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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Better Nutrition for 
School Children Act of 2004’’. 
SEC. 2. FOODS OF MINIMAL NUTRITIONAL VALUE. 
(a) IN GENERAL.—Section 10 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1779) is amended—
(1) in subsection (a), by inserting ‘‘(throughout 
the entire school, including the school grounds, until 
the end of the time of service of food under the 
school lunch program under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et 
seq.))’’ after ‘‘participating schools’’; 
(2) by striking subsection (b); 
(3) by redesignating subsection (c) as sub-
section (d); and 
(4) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) BASIS.—The Secretary shall promulgate the 
regulations required under subsection (a) based on sound 
nutritional science, as determined by the Secretary. 
‘‘(c) FACTORS.—In promulgating the regulations re-
quired under subsection (a), the Secretary shall con-
sider—
‘‘(1) the nutritional needs of students in various 
grade levels; 
‘‘(2) the proximity of any area where foods of 
minimal nutritional value may be sold, donated, or 
served without charge to the food service facilities or 
areas; 
‘‘(3) the extent to which students will likely 
substitute consumption of foods of minimal nutri-
tional value for other food served in participating 
schools under this Act and the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et 
seq.); and 
‘‘(4) the benefits to a school of permitting the 
sale, donation, or service without charge of foods of 
minimal nutritional value, including the extent to 
which the proceeds of such sales inure to the benefit 
of a school or an organization of students approved 
by a school.’’. 
(b) REGULATIONS.—
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Agriculture shall promulgate such regulations as are 
necessary to implement the amendments made by 
this section. 
(2) 
FOODS
OF
MINIMAL
NUTRITIONAL 
VALUE.—In promulgating the regulations, the Sec-
retary shall review and (as necessary) revise the def-
inition of ‘‘foods of minimal nutritional value’’ that 
is used to carry out the Child Nutrition Act of 1966 
(42 U.S.C. 1786) and the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.). 
(3) PROCEDURE.—The promulgation of the reg-
ulations and the administration of the amendments
made by this section shall be made without regard 
to chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’). 
(4) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
retary shall use the authority provided under section 
808(2) of title 5, United States Code.
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