118 STAT. 753 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(ii) is prominently displayed in a clear and under standable format on the container; ‘‘(F) irradiated food products are not commingled in containers with food products that are not irradiated; and ‘‘(G) schools that offer irradiated food products are encouraged to offer alternatives to irradiated food products as part of the meal plan used by the schools.’’. SEC. 119. CHILD AND ADULT CARE FOOD PROGRAM. (a) DEFINITION OF INSTITUTION.— (1) IN GENERAL.—Section 17(a)(2)(B)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B)(i)) is amended by striking ‘‘during’’ and all that follows through ‘‘2004,’’. (2) CONFORMING AMENDMENT.—Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by striking subsection (p). (b) DURATION OF DETERMINATION AS TIER I FAMILY OR GROUP DAY CARE HOME.—Section 17(f)(3)(E)(iii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(E)(iii)) is amended by striking ‘‘3 years’’ and inserting ‘‘5 years’’. (c) AUDITS.—Section 17(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(i)) is amended by striking ‘‘(i) The’’ and inserting the following: ‘‘(i) AUDITS.— ‘‘(1) DISREGARDS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), in con ducting management evaluations, reviews, or audits under this section, the Secretary or a State agency may disregard any overpayment to an institution for a fiscal year if the total overpayment to the institution for the fiscal year does not exceed an amount that is consistent with the disregards allowed in other programs under this Act and recognizes the cost of collecting small claims, as determined by the Secretary. ‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—In carrying out this paragraph, the Secretary and a State agency shall not disregard any overpayment for which there is evidence of a violation of a criminal law or civil fraud law. ‘‘(2) FUNDING.—The’’. (d) DURATION OF AGREEMENTS.—Section 17(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(j)) is amended— (1) by striking ‘‘(j) The’’ and inserting the following: ‘‘(j) AGREEMENTS.— ‘‘(1) IN GENERAL.—The’’; and (2) by adding at the end the following: ‘‘(2) DURATION.—An agreement under paragraph (1) shall remain in effect until terminated by either party to the agree ment.’’. (e) RURAL AREA ELIGIBILITY DETERMINATION FOR DAY CARE HOMES.—Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) (as amended by subsection (a)(2)) is amended by inserting after subsection (o) the following: ‘‘(p) RURAL AREA ELIGIBILITY DETERMINATION FOR DAY CARE HOMES.—
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