the school lunch program; (2) provide training and technical assistance to states and schools on how to do so; and (3) provide grants to states for a one-time payment to schools for the cost of setting up and operating salad or fruit and vegetable bars.
Directs the Secretary to identify and remove barriers to the equitable purchase of fruits and vegetables within the Secretary's procurement and distribution systems.
Authorizes the Secretary to use administrative funds under the Act's fresh fruit and vegetable program to provide program participants with technical assistance and national and regional training conferences that emphasize best practices.
Directs the Secretary, within two years of receiving the findings of the National Academy of Sciences' review of the National School Lunch and School Breakfast Program Meal Patterns and Nutrient Standards, to promulgate a final rule updating the nutrition standards and meal requirements for school meal programs so they are consistent with such findings.
Requires the Secretary to allocate funds to states, in proportion to each state's administrative expense allocation under the school lunch and breakfast programs, so they can award competitive grants to school food authorities for the equipment needed to prepare, process, and store food for the school lunch program.
Directs the Secretary to provide competitive matching grants and technical assistance to schools and nonprofit entities to carry out farm-to-school programs that improve the access of school lunch and breakfast program participants to local foods.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4333 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4333
To amend the Richard B. Russell National School Lunch Act to improve
the health and well-being of school children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2009
Mr. Farr (for himself, Mr. Putnam, Ms. Richardson, Mr. Blumenauer, Mr.
Kagen, Mr. Michaud, Ms. Jackson-Lee of Texas, Mr. Hinchey, Ms. Matsui,
Ms. Wasserman Schultz, Mr. Moran of Virginia, Mr. Costa, Mr. Serrano,
Mr. Courtney, Ms. Hirono, and Mrs. Capps) introduced the following
bill; which was referred to the Committee on Education and Labor, and
in addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to improve
the health and well-being of school children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Fruit and Vegetable Act
of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Children eat less than half of the daily fruits and
vegetables recommended for good health by the 2005 Dietary
Guidelines for Americans. To meet those guidelines designed to
promote the health of children and to lower their risks of
chronic disease and obesity, children need to double their
fruit and vegetable intake. According to the background and
purpose of those guidelines many specific disease and
conditions are linked to poor diet and that nutrient
supplements cannot replace a healthful diet. The report notes
that ``an array of evidence points to beneficial health
effects'' from the increased intake of fruits and vegetables.
(2) Published analysis of the 2005 Dietary Guidelines for
Americans notes that increased intakes of fruit, vegetables,
are likely to have important health benefits for most
Americans. For this reason, the Secretary of Agriculture should
engage in effective marketing, communications, and training
focused on sharing best practices that result in school
children eating more fruits and vegetables.
(3) Schools participating in the national school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) or the school
breakfast program established under the Child Nutrition Act of
1966 (42 U.S.C. 1771, et seq.) are required to serve meals that
are consistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
However, Nutrition Standards and Meal Requirements for the
National School Lunch Program and the School Breakfast Program,
have not been updated since 1995.
(4) Most schools participating in school meal programs
currently serve meals that contain fewer fruits and vegetables
than recommended by the Dietary Guidelines for Americans
published in 2005 under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
(5) The Institute of Medicine's publication entitled School
Meals: Building Blocks for Healthy Children Report (October 20,
2009), recommends that (1) the amount of fruit served in school
breakfast be doubled to one cup, and (2) the amount of fruits
and vegetables in school lunch be doubled to one cup of fruit
and one cup of vegetables every day, and that the variety of
vegetables served be increased, emphasizing dark green and
orange vegetables. The Institute of Medicine's recommendations
will align the National School Breakfast and Lunch Programs
with the Dietary Guidelines for Americans published in 2005
under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341) and promote
children's health. The Institute of Medicine's report also
recognizes that improving the quality of school meals, such as
adding more fruits and vegetables, will require additional
cafeteria equipment, such as refrigeration, salad bar, and
fruit and vegetable bars.
(6) An important goal of the Federal school lunch and
breakfast programs should include improving the eating habits
of children so they can meet recommendations set forth in the
most recent version of the Dietary Guidelines for Americans.
(7) According to a University of California-Los Angeles
School of Public Health study published in 2007 (Public Health
Nutrition 10:1490-1496) by Dr. Wendelin Slusser, M.D., et al.
and later confirmed by additional research presented by Dr.
Havinder Sareen, PhD, MPH to the Centers for Disease Control
and Prevention in February 2009, children who have access to
salad bars or fruit and vegetable bars in their school
cafeteria eat more fruits and vegetables.
(8) According to the U.S. Department of Agriculture only
approximately 3 percent of fruits and vegetables purchased for
the school lunch program through the Agricultural Marketing
Services commodity purchase program are fresh. The Secretary of
Agriculture is piloting a fresh-cut sliced apple program to
test the feasibility of purchasing, under authority of section
32 of Public Law 74-320, as amended (7 U.S.C. 612c), a wide
variety of fresh-cut fruits and vegetables for school meal
programs. According to the Agricultural Marketing Service press
release from September 17, 2009, the fresh-cut sliced apple
pilot program is a tremendous achievement and is
extraordinarily popular with schools. The Secretary plans to
expand the fresh-cut apple program and pilot test a baby carrot
program during the Fall of 2009.
(9) The American Recovery and Reinvestment Act of 2009
(ARRA) (Public Law 111-5) provided a one time investment of
$100 million for equipment assistance to school food
authorities participating in the National School Lunch Program.
This is the first Federal infrastructure investment for
cafeteria equipment in 25 years. Total requests from schools
for cafeteria equipment through the ARRA exceeded $650 million
indicating a strong unmet need for Federal support to help
schools for equipment that lends itself to improving the
quality of school food service meals that meet the Dietary
Guidelines.
(10) The Fresh Fruit and Vegetable Program established
under Section 19 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a, et seq.) has demonstrated
successfully that children like fresh fruits and vegetables and
will increase their consumption when a variety of high quality
fresh fruits and vegetables are available to them in school.
(11) Policy initiatives, such as the Fresh Fruits and
Vegetable Program, which are designed to improve the school
food environment and children's eating habits, should be
reinforced with training and technical assistance for schools
to improve program effectiveness.
(b) Purpose.--The purpose of this Act is to establish a national
strategy to improve the nutritional quality of school meals served by
schools participating in the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
or the school breakfast program established under established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) by increasing
access to and consumption of fruits and vegetables by children enrolled
in the schools through--
(1) the promotion of the use of salad bars, or fruit and
vegetable bars, as a strategy to increase children's fruit and
vegetable consumption;
(2) the expansion of the amount of fruits and vegetables
purchased by the Secretary of Agriculture for use in school
meals, emphasizing fruits and vegetables that are popular with
students;
(3) effective training and technical assistance,
emphasizing best practices, that will--
(A) improve the implementation of the Fresh Fruit
and Vegetable Program under section 19 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769a);
and
(B) increase the availability and consumption of
fruits and vegetables in school meals;
(4) infrastructure investment for purchasing cafeteria
equipment specifically targeted for increasing access to fruits
and vegetables and improve the quality of school food service
meals that meet the most recent Dietary Guidelines for
Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);
and
(5) improving the quality of school meals.
SEC. 3. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. INCREASING ACCESS TO FRUITS AND VEGETABLES IN SCHOOL
CAFETERIAS.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following--
``(j) Establishing Salad Bars and Fruit and Vegetable Bars.--
``(1) Marketing and communications plan.--Not later than 90
days after the date of enactment of the Children's Fruit and
Vegetable Act of 2009, the Secretary shall establish and
implement a plan to promote the use of salad bars or fruit and
vegetable bars in schools participating in the school lunch
program established under this Act.
``(2) Training and technical assistance.--
``(A) In general.--In carrying out the plan
described in paragraph (1), the Secretary shall provide
training and technical assistance to State educational
agencies and schools on how to offer salad bars or
fruit and vegetable bars.
``(B) Comprehensive guidance.--In providing the
training and technical assistance described in
subparagraph (A), the Secretary may use relevant
guidance provided in the publication of the Secretary
entitled Fruits and Vegetables Galore: Helping Kids Eat
More (2004).
``(3) Infrastructure investment.--
``(A) In general.--In carrying out the plan
described in paragraph (1), the Secretary shall develop
a program to provide grants to State educational
agencies to encourage schools in such agencies to
purchase equipment and modify facilities for the
purpose of setting up and operating salad bars or fruit
and vegetable bars.
``(B) Allocation to state educational agencies.--
The Secretary shall allocate funds to each State
educational agency in accordance with a formula
developed by the Secretary, which shall provide for
reallocation of unused funds after the end of each
fiscal year.
``(C) Application.--To receive a grant under this
subsection, a State educational agency shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
``(D) State educational agency required uses of
funds.--Each State educational agency receiving a grant
under this subsection shall use the grant funds to--
``(i) award schools in such State
educational agency a one-time payment equal to
the anticipated cost of setting up and
operating a salad bar or fruit and vegetable
bar, or $7,500, whichever is less; and
``(ii) shall impose appropriate audit and
reporting requirements, and other procedures to
ensure that funds provided to schools by the
agency under this subsection have been properly
used and shall recover unused funds, as
appropriate.
``(4) Evaluation and report.--Not later than 18 months
following the establishment and execution of the plan described
in paragraph (1), the Secretary shall prepare and submit a
report to the Committee on Education and Labor, the Committee
on Agriculture, and the Committee on Appropriations, of the
House of Representatives, and the Committee on Appropriations,
the Committee on Agriculture, Nutrition, and Forestry, of the
Senate, which describes--
``(A) how the plan has been executed; and
``(B) the number of schools that have new salad
bars or fruit and vegetable bars as a result of such
plan.
``(5) Mandatory spending.--
``(A) In general.--Out of the funds in the Treasury
not otherwise appropriated, the Secretary of Treasury
shall provide to the Secretary of Agriculture by
October 15 of each of fiscal years 2011 through 2012
the amount of $10,000,000 and the Secretary of
Agriculture shall accept and use such funds to
implement this subsection.
``(B) Additional authorization of appropriations.--
There are authorized to be appropriated, in addition to
the mandatory funding under subparagraph (A) for each
of the fiscal years listed in such subparagraph, such
sums as are necessary to carry out this subsection, to
remain available until expended.''.
SEC. 5. IDENTIFYING AND REMOVING BARRIERS TO THE PURCHASE OF PERISHABLE
FRUITS AND VEGETABLES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish and implement a
plan to identify and remove barriers to facilitate the equitable
purchase of fruits and vegetables within the procurement and
distribution systems administered by Secretary, acting through the
Agricultural Marketing Service of the Department of Agriculture. The
plan shall seek to identify and remove barriers to the equitable
purchase of fruits and vegetables at all levels of the procurement and
distribution systems, including any barriers related to the initial
surveys, bidding, transportation, handling, storage, and delivery to
schools.
(b) Evaluation and Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall evaluate and report to
the appropriate committees of Congress recommendations to reduce or
eliminate the barriers identified pursuant to subsection (a).
SEC. 6. BEST PRACTICES TO IMPROVE EFFECTIVENESS OF FRESH FRUIT AND
VEGETABLE PROGRAM.
Section 19(i)(6)(A) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769a) is amended to read as follows:
``(A) In general.--Of funds made available to carry
out this section for a fiscal year, the Secretary may
use not more than $500,000 for administrative costs of
carrying out this program, including national and
regional training conferences emphasizing sharing best
practices, and providing technical assistance. Such
training programs may also include strategies and best
practices for increasing access to fresh fruits and
vegetables in other school meals programs.''.
SEC. 7. IMPROVING THE QUALITY OF SCHOOL MEALS THROUGH RULEMAKING.
Not later than 24 months after the date of receiving the review
initiated by the National Academy of Sciences, Institute of Medicine in
February 2008 of the National School Lunch and School Breakfast Program
Meal Patterns and Nutrient Standards authorized under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751), the Secretary shall
promulgate a final rule updating the nutrition standards and meal
requirements for school meal programs in a manner consistent with the
findings of such review.
SEC. 8. EQUIPMENT ASSISTANCE GRANTS.
(a) Program Authorized.--From the amount appropriated under
subsection (e), the Secretary shall provide funds to States, according
to the allocation formula described in subsection (b), for the purpose
of awarding grants, on a competitive basis, to school food authorities
to provide equipment assistance to schools participating in the school
lunch program established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
(b) Allocation Formula.--
(1) In general.--From the amount appropriated under
subsection (e), the Secretary shall allocate funds to States in
a manner proportional with each State's administrative expense
allocation under section 7(a)(2) of the Child Nutrition Act of
1966 (42 U.S.C. 1776(a)(2)).
(2) Reallocation.--If a State does not receive funds under
this subsection, the Secretary shall reallocate such funds to
other States in amounts the Secretary determines necessary.
(c) Applications.--
(1) States.--To qualify to receive an allocation of funds
under this section, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) School food authorities.--To qualify to receive a grant
under this section, a school food authority shall submit an
application to the applicable State at such time, in such
manner, and containing such information as the State may
require. Such application shall demonstrate to the State that
such school food authority serves schools that have a need for
equipment assistance.
(d) Priority.--In awarding grants under this section, a State shall
give priority to school food authorities that have, under the
jurisdiction of such authorities, schools in which not less than 50
percent of the students are eligible for free or reduced price lunches
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.).
(e) Authorization of Appropriations and Appropriation.--Out of any
moneys in the Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide to the Secretary $100,000,000 to carry out this
section, to remain available until expended.
(f) Definition.--In this section, the term ``equipment'' means any
equipment needed to prepare, process, and store food for the school
lunch program established under this Act.
SEC. 9. FARM TO SCHOOL PROGRAM.
(a) Amendment.--The Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.) is amended by inserting after section 19, the
following:
``SEC. 19A. FARM-TO-SCHOOL PROGRAM.
``(a) In General.--From the amount appropriated under subsection
(h), the Secretary shall carry out a program provide assistance,
through competitive matching grants and technical assistance, to
schools and nonprofit entities to carry out farm-to-school programs
that improve access to local foods in schools and institutions
participating in programs under this Act and section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) through farm to school
activities, including the purchase of local food, establishment of
effective relationships between school and institutional food service
providers, distributors, and producers or groups of producers, school
gardens, appropriate equipment, and the provision of training and
education.
``(b) Purposes of Farm-to-School Programs.--Farm-to-school programs
are designed to--
``(1) improve the nutritional health and well being of
children;
``(2) procure healthy local foods from small and medium-
sized farms for meals at eligible schools and institutions;
``(3) support experiential nutrition education activities
and curriculum planning that incorporates the participation of
school children in farm and garden-based agricultural education
activities;
``(4) develop a sustained commitment to farm to school
projects in the community by linking schools and institutions,
State and local agencies including Indian Tribal Organizations,
institutions of higher education, agricultural producers,
parents, community garden groups and other community
stakeholders; and
``(5) increase farm income by facilitating farmers' access
to institutional markets including schools.
``(c) Grants.--
``(1) Competitive basis.--A grant under this section shall
be awarded on a competitive basis.
``(2) Types of grants.--A grant under this section may be--
``(A) an implementation grant to support the cost
of implementing a farm-to-school program;
``(B) a training and technical assistance grant to
provide the training, operational support, information,
and access to resources necessary to implement a
success farm-to-school program; or
``(C) a planning grant to support the cost of
conducting research, identifying resources, and
developing partnerships to design a successful and
sustainable farm-to-school program.
``(3) Amount.--The total amount provided under this section
to a grant recipient shall not exceed--
``(A) in the case of an implementation or training
and technical assistance grant, $100,000; and
``(B) in the case of a planning grant, $25,000.
``(4) Term.--A grant under this section may not be awarded
for a period of more than--
``(A) in the case of an implementation or training
and technical assistance grant, 2 years; and
``(B) in the case of a planning grant, 1 year.
``(5) Cost share.--
``(A) In general.--The amount of a grant made under
this section shall not exceed 75 percent of the cost
of--
``(i) in the case of an implementation
grant, implementing a farm-to-school program;
``(ii) in the case of a training and
technical assistance grant, providing the
training, operational support, information, and
access to resources necessary to implement a
success farm-to-school program; and
``(iii) in the case of a planning grant,
conducting research, identifying resources and
developing partnerships to design a successful
and sustainable farm-to-school program.
``(B) Non-federal support.--A grant recipient under
this section shall be required to provide not more than
25 percent of the cost of the applicable activities
described in subparagraph (A) in the form of cash or
in-kind contributions (including facilities, equipment,
training, or services provided by State and local
governments and private sources).
``(d) Evaluation.--An grant recipient under this section shall
agree to cooperate in an evaluation carried out by the Secretary.
``(e) Regional Balance.--In making awards and providing technical
assistance under this section, the Secretary shall to the maximum
extent practicable, ensure--
``(1) geographical diversity; and
``(2) equitable treatment of urban, rural, and tribal
communities.
``(f) Technical Assistance.--
``(1) Technical assistance by secretary.--The Secretary
shall provide grant recipients technical assistance and
information to further the purposes of this section.
``(2) Training and technical assistance grants.--
``(A) In general.--In the case of a recipient of a
training and technical assistance grant under this
section, the recipient shall use the funds available
under the grant to provide training and technical
assistance to an entity, including an institution of
higher education, that desires to implement a farm-to-
school program.
``(B) Training and technical assistance
activities.--The training and technical assistance
shall--
``(i) be provided under such terms as the
Secretary may require; and
``(ii) include providing the training,
operational support, information, and access to
resources necessary to implement a success
farm-to-school program.
``(g) Proposals.--
``(1) Requirement for applicants.--An applicant that
desires to receive a grant under this section shall submit to
the Secretary a proposal at such time, in such manner, and
containing such information as the Secretary may require.
``(2) Proposal review criteria.--In making awards under
this subsection, the Secretary shall form review panels
described in paragraph (3) to evaluate proposals submitted
pursuant to paragraph (1) based on the extent to which the
proposed program--
``(A) makes local food products available on the
menu of the school or institution;
``(B) benefits local small and medium-sized farms;
``(C) incorporates experiential nutrition
education;
``(D) serves schools and eligible institutions with
a high proportion of children who are eligible for free
and reduced price lunches;
``(E) demonstrates collaboration between schools or
institutions, non-governmental and community-based
organizations, farmer groups, and other community
partners;
``(F) demonstrates the potential for long-term
program sustainability;
``(G) includes adequate and participatory
evaluation plans; and
``(H) meets such other related criteria as the
Secretary may determine relevant.
``(3) Competitive award selection.--In forming review
panels to evaluate proposals submitted pursuant to paragraph
(1), the Secretary shall include--
``(A) representatives of schools and eligible
institutions;
``(B) registered dietitians;
``(C) operators of small and medium-sized farms;
``(D) public agencies;
``(E) non-governmental and community-based
organizations with expertise in local food systems and
farm to school programs; and
``(F) other appropriate parties as determined by
the Secretary.
``(h) Funding.--Beginning on October 1, 2010, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary of Agriculture to carry out this
subsection $10,000,000 each fiscal year, to remain available until
expended.
``(i) Definition.--For purposes of this section, the term
`institution of higher education' has the meaning given such term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
(b) Conforming Amendment.--Section 18 of the Richard B. National
School Lunch Act (42 U.S.C. 1769) is amended by repealing subsection
(g).
<all>
Introduced in House
Introduced in House
Referred to House Education and Labor
Referred to the Committee on Education and Labor, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Agriculture
Referred to the Subcommittee on Healthy Families and Communities.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
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