(c) Level of commodity assistance; computation of index; calculation of total assistance to each State; emphasis on high protein foods; per meal value of donated foods(1)(A) The national average value of donated foods, or cash payments in lieu thereof, shall be 11 cents, adjusted on July 1, 1982, and each July 1 thereafter to reflect changes in the Price Index for Food Used in Schools and Institutions. The Index shall be computed using 5 major food components in the Bureau of Labor Statistics’ Producer Price Index (cereal and bakery products, meats, poultry and fish, dairy products, processed fruits and vegetables, and fats and oils). Each component shall be weighed using the same relative weight as determined by the Bureau of Labor Statistics.
(B) The value of food assistance for each meal shall be adjusted each July 1 by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year. Such adjustment shall be computed to the nearest ¼ cent.
(C) For each school year, the total commodity assistance or cash in lieu thereof available to a State for the school lunch program shall be calculated by multiplying the number of lunches served in the preceding school year by the rate established by subparagraph (B). After the end of each school year, the Secretary shall reconcile the number of lunches served by schools in each State with the number of lunches served by schools in each State during the preceding school year and increase or reduce subsequent commodity assistance or cash in lieu thereof provided to each State based on such reconciliation.
(D) Among those commodities delivered under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates (which may include domestic seafood commodities and their products).
(E) Notwithstanding any other provision of this section, not less than 75 percent of the assistance provided under this subsection shall be in the form of donated foods for the school lunch program.
(2) To the maximum extent feasible, each State agency shall offer to each school food authority under its jurisdiction that participates in the school lunch program and receives commodities, agricultural commodities and their products, the per meal value of which is not less than the national average value of donated foods established under paragraph (1). Each such offer shall include the full range of such commodities and products that are available from the Secretary to the extent that quantities requested are sufficient to allow efficient delivery to and within the State.
(June 4, 1946, ch. 281, § 6, 60 Stat. 231; Pub. L. 87–823, § 3(b), Oct. 15, 1962, 76 Stat. 945; Pub. L. 90–302, § 2(a), May 8, 1968, 82 Stat. 117; Pub. L. 91–248, § 3, May 14, 1970, 84 Stat. 209; Pub. L. 93–13, § 2, Mar. 30, 1973, 87 Stat. 10; Pub. L. 93–150, § 5, Nov. 7, 1973, 87 Stat. 562; Pub. L. 93–326, § 3, June 30, 1974, 88 Stat. 286; Pub. L. 94–105, §§ 4, 11, Oct. 7, 1975, 89 Stat. 511, 515; Pub. L. 95–166, §§ 5, 7, 10(1), 19(a), Nov. 10, 1977, 91 Stat. 1334–1336, 1345; Pub. L. 95–627, §§ 5(b), 12(a), Nov. 10, 1978, 92 Stat. 3619, 3625; Pub. L. 96–499, title II, § 202(b), Dec. 5, 1980, 94 Stat. 2600; Pub. L. 97–35, title VIII, §§ 802, 819(h), Aug. 13, 1981, 95 Stat. 524, 533; Pub. L. 99–500, title III, §§ 321, 371(c)(2), Oct. 18, 1986, 100 Stat. 1783–360, 1783–369, and Pub. L. 99–591, title III, §§ 321, 371(c)(2), Oct. 30, 1986, 100 Stat. 3341–364, 3341–372; Pub. L. 99–661, div. D, title II, § 4201, title V, § 4501(c)(2), Nov. 14, 1986, 100 Stat. 4071, 4080; Pub. L. 100–237, § 3(j), Jan. 8, 1988, 101 Stat. 1738; Pub. L. 101–147, title I, § 131(a), title III, § 302, Nov. 10, 1989, 103 Stat. 906, 913; Pub. L. 103–448, title I, §§ 101–103, Nov. 2, 1994, 108 Stat. 4700, 4701; Pub. L. 105–336, title I, § 101(a), Oct. 31, 1998, 112 Stat. 3144; Pub. L. 106–170, title IV, § 411, Dec. 17, 1999, 113 Stat. 1917; Pub. L. 106–224, title II, § 241(b), June 20, 2000, 114 Stat. 410; Pub. L. 107–171, title IV, § 4301(a), May 13, 2002, 116 Stat. 330; Pub. L. 111–80, title VII, § 749(a), Oct. 21, 2009, 123 Stat. 2131; Pub. L. 111–296, title IV, § 401, Dec. 13, 2010, 124 Stat. 3259; Pub. L. 113–79, title IV, § 4202, Feb. 7, 2014, 128 Stat. 821; Pub. L. 116–6, div. B, title VII, § 775, Feb. 15, 2019, 133 Stat. 90.)