118 STAT. 780 PUBLIC LAW 108–265—JUNE 30, 2004 (11)(D)(ii)(I) that provides incentive items or other free mer chandise, except food or merchandise of nominal value (as determined by the Secretary), to program participants unless the vendor provides to the State agency proof that the vendor obtained the incentive items or merchandise at no cost.’’. (f) SPEND FORWARD AUTHORITY.—Section 17(i)(3)(A)(ii)(I) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)(3)(A)(ii)(I)) is amended by striking ‘‘1 percent’’ and inserting ‘‘3 percent’’. (g) MIGRANT AND COMMUNITY HEALTH CENTERS INITIATIVE.— Section 17(j) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(j)) is amended— (1) by striking paragraph (4); and (2) by redesignating paragraph (5) as paragraph (4). (h) FARMERS’ MARKET NUTRITION PROGRAM.— (1) ROADSIDE STANDS.—Section 17(m)(1) of the Child Nutri tion Act of 1966 (42 U.S.C. 1786(m)(1)) is amended by inserting ‘‘and (at the option of a State) roadside stands’’ after ‘‘farmers’ markets’’. (2) MATCHING FUNDS.—Section 17(m)(3) of the Child Nutri tion Act of 1966 (42 U.S.C. 1786(m)(3)) is amended by striking ‘‘total’’ both places it appears and inserting ‘‘administrative’’. (3) BENEFIT VALUE.—Section 17(m)(5)(C)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(5)(C)(ii)) is amended by striking ‘‘$20’’ and inserting ‘‘$30’’. (4) REAUTHORIZATION.—Section 17(m)(9)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(9)(A)) is amended by striking clause (i) and inserting the following: ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2004 through 2009.’’. (i) DEMONSTRATION PROJECT RELATING TO USE OF WIC PRO GRAM FOR IDENTIFICATION AND ENROLLMENT OF CHILDREN IN CER TAIN HEALTH PROGRAMS.— (1) IN GENERAL.—Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by striking subsection (r). (2) CONFORMING AMENDMENT.—Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by striking subsection (p). SEC. 204. LOCAL WELLNESS POLICY. (a) IN GENERAL.—Not later than the first day of the school year beginning after June 30, 2006, each local educational agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for schools under the local educational agency that, at a minimum— (1) includes goals for nutrition education, physical activity, and other school based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate; (2) includes nutrition guidelines selected by the local edu cational agency for all foods available on each school campus under the local educational agency during the school day with 42 USC 1751 note. Deadline.
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