---
kind: "section"
citation: "42 U.S.C. § 1769j"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1769j"
heading: "Ensuring safety of school meals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1769j"
units:
  - "Chapter 13 — School Lunch Programs"
---

# §1769j. Ensuring safety of school meals

- (a) **Food and Nutrition Service—** Not later than 1 year after December 13, 2010, the [Secretary](/usc/42/242q–4.md?p=2), acting through the [Administrator](/usc/42/4005.md?p=1) of the Food and Nutrition Service, shall—
  - (1) in consultation with the [Administrator](/usc/42/4005.md?p=1) of the Agricultural Marketing Service and the [Administrator](/usc/42/4005.md?p=1) of the Farm Service [Agency](/usc/42/8262.md?p=1), develop guidelines to determine the circumstances under which it is appropriate for the [Secretary](/usc/42/242q–4.md?p=2) to institute an administrative hold on suspect foods purchased by the [Secretary](/usc/42/242q–4.md?p=2) that are being used in school meal programs under this chapter and the Child Nutrition Act of 1966 ([42 U.S.C. 1771](/usc/42/1771.md) et seq.);
  - (2) work with [States](/usc/42/2021b.md?p=14) to explore ways for the [States](/usc/42/2021b.md?p=14) to increase the timeliness of notification of food recalls to schools and school food authorities;
  - (3) improve the timeliness and completeness of direct communication between the Food and Nutrition Service and [States](/usc/42/2021b.md?p=14) about holds and recalls, such as through the commodity alert system of the Food and Nutrition Service; and
  - (4) establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete information to schools.
- (b) **Food Safety and Inspection Service—** Not later than 1 year after December 13, 2010, the [Secretary](/usc/42/242q–4.md?p=2), acting through the [Administrator](/usc/42/4005.md?p=1) of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that schools are included in effectiveness checks.

## Source credit

(June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.)

## Notes

### Editorial Notes

### References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a)(1), 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.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title.