12 2 STA T . 112 5PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8section s hal l not b e consi d e r ed to be inco m e or reso u rces f or an yp urposes under any F ederal ,S tate, or local la w.’ ’
and (3) by addin g at the end the following
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‘(d) PROHIB I T IO N ON C O L L EC TION O F S A LE ST A X . —E ach State shall ensure that no State or local ta x is collected within the State on a purchase of food with a benefit distributed under the seniors farmers’ mar k et nutrition program. ‘‘(e) R E GU LATIONS.—The Secretary may promulgate such regula - tions as the Secretary considers to be necessary to carry out the seniors farmers’ market nutrition program.’’. Subti t leC— C h il dN ut r iti ona nd R elated P ro g ra msSEC.4301 . S TA TE P E RFO R M A N CE ON ENRO L L I N G C H IL D REN RECEI V ING PROGRAM B ENEFITS FOR FREE SCHOOL MEALS. (a) I N G ENERAL.— N ot later than D ecember 3 1 , 20 0 8 and J une 30 of each year thereafter, the Secretary shall submit to the Committees on A griculture and Education and L abor of the H ouse of Representati v es and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that assesses the effectiveness of each State in enrolling school-aged children in households receiving program benefits under the Food and Nutrition Act of 2008 ( 7U .S.C. 2011 et se q .) (referred to in this section as ‘‘program benefits’’) for free school meals using direct certification. (b) S P ECIFIC M EASURES.—The assessment of the Secretary of the performance of each State shall include— (1) an estimate of the number of school-aged children, by State, who were members of a household receiving program benefits at any time in July, August, or September of the prior year; (2) an estimate of the number of school-aged children, by State, who were directly certified as eligible for free lunches under the Richard B . Russell National School Lunch Act ( 4 2 U.S.C. 17 5 1 et seq.), based on receipt of program benefits, as of O ctober 1 of the prior year; and (3) an estimate of the number of school-aged children, by State, who were members of a household receiving program benefits at any time in July, August, or September of the prior year who were not candidates for direct certification because on October 1 of the prior year the children attended a school operating under the special assistance provisions of section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 175 9 a(a)(1)) that is not operating in a base year. (c) PERFOR M ANCE INNO V ATIONS.—The report of the Secretary shall describe best practices from States with the best performance or the most improved performance from the previous year. SEC. 430 2 .P U RCHASES OF LOCALL Y PRODUCED FOODS. Section 9( j ) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)) is amended to read as follows: ‘‘(j) PURCHASES OF LOCALL Y PRO D UCED FOODS.—The Secretary shall— Deadlin e .R e ports . 42USC1758 a.
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