SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy School Meals 
Act of 2010’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) National Health and Nutrition Examination 
Surveys (1976–1980 and 2003–2006) conducted for 
the Centers for Disease Control and Prevention 
show that obesity prevalence increased from 5.0 per-
cent to 12.4 percent in children aged 2 to 5 years, 
from 6.5 percent to 17.0 percent in those aged 6– 
11 years and from 5.0 percent to 17.6 percent in 
those aged 12 to 19 years. 
(2) A 2007 Department of Agriculture School 
Nutrition Dietary study found that an estimated 70 
percent of schools serve meals that exceed rec-
ommended levels of saturated fat, which is linked to 
heart disease and other obesity-related chronic dis-
eases, such as diabetes and some cancers. 
(3) The Centers for Disease Control and Pre-
vention predicts one in three children born in the 
year 2000 will develop diabetes in his or her life. 
(4) A Yale University study of overweight and 
obese children found higher than normal blood 
sugar. Twenty-five percent of children age 4 to 10 
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had impaired glucose tolerance, suggesting diabetes 
may soon occur. 
(5) Healthy school meals are essential for pro-
tecting children from weight problems and other 
diet-related conditions; meals too high in fat and cal-
ories are found to contribute to weight and health 
problems. 
(6) The Department of Agriculture’s National 
Nutrient Database lists vegetables, fruits, whole 
grains, and legumes as being extremely low in satu-
rated fat and containing no cholesterol. 
(7) The American Medical Association and the 
American Public Health Association have passed 
resolutions calling for plant-based foods including 
vegetables, fruits, legumes, grains, and healthful 
dairy alternative beverages to be included in school 
meals. 
(8) A rapidly increasing number of families in 
the United States opt for plant-based meals for 
health, ethical, or religious reasons. 
(9) The July 2009 Journal of the American Di-
etetic Association published an official position paper 
of the American Dietetic Association which con-
cluded that plant-based diets are nutritionally ade-
quate for everyone, including children, and provide 
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health benefits when compared to other eating pat-
terns. 
(10) Studies have shown that the bioavailability 
of calcium from soymilk fortified with calcium car-
bonate is equivalent to cow’s milk. 
(11) The Department of Agriculture includes 
fruits, vegetables, whole grains, and legumes in its 
commodities program, but these essential ingredients 
to healthy meals are often underutilized or unavail-
able to many schools. 
(12) Access to healthful plant-based school 
lunch options is essential to improving the health of 
America’s children. 
(b) PURPOSE.—The purpose of this Act is to improve 
the health of America’s schoolchildren by raising the nutri-
tional quality of food through the promotion of plant- 
based meals and healthful dairy alternative beverages in 
schools. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) PLANT-BASED ALTERNATE PROTEIN PROD-
UCT.—The term ‘‘plant-based alternate protein 
product’’ means an alternate protein product that— 
(A) meets the nutritional requirements de-
scribed in appendix A to part 210 of title 7 of 
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the Code of Federal Regulations (as in effect on 
the date of the enactment of this Act); and 
(B) contains no animal-based foods, prod-
ucts, or byproducts. 
(2) PLANT-BASED
MEAT
ALTERNATE.—The 
term ‘‘plant-based meat alternate’’ means a meat al-
ternate that— 
(A) meets the nutritional requirements de-
scribed in paragraph (k)(1) of part 210.10 of 
title 7 of the Code of Federal Regulations (as 
in effect on the date of the enactment of this 
Act); and 
(B) contains no animal-based foods, prod-
ucts, or byproducts. 
(3) PLANT-BASED ENTREE.—The term ‘‘plant- 
based entree’’ means a combination of foods or a 
single food item offered as a main course that— 
(A) meets the nutritional requirements de-
scribed in part 210.10 of title 7 of the Code of 
Federal Regulations (as in effect on the date of 
the enactment of this Act) as a meat alternate 
for food-based menu planning or protein re-
quirement for nutrient-based menu planning for 
lunches that are reimbursable under the Rich-
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ard B. Russell National School Lunch Act (20 
U.S.C. 1751 et seq.); and 
(B) contains no animal-based foods, prod-
ucts, or byproducts. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(5) SUBSTITUTE FOR FLUID MILK.—The term 
‘‘substitute for fluid milk’’ means a nondairy fluid 
milk that is nutritionally equivalent to fluid dairy 
milk and meets the nutritional standards established 
by the Secretary, which shall include fortification of 
calcium, 6 or more grams of protein per 8-ounce 
serving, vitamin A, vitamin D, magnesium, phos-
phorus, potassium, riboflavin, and vitamin B12 to 
levels found in fluid dairy milk. 
SEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act, the Secretary shall se-
lect school food authorities to participate in a pilot pro-
gram that evaluates the use of plant-based alternate pro-
tein products and substitute for fluid milk products under 
the school meal programs under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) and 
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773). 
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(b) SELECTION AND PROGRAM REQUIREMENTS.— 
(1) SELECTION
REQUIREMENTS.—The Sec-
retary shall select school food authorities to partici-
pate in the pilot program under this section that are 
nationally representative of school food authorities in 
terms of size, geographic location, and socioeconomic 
levels of students served. 
(2) PROGRAM REQUIREMENTS.—In addition to 
the commodities delivered under section 6(b) of the 
Richard B. Russell National School Lunch Act (42 
U.S.C. 1755(b)), the Secretary shall deliver to the 
school food authorities selected to participate in the 
pilot program under this section, at no cost to the 
school food authorities, plant-based alternate protein 
products and substitute for fluid milk products for 
schools under the jurisdiction of such school food au-
thorities for the preparation of daily meals under— 
(A) the school lunch program under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.); and 
(B) the school breakfast program under 
section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773). 
(c) EVALUATION.—Not later than 24 months after 
the date of the enactment of this Act the Secretary shall 
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evaluate the pilot program conducted under this section 
to assess— 
(1) which plant-based alternate protein prod-
ucts and substitute for fluid milk products are supe-
rior with regard to— 
(A) cost-effectiveness; 
(B) marketability to school food authori-
ties; 
(C) ease of preparation and use; and 
(D) acceptance by children participating in 
the school meal programs under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1751 et seq.) and section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773). 
(2) any other factors and outcomes associated 
with increasing the availability of plant-based alter-
nate protein products and substitute for fluid milk 
products in schools, as determined by the Secretary. 
(d) FUNDS.—Not later than October 15, 2011, out 
of the funds in the Treasury not otherwise appropriated, 
the Secretary of Treasury shall transfer to the Secretary 
of Agriculture $4,000,000 to carry out this section. The 
Secretary of Agriculture shall be entitled to receive the 
funds and shall accept the funds, without further appro-
priation. 
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SEC. 5. PURCHASE OF PLANT-BASED COMMODITIES. 
(a) PURCHASE OF PLANT-BASED COMMODITIES.— 
Not later than 24 months after the date of the enactment 
of this Act, in addition to the commodities delivered under 
section 6(b) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1755(b)), the Secretary shall de-
liver plant-based alternate protein products and substitute 
for fluid milk products that are determined to be superior 
according to the findings of the evaluation conducted 
under section 4(c) for use in— 
(1) the school lunch program under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1751 et seq.); and 
(2) the school breakfast program under section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773). 
(b) TRAINING.—The Secretary shall provide training 
materials to schools and school food authorities on the nu-
tritional benefits and preparation of plant-based meat al-
ternates and alternate protein product commodities for 
schoolchildren. 
SEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OP-
TIONS. 
(a) RULES.—Not later than 24 months after the date 
of the enactment of this Act, the Secretary shall promul-
gate rules that— 
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(1) based on the most recent Dietary Guidelines 
published under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 1990 
(7 U.S.C. 5341), reflect specific recommendations, 
expressed in serving recommendations, for increased 
consumption of plant-based foods, including plant- 
based meat alternates and plant-based entrees, in 
school nutrition programs under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 
et seq.) and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.); and 
(2) provide for the distribution— 
(A) to any school food authority in which 
at least two-thirds of the students served by the 
authority are offered a plant-based entree as a 
menu item on each daily school lunch menu, 
supplemental commodity assistance or cash in 
lieu thereof under section 14 of the Richard B. 
Russell National School Lunch Act 42 U.S.C. 
1762a) that— 
(i) is not less than 25 percent of the 
total commodity assistance or cash in lieu 
thereof provided to the school food author-
ity during the preceding school year; and 
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(ii) shall be used by the authority to 
purchase entirely plant-based commodity 
food products or substitute for fluid milk 
products; 
(B) to each State educational agency in 
which a school food authority receives supple-
mental commodity assistance or cash in lieu 
thereof pursuant to paragraph (1), not more 
than 5 percent of such assistance or cash; and 
(C) of increased levels of supplemental 
commodity assistance or cash in lieu thereof to 
school food authorities pursuant to paragraph 
(1) as school food authorities increase the num-
ber of students who are offered a plant-based 
entree as a menu item on each daily school 
lunch menu. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 7. SUBSTITUTE FOR FLUID MILK. 
(a) AMENDMENTS.—Section 9(a)(2) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1958(a)(2)(A)) is amended to read as follows: 
‘‘(2) FLUID MILK.— 
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‘‘(A) IN
GENERAL.—Lunches served by 
schools participating in the school lunch pro-
gram under this Act— 
‘‘(i) shall offer students fluid milk in 
a variety of fat contents; and 
‘‘(ii) may offer students flavored and 
unflavored fluid milk, lactose-free fluid 
milk, and a nondairy substitute for fluid 
milk. 
‘‘(B) SUBSTITUTES.— 
‘‘(i) 
STANDARDS
FOR
SUBSTI-
TUTION.—A school shall substitute for the 
fluid milk provided under subparagraph 
(A)(i), a nondairy beverage that is nutri-
tionally equivalent to fluid milk and meets 
nutritional standards established by the 
Secretary (which shall, among other re-
quirements to be determined by the Sec-
retary, include fortification of calcium, vi-
tamin A, vitamin D, magnesium, phos-
phorus, potassium, riboflavin, and vitamin 
B12 to levels found in fluid dairy milk, 
and not less than 6 grams of protein per 
8-ounce serving) for students who cannot 
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