118 STAT. 772 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(aa) who cannot be present at certifi cation for a reason determined appropriate by the local agency; and ‘‘(bb) for whom all necessary certification information is provided.’’. (c) ADMINISTRATION.— (1) PROCESSING VENDOR APPLICATIONS; PARTICIPANT ACCESS.—Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended— (A) in clause (i) by inserting ‘‘at any of the authorized retail stores under the program’’ after ‘‘the program’’; (B) by redesignating clauses (ii) through (x) as clauses (iii) through (xi), respectively; and (C) by inserting after clause (i) the following: ‘‘(ii) procedures for accepting and processing vendor applica tions outside of the established timeframes if the State agency determines there will be inadequate access to the program, including in a case in which a previously authorized vendor sells a store under circumstances that do not permit timely notification to the State agency of the change in ownership;’’. (2) ALLOWABLE USE OF FUNDS.— (A) IN GENERAL.—Section 17(f)(11) of the Child Nutri tion Act of 1966 (42 U.S.C. 1786(f)(11) is amended— (i) by striking ‘‘(11) The Secretary’’ and inserting the following: ‘‘(11) SUPPLEMENTAL FOODS.— ‘‘(A) IN GENERAL.—The Secretary’’; (ii) in the second sentence, by striking ‘‘To the degree’’ and inserting the following: ‘‘(B) APPROPRIATE CONTENT.—To the degree’’; and (iii) by adding at the end the following: ‘‘(C) ALLOWABLE USE OF FUNDS.—Subject to the avail ability of funds, the Secretary shall award grants to not more than 10 local sites determined by the Secretary to be geographically and culturally representative of State, local, and Indian agencies, to evaluate the feasibility of including fresh, frozen, or canned fruits and vegetables (to be made available through private funds) as an addition to the supplemental foods prescribed under this section. ‘‘(D) REVIEW OF AVAILABLE SUPPLEMENTAL FOODS.— As frequently as determined by the Secretary to be nec essary to reflect the most recent scientific knowledge, the Secretary shall— ‘‘(i) conduct a scientific review of the supplemental foods available under the program; and ‘‘(ii) amend the supplemental foods available, as necessary, to reflect nutrition science, public health concerns, and cultural eating patterns.’’. (B) RULEMAKING.—Not later than 18 months after the date of receiving the review initiated by the National Academy of Sciences, Institute of Medicine in September 2003 of the supplemental foods available for the special supplemental nutrition program for women, infants, and children authorized under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the Secretary shall promul gate a final rule updating the prescribed supplemental foods available through the program. Deadline. 42 USC 1786 note.
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