Senate passes bill on whole milk, nondairy in school meals

The Senate on Thursday passed S. 222, the Whole Milk For Healthy Kids Act, which will allow schools to serve whole and 2% fat milk as well as dairy-free alternatives with school meals. 

The bill passed by unanimous consent just before senators left for the Thanksgiving break. 

By unanimous consent, the Senate passed the bill as amended.  Its House companion bill was approved by the House Education and Workforce Committee by a vote of 24-10 in February. 

The International Dairy Foods Association said in a news release that the House will consider the Senate bill. 

IDFA President and CEO Michael Dykes said, “The long wait is nearly over! We’re closer than ever to bringing whole milk back to schools!”

National Milk Producers Federation President Gregg Doud said, “Restoring schools’  option to offer whole and reduced-fat milk will mean more school kids will get the essential nutrients they need.”

“This commonsense legislation will help American children get back on solid nutritional footing. We’re grateful that both sides of the aisle can come together and agree on the importance of making informed, science-backed decisions that prioritize the health and future of our children,” Doud said.

But advocates for dairy-free products were just as thrilled that the bill allows schools to offer those alternatives as part of their regular lunchroom options.

Under the legislation, schools will now be required to provide lactose-intolerant kids with a dairy-free beverage — such as soy, oat or almond milk — with a note from a parent, guardian or licensed physician specifying whatever dairy-free beverage should be served to the student, Animal Wellness Action said. 

“Passage of S. 222 as amended will pull the federal government into the modern era, providing options for lactose intolerant kids in K-12 public schools and reducing immense milk wastage from cows selectively bred and bioengineered to produce six times more milk than they did only decades ago,” said Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy.

The dairy industry and the advocates for dairy-free alternatives thanked different senators for promoting the legislation. 

IDFA said “it is deeply grateful” to Sens. Roger Marshall, R-Kan., and Peter Welch, D-Vt., for leading the bill and to Senate Agriculture Committee Chairman John Boozman, R-Ark., and Sen. Amy Klobuchar, D-Minn., for shepherding it through the Senate process.

IDFA also said it looks forward to working with Rep. Glenn “GT” Thompson, R-Pa., who chairs the House Agriculture Committee and sits on the House Education and Workforce Committee, and Rep. Kim Schrier, D-Wash., to get the bill through the House.

“The bipartisan momentum behind this bill is undeniable,” IDFA said.

NMPF thanked Marshall, Welch, Boozman and Klobuchar and also Sens. John Fetterman, D-Pa., and Dave McCormick, R-Pa. 

Animal Wellness Action and the Center for a Humane Economy said they worked with Fetterman and Sens. John Kennedy, R-La., and Cory Booker, D-N.J., to introduce S. 1236, the Freedom in School Cafeterias and Lunches Act, to offer plant-based options.

Reps. Troy Carter, D-La., and Nancy Mace, R-S.C., introduced companion legislation, H.R. 2539, in the House of Representatives.

The groups thanked Sens. Angela Alsobrooks, D-Md., and Raphael Warnock, D-Ga., for their efforts to add a provision in today’s Senate-passed bill explicitly referencing lactose intolerance as a valid basis for requiring schools to offer dairy-free milk.

“While that language was not ultimately included, Sen. Alsobrooks obtained a public commitment from the bill’s sponsors to address the issue in the underlying law,” the groups said. 

Senate Democratic Whip Dick Durbin, D-Ill., and Sen. Deb Fischer, R-Neb., pointed out in a joint news release that the bill includes their bipartisan Protecting Children with Food Allergies Act as an amendment.

Durbin and Fischer said their legislation would ensure school food service staff receive essential training about food allergies, so that they are better equipped to prevent, recognize and respond to food allergic reactions, which can save lives.  

“When parents drop their kids off at school, they should have peace of mind knowing that their children are safe with personnel who are trained to handle their children’s food allergies,” said Durbin.

“Peanuts, eggs, soy, and milk are nutritious, but for some kids, they are allergens that can be deadly. I’m encouraged to see the Senate pass our Protecting Children with Food Allergies Act to ensure that kids will be safe in the event of an allergic reaction.”

“America’s parents have enough on their plate without worrying about whether their kids’ schools can respond to serious allergic reactions,” Fischer said.

“While Nebraska has already led the way as the first state to require schools to stock epinephrine, we need more national solutions to protect our children. I’m grateful for the bipartisan support of our Protecting Children with Food Allergies Act here in the Senate, and I look forward to working with our colleagues in the House to send this bill to the president’s desk,” Fischer said.