I 

114TH CONGRESS 

1ST SESSION H. R. 2407 

To reverse declining milk consumption in schools. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2015 

Mr. THOMPSON of Pennsylvania (for himself and Mr. COURTNEY) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

A BILL 

To reverse declining milk consumption in schools. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘School Milk Nutrition 

5 Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Dietary Guidelines for Americans rec9 ommend that most school-age children and adoles10 cents consume three servings of milk or other dairy 


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1 foods daily, with two-and-a-half servings rec2 ommended for students younger than nine years. 

3 (2) Most Americans, including most children 

4 and adolescents, consume on average only about half 

5 of the recommended amounts of dairy foods daily. 

6 (3) Milk is a source of many nutrients essential 

7 to health, and is the leading source of nine essential 

8 nutrients in the diets of children and adolescents, in9 cluding three nutrients of public health concern: vi10 tamin D, calcium, and potassium. 

11 (4) Every eight ounces of low-fat and skim milk 

12 provides eight grams of protein. 

13 (5) Dairy foods are associated with improved 

14 bone health, a lower risk of type 2 diabetes, a bene15 ficial or neutral effect on blood pressure, and may 

16 help reduce the risk of cardiovascular disease, coro17 nary heart disease, and stroke. 

18 (6) Throughout the history of school-based Fed19 eral meal programs, milk has been offered with each 

20 meal. 

21 (7) Declines in average daily participation in 

22 the National School Lunch Program may result in 

23 fewer students consuming milk during the school 

24 day. 


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1 (8) Declines in milk consumption in schools 

2 may exceed what would be expected from declines in 

3 average daily participation in the National School 

4 Lunch Program alone. 

5 (9) It is in the public interest to promote the 

6 health of the Nation’s school-age population by en7 couraging and promoting consumption of milk in 

8 schools. 

9 SEC. 3. FLUID MILK. 

10 Section 9(a)(2) of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by 

12 striking subparagraphs (A) and (B) and inserting the fol13 lowing: 

14 ‘‘(A) IN GENERAL.—Lunches served by 

15 schools participating in the school lunch pro16 gram under this Act— 

17 ‘‘(i) shall offer students a variety of 

18 fluid milk. Such milk shall be consistent 

19 with the most recent Dietary Guidelines 

20 for Americans published under section 301 

21 of the National Nutrition Monitoring and 

22 Related Research Act of 1990 (7 U.S.C. 

23 5341); 

24 ‘‘(ii) may offer students flavored and 

25 unflavored fluid milk (including low-fat flaVerDate Sep 11 2014 02:13 May 27, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2407.IH H2407

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1 vored milk that contains no more than 150 

2 calories per 8-ounce serving) and lactose3 free fluid milk; and 

4 ‘‘(iii) shall provide a substitute for 

5 fluid milk for students whose disability re6 stricts their diet, on receipt of a written 

7 statement from a licensed physician that 

8 identifies the disability that restricts the 

9 student’s diet and that specifies the sub10 stitute for fluid milk. 

11 ‘‘(B) SUBSTITUTES.— 

12 ‘‘(i) STANDARDS FOR SUBSTI13 TUTION.—A school may substitute for the 

14 fluid milk provided under subparagraph 

15 (A) a nondairy beverage that is nutrition16 ally equivalent to low-fat fluid milk and 

17 meets nutritional standards established by 

18 the Secretary (which shall, among other re19 quirements to be determined by the Sec20 retary, include fortification of calcium, pro21 tein, vitamin A, vitamin D, magnesium, 

22 phosphorus, potassium, riboflavin, and vi23 tamin B–12) for students who cannot con24 sume fluid milk because of a medical or 


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1 other special dietary need other than a dis2 ability described in subparagraph (A)(iii). 

3 ‘‘(ii) NOTICE.—The substitutions may 

4 be made if the school notifies the State 

5 agency that the school is implementing a 

6 variation allowed under this subparagraph, 

7 and if the substitution is requested by 

8 written statement of a medical authority or 

9 by a student’s parent or legal guardian 

10 that identifies the medical or other special 

11 dietary need that restricts the student’s 

12 diet, except that the school shall not be re13 quired to provide beverages other than bev14 erages the school has identified as accept15 able substitutes. 

16 ‘‘(iii) EXCESS EXPENSES BORNE BY

17 SCHOOL FOOD AUTHORITY.—Expenses in18 curred in providing substitutions under 

19 this subparagraph that are in excess of ex20 penses covered by reimbursements under 

21 this Act shall be paid by the school food 

22 authority.’’. 

23 SEC. 4. FLUID MILK AND COMPETING BEVERAGES. 

24 Section 10(b)(1)(C) of the Child Nutrition Act of 

25 1966 (42 U.S.C. 1779(b)(1)(C)) is amended— 


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1 (1) in clause (i), by striking ‘‘and’’ at the end; 

2 (2) in clause (ii), by striking the period at the 

3 end and inserting ‘‘; and’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(iii) provide that containers of all 

6 beverages sold in schools have the same 

7 maximum volume.’’. 

8 SEC. 5. EVALUATION OF SCHOOL MILK TRENDS. 

9 (a) STUDY.—The Secretary of Agriculture (hereafter 

10 referred to in this Act as ‘‘the Secretary’’) shall carry out 

11 a study of recent trends in fluid milk consumption in 

12 schools, which shall include— 

13 (1) consideration of factors that may adversely 

14 affect consumption, including student preferences 

15 for types of milk, changes in average daily participa16 tion in meal programs, the types of milk offered, 

17 conditions within the school affecting consumption of 

18 milk, and other factors determined to be relevant by 

19 the Secretary; 

20 (2) assessment of each Federal program under 

21 which milk is offered in schools; 

22 (3) review of scientific studies pertinent to 

23 school milk consumption; and 

24 (4) consultation with school food service profes25 sionals, nutritionists, and other scientific experts, 


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1 proprietary and cooperative fluid milk processors, 

2 and national and State research and promotion pro3 grams for fluid milk and dairy products. 

4 (b) REPORT.—Not later than one year after the date 

5 of the enactment of this Act, the Secretary shall submit 

6 to Congress a report that shall— 

7 (1) include the results of the study required 

8 under subsection (a); 

9 (2) include recommendations, if any, for actions 

10 by the Department of Agriculture, the States, 

11 schools, and the private and non-profit sectors to in12 crease milk consumption in schools; and 

13 (3) take into account the work of school-based 

14 nutrition education programs that have been shown 

15 to increase average daily participation in the Na16 tional School Lunch Program, including the Fuel Up 

17 to Play 60 program sponsored by the National Dairy 

18 Council and the National Football League. 

19 SEC. 6. FLUID MILK PROMOTION. 

20 (a) PILOT PROGRAM.—Beginning not later than one 

21 year after the date of the enactment of this Act the Sec22 retary, acting through the Commodity Credit Corporation, 

23 shall carry out a pilot program to test and demonstrate 

24 effective, affordable, and sustainable strategies by which 

25 schools can increase the consumption of fluid milk. 


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1 (b) PROGRAM ELEMENTS.—The pilot program 

2 shall— 

3 (1) provide grants, as determined by the Sec4 retary, that compensate schools participating in the 

5 pilot program for any increased costs resulting from 

6 such participation; 

7 (2) assess the effectiveness of offering milk in 

8 a variety of school venues, which may include break9 fast in the classroom, enhanced products for a la 

10 carte sales, offering products in athletic facilities, 

11 and other venues as determined by the Secretary; 

12 and 

13 (3) assess the effectiveness of improved refrig14 eration, more attractive packaging and merchan15 dising, and additional flavors. 

16 (c) TERMINATION.—The pilot program shall termi17 nate 4 years after the date of the enactment of this Act. 

18 (d) REPORT.—Not later than 5 years after the date 

19 of the enactment of this Act, the Secretary shall submit 

20 a written report to Congress summarizing the findings and 

21 results of the pilot program. 

22 SEC. 7. LACTOSE-FREE MILK. 

23 The Secretary shall, to the extent practicable, make 

24 available to schools lactose-free milk with an extended 

25 shelf life in 8-ounce containers under section 14 of the 


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1 Richard B. Russell National School Lunch Act (42 U.S.C. 

2 1762a). 

3 SEC. 8. MILK CHOICE FOR WOMEN, INFANTS, AND CHIL4 DREN. 

5 Notwithstanding any other provision of law, the Sec6 retary shall allow women participating in the Special Sup7 plemental Nutrition Program for Women, Infants, and 

8 Children under section 17 of the Child Nutrition Act of 

9 1966 (42 U.S.C. 1786) to receive reduced fat (2 percent) 

10 milk for themselves and their children 24-months old and 

11 older in accordance with the amounts prescribed for fluid 

12 milk under section 246.10(e)(10) of title 7, Code of Fed13 eral Regulations, after presentation of a written request 

14 to the Secretary by such participant. 

Æ 


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