139 
‘‘(i) IN GENERAL.—The State agency 
shall ensure that all pregnant, postpartum, 
and breastfeeding participants in the pro-
gram, and parents or caretakers of infant 
and child participants in the program, are 
provided education regarding proper dis-
posal of unused or excess infant formula ob-
tained with food instruments issued under 
the program under this section. 
‘‘(ii) 
INCLUSIONS.—The 
education 
under this subparagraph shall include in-
formation regarding— 
‘‘(I) the safety hazards of pur-
chasing infant formula from an unau-
thorized vendor; and 
‘‘(II) the penalties associated with 
the gifting, trading, sale, or resale of 
infant formula or other supplemental 
foods obtained with food instruments 
issued under the program under this 
section, in accordance with subsection 
(o).’’; and 
(C) by striking paragraph (3) and inserting 
the following: 
‘‘(3) NUTRITION EDUCATION MATERIALS.— 
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140 
‘‘(A) IN
GENERAL.—The Secretary, after 
submitting proposed nutrition education mate-
rials to the Secretary of Health and Human 
Services for comment, shall issue the materials 
for use in the program under this section. 
‘‘(B) SHARING OF MATERIALS WITH CHILD 
AND
ADULT
CARE
FOOD
PROGRAM.—A State 
agency may allow the local agencies or clinics 
operating under the State agency to share nutri-
tion educational materials with institutions par-
ticipating in the Child and Adult Care Food 
Program established under section 17 of the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766) at no cost to that program, if 
a written materials-sharing agreement exists be-
tween the relevant agencies.’’; 
(5) in subsection (f)— 
(A) by striking ‘‘(f)(1)(A) Each State agen-
cy’’ and all that follows through ‘‘change in the 
plan.’’ and inserting the following: 
‘‘(f) PLAN OF OPERATION AND ADMINISTRATION BY 
STATE AGENCY.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) SUBMISSION.— 
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141 
‘‘(i) IN GENERAL.—Each State agency 
shall submit to the Secretary a plan of op-
eration and administration of the program 
authorized under this section. 
‘‘(ii) DEADLINES.—Each State agency 
shall submit— 
‘‘(I) an initial plan not later than 
such date as is specified by the Sec-
retary; and 
‘‘(II) an update to the plan every 
3 years thereafter or, if the require-
ments of this section continue to be met 
by current plan, an assurance that the 
current plan continues to meet such re-
quirements.’’; 
(B) in paragraph (1)(B), by striking ‘‘sub-
mitted for’’ and inserting ‘‘submitted covering’’; 
(C) in paragraph (1)(C)— 
(i) in clause (x), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (xi) as 
clause (xiii); and 
(iii) by inserting after clause (x) the 
following: 
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142 
‘‘(xi) a plan to allow, during an emergency or 
disaster period, for different foods to be obtained with 
program benefits in lieu of, or in addition to, the sup-
plemental foods available to be obtained with such 
benefits; 
‘‘(xii) a plan detailing the methods to be used by 
all local agencies to ensure compliance with sub-
section (d)(2); and’’; 
(D) in paragraph (5)— 
(i) by striking ‘‘(5) State and local’’ 
and inserting the following: 
‘‘(5) ACCOUNTS, RECORDS, AND REVIEW.— 
‘‘(A) IN GENERAL.—State and local’’; and 
(ii) by adding at the end the following: 
‘‘(B) REVIEW.—The Secretary shall periodi-
cally review State and local agency compliance 
with the approved plan of operation and admin-
istration of the applicable State.’’; 
(E) in paragraph (10)— 
(i) by striking ‘‘(10) The Secretary’’ 
and inserting the following: 
‘‘(10) STANDARDS FOR ADMINISTRATION.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(ii) by adding at the end the following: 
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143 
‘‘(B) NOTIFICATION
TO
STATE
AUTHOR-
ITY.—If, on reviewing the administration by a 
State of the program, the Secretary determines 
there is a need to temporarily halt the State 
from approving new vendors to address defi-
ciencies in proper administration, the Secretary 
may issue a moratorium on the authority of the 
State to approve new vendors, subject to the con-
dition that the Secretary shall provide the State 
with reasoning behind such determination and 
shall establish— 
‘‘(i) a timeframe under which the mor-
atorium will be issued, including any re-
newal or lifting of the moratorium; 
‘‘(ii) a process to approve vendors for 
the State in a manner that does not im-
pede— 
‘‘(I) the sale of a business; or 
‘‘(II) the establishment of any new 
business; and 
‘‘(iii) a review process to be conducted 
by the Secretary to ensure that partici-
pants, nonparticipants, and vendors are not 
adversely impacted by the implementation 
of the moratorium.’’; 
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144 
(F) in paragraph (11)— 
(i) in subparagraph (C)— 
(I) in clause (i)— 
(aa) by inserting before the 
semicolon at the end the following: 
‘‘which, beginning not later than 
60 days after the date of enact-
ment of the Improving Child Nu-
trition and Education Act of 
2016, shall include an examina-
tion of criteria relating to fluid 
milk (in consideration of the most 
recent 
Dietary 
Guidelines 
for 
Americans published under sec-
tion 301 of the National Nutrition 
Monitoring and Related Research 
Act of 1990 (7 U.S.C. 5341)), and 
an examination of the consump-
tion and redemption rates of milk 
beginning on May 5, 2014’’; and 
(bb) by striking ‘‘and’’ at the 
end; 
(II) in clause (ii)— 
(aa) by striking ‘‘and cul-
tural eating patterns’’ and insert-
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