I 

108TH CONGRESS 

2D SESSION H. R. 4519

To amend the Child Nutrition Act of 1966 to promote better nutrition 

among school children participating in the school breakfast and lunch 

programs. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2004

Mr. HINCHEY introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To amend the Child Nutrition Act of 1966 to promote better 

nutrition among school children participating in the 

school breakfast and lunch programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Better Nutrition for 

5 School Children Act of 2004’’. 

6 SEC. 2. FOODS OF MINIMAL NUTRITIONAL VALUE. 

7 (a) IN GENERAL.—Section 10 of the Child Nutrition 

8 Act of 1966 (42 U.S.C. 1779) is amended—
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1 (1) in subsection (a), by inserting ‘‘(throughout 

2 the entire school, including the school grounds, until 

3 the end of the time of service of food under the 

4 school lunch program under the Richard B. Russell 

5 National School Lunch Act (42 U.S.C. 1751 et 

6 seq.))’’ after ‘‘participating schools’’; 

7 (2) by striking subsection (b); 

8 (3) by redesignating subsection (c) as sub9 section (d); and 

10 (4) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) BASIS.—The Secretary shall promulgate the 

13 regulations required under subsection (a) based on sound 

14 nutritional science, as determined by the Secretary. 

15 ‘‘(c) FACTORS.—In promulgating the regulations re16 quired under subsection (a), the Secretary shall con17 sider—

18 ‘‘(1) the nutritional needs of students in various 

19 grade levels; 

20 ‘‘(2) the proximity of any area where foods of 

21 minimal nutritional value may be sold, donated, or 

22 served without charge to the food service facilities or 

23 areas; 

24 ‘‘(3) the extent to which students will likely 

25 substitute consumption of foods of minimal nutri-
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1 tional value for other food served in participating 

2 schools under this Act and the Richard B. Russell 

3 National School Lunch Act (42 U.S.C. 1751 et 

4 seq.); and 

5 ‘‘(4) the benefits to a school of permitting the 

6 sale, donation, or service without charge of foods of 

7 minimal nutritional value, including the extent to 

8 which the proceeds of such sales inure to the benefit 

9 of a school or an organization of students approved 

10 by a school.’’. 

11 (b) REGULATIONS.—

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary of 

14 Agriculture shall promulgate such regulations as are 

15 necessary to implement the amendments made by 

16 this section. 

17 (2) FOODS OF MINIMAL NUTRITIONAL

18 VALUE.—In promulgating the regulations, the Sec19 retary shall review and (as necessary) revise the def20 inition of ‘‘foods of minimal nutritional value’’ that 

21 is used to carry out the Child Nutrition Act of 1966 

22 (42 U.S.C. 1786) and the Richard B. Russell Na23 tional School Lunch Act (42 U.S.C. 1751 et seq.). 

24 (3) PROCEDURE.—The promulgation of the reg25 ulations and the administration of the amendments 
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1 made by this section shall be made without regard 

2 to chapter 35 of title 44, United States Code (com3 monly known as the ‘‘Paperwork Reduction Act’’). 

4 (4) CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING.—In carrying out this subsection, the Sec6 retary shall use the authority provided under section 

7 808(2) of title 5, United States Code.

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