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Appendix B
A Selection of Laws and Regulations Governing the National School Lunch Program and School Breakfast Program

Year

Law or Regulation

Outcome

1946

Richard B. Russell National School Lunch Act, P.L. 79-396

Established the National School Lunch Program (NSLP) as a permanent program

1949

Agricultural Act of 1949, Section 416, P.L. 81-439

Granted authority to the Commodity Credit Corporation to donate commodities to various agencies, including the school lunch programs

1966

Child Nutrition Act of 1966, P.L. 89-642

Began the School Breakfast Program (SBP) as a pilot project

1970

National School Lunch and Child Nutrition Act Amendments, P.L. 91-248

Authorized special assistance fund for all schools serving free and reduced-price lunches, established uniform national guidelines to determine eligibility for free and reduced-price meals, and included several other key elements

1973

Definition of “milk,” Federal Register, 38:21777, August 13, 1973

Allowed schools to serve low-fat or skim milk

1975

Amendments to the National School Lunch Act and the Child Nutrition Act, P.L. 94-105

Amended the Child Nutrition Act to make the SBP permanent; mandated offer versus serve (OVS) to reduce food waste in the NSLP

1976

Implementation Rule, Federal Register, 41:23695, June 11, 1976

Dropped butter and fortified margarine as part of the school lunch meal pattern; established OVS in high schools participating in the NSLP

1977

National School Lunch Act and Child Nutrition Amendments P.L. 95-166

Authorized OVS for middle and junior high schools at the discretion of the school food authority



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Appendix B A Selection of Laws and Regulations Governing the National School Lunch Program and School Breakfast Program Year Law or Regulation Outcome 1946 Richard B. Russell National School Established the National School Lunch Program Lunch Act, P.L. 79-396 (NSLP) as a permanent program 1949 Agricultural Act of 1949, Section 416, Granted authority to the Commodity Credit P.L. 81-439 Corporation to donate commodities to various agencies, including the school lunch programs 1966 Child Nutrition Act of 1966, P.L. 89- Began the School Breakfast Program (SBP) as a 642 pilot project Authorized special assistance fund for all schools 1970 National School Lunch and Child serving free and reduced-price lunches, established Nutrition Act Amendments, P.L. 91- uniform national guidelines to determine eligibility 248 for free and reduced-price meals, and included several other key elements 1973 Definition of “milk,” Federal Register, Allowed schools to serve low-fat or skim milk 38:21777, August 13, 1973 1975 Amendments to the National School Amended the Child Nutrition Act to make the SBP Lunch Act and the Child Nutrition Act, permanent; mandated offer versus serve (OVS) to P.L. 94-105 reduce food waste in the NSLP Dropped butter and fortified margarine as part of the 1976 Implementation Rule, Federal Register, school lunch meal pattern; established OVS in high 41:23695, June 11, 1976 schools participating in the NSLP 1977 National School Lunch Act and Child Authorized OVS for middle and junior high schools at the discretion of the school food authority Nutrition Amendments P.L. 95-166 131

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132 NUTRITION STANDARDS AND MEAL REQUIREMENTS Required school lunches to meet one-third of the 1978 Nutritional Requirements (Interim Recommended Dietary Allowances (RDAs) over a Rule), Federal Register, 43:37166, week’s time August 22, 1978 1980 NSLP; Nutritional Requirements (Final Recommended (not required) that schools vary Rule), Federal Register, 45:32502, May portion sizes for four age groups: 1–2 years, 3–4 16, 1980 years, grades kindergarten–3 (ages 5–8), and grades 4–12 (ages 9 years and older); recommended larger portion sizes for grades 7–12; schools allowed to serve one meal pattern for all children in grades 4– 12 1981 Omnibus Reconciliation Act, Created substantial reductions in meal P.L. 97-35 reimbursement rates and commodity assistance; increased the charges to students for reduced-price lunches (from $0.20 to $0.40) and reduced-price breakfasts (from $0.10 to $0.30); expanded OVS to elementary schools and preschools at the discretion of the school food authority 1986 Amendments to the National School Extended the OVS option to school breakfasts Lunch Act and Child Nutrition Act, P.L. 99-591 1988 Amendment of the National School Added three cents to the school breakfast rate Lunch Act, P.L. 100-135 1987 Commodity Distribution and Reform Focused on the quality of commodities and Act, P.L. 100-237 authorized the testing of cash in lieu of commodities or commodity letter of credit 1989 1989 Reauthorization Act, Provided start-up money for the initiation of P.L. 101-147 breakfast programs 1994 Healthy Meals for Healthy Americans Required that the NSLP and the SBP meals meet the Act, P.L. 103-448, Sec.106(b) Dietary Guidelines for Americans as they evolve; requires the use of a variety of meal-planning approaches, including food-based methods Allowed nutrient-based and food-based menu 1995 National School Lunch and School planning; revised the meal pattern by increasing the Breakfast Programs: School Meal quantities of vegetables/fruits and grains and phased Initiatives for Healthy Children (Final out the traditional meal pattern; set nutrition Rule), Federal Register, 60:31188, June standards based on the Dietary Guidelines for 13, 1995 Americans and the 1989 RDAs; established specific minimum standards for key nutrients and calories; established the following age-grade groups: prekindergarten, kindergarten–6, 7–12, optional kindergarten–3

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APPENDIX B 133 1996 Healthy Meals for Children Act of Authorized the use of the traditional meal pattern 1996, P.L.104-149 and any other reasonable approach 1996 Personal Responsibility and Work Required that lunches and breakfasts provide one- Opportunity Reconciliation Act, P.L. third and one-half of RDAs over a week, 104-193 respectively (required by existing program regulation) Authorized pilot programs for universal breakfast 1998 William F. Goodling Child Nutrition programs in some elementary schools and extended Reauthorization Act of 1998, P.L. 105- pilot programs for universal lunch programs and the 336 commodity programs Reinstated traditional food-based menu planning and 2000 National School Lunch Program and School Breakfast Program: Additional established an alternate menu-planning approach, Menu Planning Approaches (Final thus expanding the menu-planning approaches to Rule), Federal Register, 65:26904, May five options 9, 2000 2001 No Child Left Behind Act of 2001, P.L. Reauthorized the McKinney-Vento Homeless 107-110 Assistance Act of 1987; provides homeless children with services comparable to those offered to other children in the school, including school nutrition programs; students are automatically enrolled in the program without submission of applications for free or reduced-price meals 2004 Child Nutrition and WIC Required the Secretary of the Department of Reauthorization Act of 2004, P.L. 108- Agriculture to issue rules with specific serving 265 recommendations to increase the consumption of foods emphasized by the latest Dietary Guidelines for Americans; mandated that local education agencies develop a local wellness policy to enhance the school nutrition environment; permanently authorized the Fruit and Vegetable Program (which is available to a limited number of states and schools and serves the fruits and vegetables outside the school meal programs); mandated that schools offer fluid milk with a variety of fat contents

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