(b) In order to carry out the program, provided for in subsection (a) of this section, there is hereby authorized to be appropriated not to exceed $1,000,000 annually. The Secretary shall withhold not less than 1 per centum of any funds appropriated under this section and shall expend these funds to carry out research and development projects relevant to the purpose of this section, particularly to develop materials and techniques for the innovative presentation of nutritional information. (42 U.S.C. 1787.)

NUTRITION EDUCATION AND TRAINING

SEC. 19.22 (a) Congress finds that-

(1) the proper nutrition of the Nation's children is a matter of highest priority;

(2) the lack of understanding of the principles of good nutrition and their relationship to health can contribute to a child's rejection of highly nutritious foods and consequent plate waste in school food service operations;

(3) many school food service personnel have not had adequate training in food service management skills and principles, and many teachers and school food service operators have not had adequate training in the fundamentals of nutrition or how to convey this information so as to motivate children to practice sound eating habits;

(4) parents exert a significant influence on children in the development of nutritional habits and lack of nutritional knowledge on the part of parents can have detrimental effects on children's nutritional development; and

(5) there is a need to create opportunities for children to learn about the importance of the principles of good nutrition in their daily lives and how these principles are applied in the school cafeteria.

PURPOSE

(b) It is the purpose of this section to encourage effective dissemination of scientifically valid information to children participating or eligible to participate in the school lunch and related child nutrition programs by establishing a system of grants to State educational agencies for the development of comprehensive nutrition information and education programs. Such nutrition education programs shall fully use as a learning laboratory the school lunch and child nutrition

programs.

DEFINITIONS

(c) For purposes of this section, the term "nutrition information and education program" means a multidisciplinary program by which scientifically valid information about foods and nutrients is imparted in a manner that individuals receiving such information will under

22 This section was added by P.L. 95--166, 91 Stat. 1340, Nov. 10, 1977.

stand the principles of nutrition and seek to maximize their wellbeing through food consumption practices. Nutrition education programs shall include, but not be limited to, (A) instructing students with regard to the nutritional value of foods and the relationship between food and human health; (B) training school food service personnel in the principles and practices of food service management; (C) instructing teachers in sound principles of nutrition education; and (D) developing and using classroom materials and curricula.

NUTRITION INFORMATION AND TRAINING

(d) (1) The Secretary is authorized to formulate and carry out & nutrition information and education program, through a system of grants to State educational agencies, to provide for (A) the nutritional training of educational and food service personnel, (B) the food service management training of school food service personnel, and (C) the conduct of nutrition education activities in schools and child care institutions.

(2) The program is to be coordinated at the State level with other nutrition activities conducted by education, health, and State Cooperative Extension Service agencies. In formulating the program, the Secretary and the State may solicit the advice and recommendations of the National Advisory Council on Child Nutrition; State educational agencies; the Department of Health, Education, and Welfare; and other interested groups and individuals concerned with improvement of child nutrition.

(3) If a State educational agency is conducting or applying to conduct a health education program which includes a school-related nutrition education component as defined by the Secretary, and that health education program is eligible for funds under programs administered by the Department of Health, Education, and Welfare, the Secretary may make funds authorized in this section available to the Department of Health, Education, and Welfare to fund the nutrition education component of the State program without requiring an additional grant application.

(4) The Secretary, in carrying out the provisions of this subsection, shall make grants to State educational agencies who, in turn, may contract with land-grant colleges eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503, as amended; 7 U.S.C. 301-305, 307, and 308), or the Act of August 30, 1890 (26 Stat. 417, as amended; 7 U.S.C. 321-326 and 328), including the Tuskegee Institute, other institutions of higher education, and nonprofit organizations and agencies, for the training of educational and school food service personnel with respect to providing nutrition education programs in schools and the training of school food service personnel in school food service management. Such grants may be used to develop and conduct training programs for early childhood, elementary, and secondary educational personnel and food service personnel with respect to the relationship between food, nutrition, and health; educational methods and techniques, and issues relating to nutrition educa

tion; and principles and skills of food service management cafeteria personnel.

(5) The State, in carrying out the provisions of this subsecti may contract with State and local educational agencies, land-gr colleges eligible to receive funds under the Act of July 2, 1862 Stat. 503, as amended; 7 U.S.C. 301-305, 307, and 308), or the act August 30, 1890 (26 Stat. 417, as amended; 7 U.S.C. 321-326 a 328), including the Tuskegee Institute, other institutions of hig education, and other public or private nonprofit educational or search agencies, institutions, or organizations to pay the cost of pi demonstration projects in elementary and secondary schools with spect to nutrition education. Such projects may include, but are limited to, projects for the development, demonstration, testing, a evaluation of curricula for use in early childhood, elementary, a secondary education programs.

(6) Notwithstanding any other provision of this section, if, in a State, the State educational agency is prohibited by law from adm istering the program authorized by this section in nonprofit priv schools and institutions, the Secretary may administer the progr with respect to such schools and institutions.

AGREEMENTS WITH STATE AGENCIES

(e) The Secretary is authorized to enter into agreements w State educational agencies incorporating the provisions of this s tion, and issue such regulations as are necessary to implement t section.

USE OF FUNDS

(f) (1) The funds made available under this section may, und guidelines established by the Secretary, be used by State education agencies for (A) employing a nutrition education specialist to coor nate the program, including travel and related personnel costs; ( undertaking an assessment of the nutrition education needs of t State; (C) developing a State plan of operation and management nutrition education; (D) applying for and carrying out planning a assessment grants; (E) pilot projects and related purposes; (F) t planning, development, and conduct of nutrition education progra and workshops for food service and educational personnel; (G) co dinating and promoting nutrition information and education acti ties in local school districts (incorporating, to the maximum exte practicable, as a learning laboratory, the child nutrition program: (H) contracting with public and private nonprofit educational ins tutions for the conduct of nutrition education instruction and p grams relating to the purposes of this section; and (I) related nut tion education purposes, including the preparation, testing, distril tion, and evaluation of visual aids and other informational a educational materials.

(2) Any State desiring to receive grants authorized by this secti may, from the funds appropriated to carry out this section, recei

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1 planning and assessment grant for the purposes of carrying out the responsibilities described in clauses (A), (B), (C), and (D) of paragraph (1) of this subsection. Any State receiving a planning and Assessment grant, may, during the first year of participation, be advanced a portion of the funds necessary to carry out such responsiilities: Provided, That in order to receive additional funding, the State must carry out such responsibilities.

(3) An amount not to exceed 15 percent of each State's grant may e used for up to 50 percent of the expenditures for overall adminstrative and supervisory purposes in connection with the program uthorized under this section.

(4) Nothing in this section shall prohibit State or local educaional agencies from making available or distributing to adults nutriion education materials, resources, activities, or programs authorized Inder this section.

ACCOUNTS, RECORDS, AND REPORTS

(g) (1) State educational agencies participating in programs under his section shall keep such accounts and records as may be necessary o enable the Secretary to determine whether there has been complince with this section and the regulations issued hereunder. Such ccounts and records shall at all times be available for inspection and udit by representatives of the Secretary and shall be preserved for uch period of time, not in excess of five years, as the Secretary deternines to be necessary.

STATE COORDINATORS FOR NUTRITION; STATE PLAN

(h) (1) In order to be eligible for assistance under this section, State shall appoint a nutrition education specialist to serve as a State coordinator for school nutrition education. It shall be the reponsibility of the State coordinator to make an assessment of the utrition education needs in the State as provided in paragraph (2) of this subsection, prepare a State plan as provided in paragraph (3) f this subsection, and coordinate programs under this Act with all ther nutrition education programs provided by the State with Fedral or State funds.

(2) Upon receipt of funds authorized by this section, the State oordinator shall prepare an itemized budget and assess the nutrition ducation needs of the State. Such assessment shall include, but not e limited to, the identification and location of all students in need. f nutrition education. The assessment shall also identify State and ocal individual, group, and institutional resources within the State or materials, facilities, staffs, and methods related to nutrition ducation.

(3) Within nine months after the award of the planning and asessment grant, the State coordinator shall develop, prepare, and urnish the Secretary, for approval, a comprehensive plan for nutriion education within such State. The Secretary shall act on such plan ot later than sixty days after it is received. Each such plan shall

describe (A) the findings of the nutrition education needs assessment within the State; (B) provisions for coordinating the nutrition education program carried out with funds made available under this section with any related publicly supported programs being carried out within the State; (C) plans for soliciting the advice and recommendations of the National Advisory Council on Child Nutrition, the State educational agency, interested teachers, food nutrition professionals and paraprofessionals, school food service personnel, administrators, representatives from consumer groups, parents, and other individuals concerned with the improvement of child nutrition; (D) plans for reaching all students in the State with instruction in the nutritional value of foods and the relationships among food, nutrition, and health, for training food service personnel in the principles and skills of food service management, and for instructing teachers in sound principles of nutrition education; and (E) plans for using, on a priority basis, the resources of the land-grant colleges eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503: 7 U.S.C. 301-305, 307, and 308), or the Act of August 30, 1890 (26 Stat. 417, as amended; 7 U.S.C. 321-326 and 328), including the Tuskegee Institute. To the maximum extent practicable, the State's performance under such plan shall be reviewed and evaluated by the Secretary on a regular basis, including the use of public hearings.

APPROPRIATIONS AUTHORIZED

(j) [sic] (1) For the fiscal years beginning October 1, 1977, and October 1, 1978, grants to the States for the conduct of nutrition education and information programs shall be based on a rate of 50 cents for each child enrolled in schools or in institutions within the State. except that no State shall receive an amount less than $75,000 per year.

(2) For the fiscal year beginning October 1, 1979, there is hereby authorized to be appropriated for grants to each State for the conduct of nutrition education and information programs, an amount equal to the higher of (A) 50 cents for each child enrolled in schools or in institutions within each State, or (B) $75,000 for each State. Grants to each State from such appropriations shall be based on a rate of 50 cents for each child enrolled in schools or in institutions within such State, except that no State shall receive an amount less than $75,000 for that year. If funds appropriated for such year are insufficient to pay the amount to which each State is entitled under the preceding sentence, the amount of such grant shall be ratably reduced to the extent necessary so that the total of such amounts paid does not exceed the amount of appropriated funds. If additional funds become available for making such payments, such amounts shall be increased on the same basis as they were reduced.

(3) Enrollment data used for purposes of this subsection shall be the latest available as certified by the Office of Education of the Department of Health, Education, and Welfare. (42 U.S.C. 1788.)