12 2 STA T . 1 8 8 9PUBLIC LA W 11 0– 2 46—J U NE 18 , 2008 ‘ ‘ SEC.19 . FR ES H FR UITANDV E G ETA BL E P R O GRA M . ‘ ‘ (a)INGE NE RAL.—Forthesc hoo ly ear b e gin ning Ju ly 20 0 8 an d each subse q uent school year , the S ecretary shall p ro v ide grants to States to carry out a progra m to ma k e f ree fresh fruits and vegetables available in elementary schools (referred to in this sec - tion as the ‘program ’ ). ‘‘(b) P R OG RA M .— A school participating in the program shall make free fresh fruits and vegetables available to students through- out the school day (or at such other times as are considered appro- priate by the Secretary) in 1 or more areas designated by the school. ‘‘(c) F U N DI NG T O STATE S .— ‘‘(1) M INIMUM GRANT.— Ex cept as provided in subsection (i)(2), the Secretary shall provide to each of the 5 0 States and the D istrict of C olumbia an annual grant in an amount equal to 1 percent of the funds made available for a year to carry out the program. ‘‘(2) ADDITIONAL F UNDING.— O f the funds remaining after grants are made under paragraph (1), the Secretary shall allo- cate additional funds to each State that is operating a school lunch program under section 4 based on the proportion that— ‘‘(A) the population of the State
bears to ‘‘( B ) the population of the U nited States. ‘‘(d) SELE C TION OF SC H OOLS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2) of this subsection and section 4 3 04(a)(2) of the Food, Conserva- tion, and Energy Act of 2008, each year, in selecting schools to participate in the program, each State shall— ‘‘(A) ensure that each school chosen to participate in the program is a school— ‘‘(i) in w hich not less than 50 percent of the stu- dents are eligible for free or reduced price meals under this Act; and ‘‘(ii) that submits an application in accordance with subparagraph (D); ‘‘(B) to the maximum extent practicable, give the highest priority to schools with the highest proportion of children who are eligible for free or reduced price meals under this Act; ‘‘(C) ensure that each school selected is an elementary school (as defined in section 9 101 of the Elementary and Secondary Education Act of 19 6 5 (20 U.S.C. 7 801)); ‘‘(D) solicit applications from interested schools that include— ‘‘(i) information pertaining to the percentage of students enrolled in the school submitting the applica- tion who are eligible for free or reduced price school lunches under this Act; ‘‘(ii) a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school); ‘‘(iii) a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and Grants.42USC1769 a.
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