--- kind: "section" citation: "42 U.S.C. § 1754" title: "42" title_heading: "The Public Health and Welfare" number: "1754" heading: "Nutrition promotion" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/1754" units: - "Chapter 13 — School Lunch Programs" --- # §1754. Nutrition promotion - (a) **In general—** Subject to the availability of funds made available under [subsection (g)](#g), the [Secretary](/usc/42/242q–4.md?p=2) shall make payments to [State agencies](/usc/42/300s–3.md?p=12) for each fiscal year, in accordance with this section, to promote nutrition in food service programs under this chapter and the school breakfast program established under the Child Nutrition Act of 1966 ([42 U.S.C. 1771](/usc/42/1771.md) et seq.). - (b) **Total amount for each fiscal year—** The total amount of funds available for a fiscal year for payments under this section shall equal not more than the product obtained by multiplying— - (1) ½ cent; by - (2) the number of lunches reimbursed through food service programs under this chapter during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs. - (c) **Payments to States—** - (1) **Allocation—** Subject to [paragraph (2)](#c-2), from the amount of funds available under [subsection (g)](#g) for a fiscal year, the [Secretary](/usc/42/242q–4.md?p=2) shall allocate to each [State agency](/usc/42/300s–3.md?p=12) an amount equal to the greater of— - (A) a uniform base amount established by the [Secretary](/usc/42/242q–4.md?p=2); or - (B) an amount determined by the [Secretary](/usc/42/242q–4.md?p=2), based on the ratio that— - (i) the number of lunches reimbursed through food service programs under this chapter in schools, institutions, and service institutions in the [State](/usc/42/2021b.md?p=14) that participate in the food service programs; bears to - (ii) the number of lunches reimbursed through the food service programs in schools, institutions, and service institutions in all [States](/usc/42/2021b.md?p=14) that participate in the food service programs. - (2) **Reductions—** The [Secretary](/usc/42/242q–4.md?p=2) shall reduce [allocations](/usc/42/2021b.md?p=2) to [State agencies](/usc/42/300s–3.md?p=12) qualifying for an [allocation](/usc/42/2021b.md?p=2) under [paragraph (1)(B)](#c-1-B), in a manner determined by the [Secretary](/usc/42/242q–4.md?p=2), to the extent necessary to ensure that the total amount of funds allocated under [paragraph (1)](#c-1) is not greater than the amount appropriated under [subsection (g)](#g). - (d) **Use of payments—** - (1) **Use by State agencies—** A [State agency](/usc/42/300s–3.md?p=12) may reserve, to support dissemination and use of nutrition messages and material developed by the [Secretary](/usc/42/242q–4.md?p=2), up to— - (A) 5 percent of the payment received by the [State](/usc/42/2021b.md?p=14) for a fiscal year under [subsection (c)](#c); or - (B) in the case of a small [State](/usc/42/2021b.md?p=14) (as determined by the [Secretary](/usc/42/242q–4.md?p=2)), a higher percentage (as determined by the [Secretary](/usc/42/242q–4.md?p=2)) of the payment. - (2) **Disbursement to schools and institutions—** Subject to [paragraph (3)](#d-3), the [State agency](/usc/42/300s–3.md?p=12) shall disburse any remaining amount of the payment to school food authorities and institutions participating in food service programs described in [subsection (a)](#a) to disseminate and use nutrition messages and material developed by the [Secretary](/usc/42/242q–4.md?p=2). - (3) **Summer food service program for children—** In addition to any amounts reserved under [paragraph (1)](#d-1), in the case of the summer food service program for children established under [section 1761 of this title](/usc/42/1761.md), the [State agency](/usc/42/300s–3.md?p=12) may— - (A) retain a portion of the funds made available under [subsection (c)](#c) (as determined by the [Secretary](/usc/42/242q–4.md?p=2)); and - (B) use the funds, in connection with the program, to disseminate and use nutrition messages and material developed by the [Secretary](/usc/42/242q–4.md?p=2). - (e) **Documentation—** A [State agency](/usc/42/300s–3.md?p=12), school food authority, and institution receiving funds under this section shall maintain documentation of nutrition promotion activities conducted under this section. - (f) **Reallocation—** The [Secretary](/usc/42/242q–4.md?p=2) may reallocate, to carry out this section, any amounts made available to carry out this section that are not obligated or expended, as determined by the [Secretary](/usc/42/242q–4.md?p=2). - (g) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. ## Source credit (June 4, 1946, ch. 281, § 5, as added Pub. L. 108–265, title I, § 101, June 30, 2004, 118 Stat. 730.) ## Notes ### Editorial Notes ### References in Text The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, 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 section 1771 of this title and Tables. ### Prior Provisions A prior section 1754, acts June 4, 1946, ch. 281, § 5, 60 Stat. 231; July 12, 1952, ch. 699, § 1(b), 66 Stat. 591; Sept. 25, 1962, Pub. L. 87–688, § 3(a), 76 Stat. 587; Oct. 15, 1962, Pub. L. 87–823, § 3(a), 76 Stat. 945; Nov. 10, 1977, Pub. L. 95–166, § 3, 91 Stat. 1332, related to amount, apportionment, etc., for food service equipment assistance, prior to repeal by Pub. L. 97–35, title VIII, §§ 805(a), 820(a)(4), Aug. 13, 1981, 95 Stat. 527, 534, effective Oct. 1, 1981. ### Statutory Notes and Related Subsidiaries ### Effective Date Pub. L. 108–265, title V, § 502, June 30, 2004, 118 Stat. 789, as amended by Pub. L. 108–447, div. A, title VII, § 788(f), Dec. 8, 2004, 118 Stat. 2851, provided that: In General.—Except as otherwise provided in this Act [see Short Title of 2004 Amendment note set out under section 1751 of this title], this Act and the amendments made by this Act take effect on the date of enactment of this Act [June 30, 2004].Special Effective Dates.— July 1, 2004.—The amendments made by sections 106, 107, 126(c), and 201 [amending sections 1758, 1773, and 1776 of this title] take effect on July 1, 2004. October 1, 2004.—The amendments made by sections 119(c), 119(g), 202(a), 203(a), 203(b), 203(c)(1), 203(c)(5), 203(e)(8), 203(e)(10), 203(e)(13), 203(f), 203(h)(1), and 203(h)(2) [amending sections 1766, 1776, and 1786 of this title] take effect on October 1, 2004. January 1, 2005.—The amendments made by sections 116(f)(1) and 116(f)(3) [amending section 1769 of this title] take effect on January 1, 2005. July 1, 2005.—The amendments made by sections 102, 104 (other than section 104(a)(1)), 105, 111, and 126(b) [amending sections 1396a, 1758, 1759a, and 1769c of this title and section 2020 of Title 7, Agriculture] take effect on July 1, 2005. October 1, 2005.—The amendments made by sections 116(d) and 203(e)(9) [amending sections 1761 and 1786 of this title] take effect on October 1, 2005.”