42 USC § 1769j - Ensuring safety of school meals

---
identifier: "/us/usc/t42/s1769j"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 1769j - Ensuring safety of school meals"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "1769j"
section_name: "Ensuring safety of school meals"
chapter_number: 13
chapter_name: "SCHOOL LUNCH PROGRAMS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.)"
---


# § 1769j. Ensuring safety of school meals

**(a)** **Food and Nutrition Service** Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall—

**(1)** in consultation with the Administrator of the Agricultural Marketing Service and the Administrator of the Farm Service Agency, develop guidelines to determine the circumstances under which it is appropriate for the Secretary to institute an administrative hold on suspect foods purchased by the Secretary that are being used in school meal programs under this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);

**(2)** work with States to explore ways for the States to increase the timeliness of notification of food recalls to schools and school food authorities;

**(3)** improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States about holds and recalls, such as through the commodity alert system of the Food and Nutrition Service; and

**(4)** establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete information to schools.

**(b)** **Food Safety and Inspection Service** December 13, 2010

Not later than 1 year after , the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and Inspection Service to ensure that schools are included in effectiveness checks.

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**Source Credit**: (June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.)

## Editorial Notes

### References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a)(1), is , , , which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , except as otherwise specifically provided, see , set out as an Effective Date of 2010 Amendment note under .