118 STAT. 779 PUBLIC LAW 108–265—JUNE 30, 2004 of supplemental foods that are obtained with food instruments; or ‘‘(bb) who are new applicants likely to meet the criteria of item (aa) under criteria approved by the Secretary; and ‘‘(II) that are nonprofit. ‘‘(E) COST CONTAINMENT.—If a State agency elects to authorize any types of vendors described in subparagraph (D)(ii)(I), the State agency shall demonstrate to the Sec retary, and the Secretary shall certify, that the competitive price criteria and allowable reimbursement levels estab lished under this paragraph for vendors described in subparagraph (D)(ii)(I) do not result in average payments per voucher to vendors described in subparagraph (D)(ii)(I) that are higher than average payments per voucher to comparable vendors other than vendors described in subparagraph (D)(ii)(I). ‘‘(F) LIMITATION ON PRIVATE RIGHTS OF ACTION.— Nothing in this paragraph may be construed as creating a private right of action. ‘‘(G) IMPLEMENTATION.—A State agency shall comply with this paragraph not later than 18 months after the date of enactment of this paragraph.’’. (B) CONFORMING AMENDMENT.—Section 17(f)(1)(C)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)(i)) is amended by inserting before the semicolon the following: ‘‘, including a description of the State agency’s vendor peer group system, competitive price criteria, and allowable reimbursement levels that demonstrate that the State is in compliance with the cost containment provisions in sub section (h)(11).’’. (11) IMPOSITION OF COSTS ON RETAIL STORES.—Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended by striking paragraph (12) and inserting the following: ‘‘(12) IMPOSITION OF COSTS ON RETAIL STORES.—The Sec retary may not impose, or allow a State agency to impose, the costs of any equipment, system, or processing required for electronic benefit transfers on any retail store authorized to transact food instruments, as a condition for authorization or participation in the program.’’. (12) UNIVERSAL PRODUCT CODES DATABASE.—Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) (as amended by paragraph (11)) is amended by adding at the end the following: ‘‘(13) UNIVERSAL PRODUCT CODES DATABASE.—The Secretary shall— ‘‘(A) establish a national universal product code data base for use by all State agencies in carrying out the program; and ‘‘(B) make available from appropriated funds such sums as are required for hosting, hardware and software configu ration, and support of the database.’’. (13) INCENTIVE ITEMS.—Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) (as amended by paragraph (12)) is amended by adding at the end the following: ‘‘(14) INCENTIVE ITEMS.—A State agency shall not authorize or make payments to a vendor described in paragraph Deadline. Certification.
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