Reported in Senate — S. 222

Calendar No. 111

119th CONGRESS

1st Session

S. 222

IN THE SENATE OF THE UNITED STATES

January 23, 2025

Mr. Marshall (for himself, Mr. Welch, Mr. McCormick, Mr. Fetterman, Mr. Grassley, Mrs. Gillibrand, Mrs. Hyde-Smith, Mr. King, Mr. Risch, Mr. Crapo, Ms. Ernst, Ms. Slotkin, Ms. Collins, Mr. Moran, Mr. Justice, Mrs. Fischer, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

July 10, 2025

Reported by Mr. Boozman, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program to serve whole milk, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short title

This Act may be cited as the Whole Milk for Healthy Kids Act of 2025.

Sec. 2. Organic or non-organic whole milk permissible

Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended—

(1)

in subparagraph (A)—

(A)

by striking clauses (i) and (ii) and inserting the following:

(i)
shall offer students a variety of fluid milk;
(ii)
may offer students flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk;; and

(B)

in clause (iii), by striking physician and inserting physician, parent, or legal guardian; and

(2)

by adding at the end the following:

(D) Saturated fat
Milk fat included in any fluid milk provided under subparagraph (A) shall not be considered saturated fat for purposes of measuring compliance with the allowable average saturated fat content of a meal under section 210.10 of title 7, Code of Federal Regulations (or successor regulations).

Section 1. Short title

This Act may be cited as the Whole Milk for Healthy Kids Act of 2025.

Sec. 2. Organic or non-organic whole milk permissible

(a) In general

Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended—

(1)

in subparagraph (A)—

(A)

by striking clauses (i) and (ii) and inserting the following:

(i)
shall offer students a variety of fluid milk;
(ii)
may offer students options which may include flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose-free fluid milk, and nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards 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); and; and

(B)

in clause (iii), by striking physician and inserting physician, parent, or legal guardian;

(2)

in subparagraph (C), in the matter preceding clause (i), by striking fluid milk products and inserting products described in subparagraph (A)(ii); and

(3)

by adding at the end the following:

(D) Saturated fat
Milk fat included in any fluid milk provided under subparagraph (A) shall not be considered saturated fat for purposes of measuring compliance with the allowable average saturated fat content of a meal under section 210.10 of title 7, Code of Federal Regulations (or successor regulations).
(E) Application
Subparagraph (B)(ii) is not applicable to a school that offers nondairy beverages under subparagraph (A)(ii).

(b) Conforming amendments

(1)

Section 14(f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762a(f)) is amended in the third sentence by inserting or a nondairy beverage that meets the nutritional standards described in section 9(a)(2)(B) after milk.

(2)

Section 20(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b(c)) is amended by striking patterns and fluid milk requirements and inserting patterns, fluid milk requirements, and nutritional standards for nondairy beverages.

Sec. 3. Including food allergy information in existing training modules for local food service personnel

(a) Food allergy training module

Section 7(g)(2)(B)(iii) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)(2)(B)(iii)) is amended—

(1)

by redesignating subclauses (II) and (III) as subclauses (III) and (IV), respectively; and

(2)

by inserting after subclause (I) the following:

(II)
food allergies, including information on the best practices to prevent, recognize, and respond to food-related allergic reactions;

(b) Certification

Section 7(g)(2)(B)(ii)(II) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)(2)(B)(ii)(II)) is amended by striking clause (i) and inserting clauses (i) and (iii).