124 STAT. 3220 PUBLIC LAW 111–296—DEC. 13, 2010 SEC. 206. REVENUE FROM NONPROGRAM FOODS SOLD IN SCHOOLS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 205) is amended by adding at the end the following: ‘‘(q) NONPROGRAM FOOD SALES.— ‘‘(1) DEFINITION OF NONPROGRAM FOOD.—In this subsection: ‘‘(A) IN GENERAL.—The term ‘nonprogram food’ means food that is— ‘‘(i) sold in a participating school other than a reimbursable meal provided under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and ‘‘(ii) purchased using funds from the nonprofit school food service account of the school food authority of the school. ‘‘(B) INCLUSION.—The term ‘nonprogram food’ includes food that is sold in competition with a program established under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ‘‘(2) REVENUES.— ‘‘(A) IN GENERAL.—The proportion of total school food service revenue provided by the sale of nonprogram foods to the total revenue of the school food service account shall be equal to or greater than the proportion of total food costs associated with obtaining nonprogram foods to the total costs associated with obtaining program and non- program foods from the account. ‘‘(B) ACCRUAL.—All revenue from the sale of nonpro- gram foods shall accrue to the nonprofit school food service account of a participating school food authority. ‘‘(C) EFFECTIVE DATE.—This subsection shall be effec- tive beginning on July 1, 2011.’’. SEC. 207. REPORTING AND NOTIFICATION OF SCHOOL PERFORMANCE. Section 22 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769c) is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) UNIFIED ACCOUNTABILITY SYSTEM.— ‘‘(1) IN GENERAL.—There shall be a unified system pre- scribed and administered by the Secretary to ensure that local food service authorities participating in the school lunch pro- gram established under this Act and the school breakfast pro- gram established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) comply with those Acts, including compli- ance with— ‘‘(A) the nutritional requirements of section 9(f) of this Act for school lunches; and ‘‘(B) as applicable, the nutritional requirements for school breakfasts under section 4(e)(1) of the Child Nutri- tion Act of 1966 (42 U.S.C. 1773(e)(1)).’’; and (2) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following: ‘‘(A) require that local food service authorities comply with the nutritional requirements described in subpara- graphs (A) and (B) of paragraph (1); ‘‘(B) to the maximum extent practicable, ensure compli- ance through reasonable audits and supervisory assistance reviews;
