118 STAT. 732 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(i) STANDARDS FOR SUBSTITUTION.—A school may substitute for the fluid milk provided under subpara graph (A), a nondairy beverage that is nutritionally equivalent to fluid milk and meets nutritional stand ards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow’s milk) for students who cannot consume fluid milk because of a medical or other special dietary need other than a disability described in subparagraph (A)(iii). ‘‘(ii) NOTICE.—The substitutions may be made if the school notifies the State agency that the school is implementing a variation allowed under this subparagraph, and if the substitution is requested by written statement of a medical authority or by a stu dent’s parent or legal guardian that identifies the med ical or other special dietary need that restricts the student’s diet, except that the school shall not be required to provide beverages other than beverages the school has identified as acceptable substitutes. ‘‘(iii) EXCESS EXPENSES BORNE BY SCHOOL FOOD AUTHORITY.—Expenses incurred in providing substi tutions under this subparagraph that are in excess of expenses covered by reimbursements under this Act shall be paid by the school food authority. ‘‘(C) RESTRICTIONS ON SALE OF MILK PROHIBITED.—A school that participates in the school lunch program under this Act shall not directly or indirectly restrict the sale or marketing of fluid milk products by the school (or by a person approved by the school) at any time or any place— ‘‘(i) on the school premises; or ‘‘(ii) at any school sponsored event.’’. SEC. 103. PROVISION OF INFORMATION. Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended by adding at the end the following: ‘‘(4) PROVISION OF INFORMATION.— ‘‘(A) GUIDANCE.—Prior to the beginning of the school year beginning July 2004, the Secretary shall issue guid ance to States and school food authorities to increase the consumption of foods and food ingredients that are rec ommended for increased serving consumption in the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). ‘‘(B) RULES.—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall promul gate rules, based on the most recent Dietary Guidelines for Americans, that reflect specific recommendations, expressed in serving recommendations, for increased consumption of foods and food ingredients offered in school nutrition programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).’’. Deadline.
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