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Unified Agenda 0584-AE03

Child Nutrition Programs: Geographic Preference Option for Procurement of Unprocessed Agricultural Products


The purpose of this final rule is to codify in regulations the implementation of a Child Nutrition Program procurement option made available by Public Law 110-246, the Food, Conservation, and Energy Act of 2008. Section 4302 of Public Law 110-246 amended section 9(j) of the Richard B. Russell National School Lunch Act (NSLA) to allow institutions receiving funds through the Child Nutrition Programs to apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products. This provision applies to operators of all of the Child Nutrition Programs, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program, Child and Adult Care Food Program and Summer Food Service Program, as well as to purchases made for these programs by the Department of Defense. The law also applies to State Agencies making purchases on behalf of any of the aforementioned Child Nutrition Programs. This rulemaking will also define the types of products that would be considered to be unprocessed in accordance with the intent of Congress as expressed in the Joint Explanatory Statement of the Committee of Conference regarding the optional geographic preference procurement provision (09-016).


3 actions from April 19th, 2010 to June 2011

  • April 19th, 2010
  • June 18th, 2010
    • NPRM Comment Period End
  • June 2011
    • Final Action


  • James Herbert
    Regulatory Review Specialist
    Phone 703 305-2572
    10th Floor, 3101 Park Center Drive,
    Alexandria VA 22302

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