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USDA/FNS RIN: 0584-AE03 Publication ID: Spring 2011 
Title: Child Nutrition Programs: Geographic Preference Option for Procurement of Unprocessed Agricultural Products 
Abstract: The purpose of this final rule is to codify in regulations the implementation of a Child Nutrition Program procurement option made available by Public Law 110-246, the Food, Conservation, and Energy Act of 2008. Section 4302 of Public Law 110-246 amended section 9(j) of the Richard B. Russell National School Lunch Act (NSLA) to allow institutions receiving funds through the Child Nutrition Programs to apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products. This provision applies to operators of all of the Child Nutrition Programs, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program, Child and Adult Care Food Program and Summer Food Service Program, as well as to purchases made for these programs by the Department of Defense. The law also applies to State Agencies making purchases on behalf of any of the aforementioned Child Nutrition Programs. This rulemaking will also define the types of products that would be considered to be unprocessed in accordance with the intent of Congress as expressed in the Joint Explanatory Statement of the Committee of Conference regarding the optional geographic preference procurement provision (09-016). 
Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 110-246   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/19/2010  75 FR 20316   
NPRM Comment Period End  06/18/2010    
Final Action  06/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
James F Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2572
Email: james.herbert@fns.usda.gov