1.This Act may be cited as the
Children’s Fruit and Vegetable Act of
2009
.
2.
(a)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)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.
3.In this Act, the term
Secretary
means the Secretary of Agriculture.
4.Increasing access
to fruits and vegetables in school cafeteriasSection 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 planNot 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 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)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 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 agenciesThe 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)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 fundsEach 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)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)
(A)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 appropriationsThere 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.
.
5.Identifying and
Removing Barriers to the Purchase of Perishable Fruits and Vegetables
(a)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)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).
6.Best practices to
improve effectiveness of fresh fruit and vegetable programSection 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)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.
.
7.Improving the
quality of school meals through rulemakingNot 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.
8.Equipment
assistance grants
(a)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)
(1)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)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)
(1)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)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)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 AppropriationOut 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)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.
9.
(a)The Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 19,
the following:
19A.
(a)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 programsFarm-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)
(1)A grant under this section shall be awarded on a
competitive basis.
(2)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)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)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)
(A)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)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)An grant recipient under this section shall
agree to cooperate in an evaluation carried out by the Secretary.
(e)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)
(1)Technical
assistance by SecretaryThe
Secretary shall provide grant recipients technical assistance and information
to further the purposes of this section.
(2)Training and
Technical assistance grants
(A)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 activitiesThe 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)
(1)Requirement for
applicantsAn 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)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 selectionIn 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)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)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)Section 18 of the Richard B. National School Lunch Act
(42 U.S.C. 1769) is amended by repealing subsection (g).