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The Food, Conservation, and Energy Act of 2008 amended the National School Lunch Act (NSLA) to add section 19, the Fresh Fruit and Vegetable Program (FFVP), 42 USC 1769a. Section 19 establishes the FFVP as a permanent national program in a select number of schools in each State, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. Schools in all States must apply annually in order to receive FFVP funding, and the program prioritizes schools with the highest percentage of children certified as eligible for free and reduced-price school meals. This rule codifies statutory requirements currently established and implemented through program policy and guidance for operators at the State and local level. This rulemaking will impact elementary schools that participate in FFVP, and students enrolled in participating schools. USDA received stakeholder input on this rulemaking through the public comment process on the proposed rule.