I 

111TH CONGRESS 

2D SESSION H. R. 4963 

To amend the child nutrition laws to require that milk served in school 

lunch programs be consistent with the Dietary Guidelines for Americans 

and to expand eligibility for the Special Milk Program, and to establish 

a pilot program providing low-fat cheeses for school breakfast and lunch 

programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2010 

Mr. COURTNEY (for himself, Ms. DELAURO, Mr. HARE, Ms. EDWARDS of 

Maryland, and Mr. YARMUTH) introduced the following bill; which was 

referred to the Committee on Education and Labor 

A BILL 

To amend the child nutrition laws to require that milk served 

in school lunch programs be consistent with the Dietary 

Guidelines for Americans and to expand eligibility for 

the Special Milk Program, and to establish a pilot program providing low-fat cheeses for school breakfast and 

lunch programs, and for other purposes. 

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 ‘‘Healthy Milk and 

5 Dairy Choices in Schools Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) 44 million Americans have low bone mass or 

4 osteoporosis, causing $19 billion in hospital and 

5 nursing home expenses annually. 

6 (2) Adequate calcium intake and weight-bearing 

7 exercise can help build bone mass and prevent debili8 tating fractures. 

9 (3) 98 percent of maximum bone density is 

10 reached by age 20, making it especially important 

11 that children get enough calcium. 

12 (4) The United States Department of Agri13 culture finds that 32 percent of children ages 4 

14 through 8 and 90 percent of girls and 70 percent of 

15 boys ages 9 through 19 do not meet current calcium 

16 recommendations. 

17 (5) Per capita milk consumption in the United 

18 States has been decreasing for 3 decades. Per capita 

19 milk consumption by children fell quickly from 2005 

20 to 2010, and this consumption rate is declining even 

21 more rapidly as these children reach their teenage 

22 years. 

23 (6) Fewer than half of school-age children par24 ticipate in school meal programs. 


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1 (7) 87 percent of schools sell soft drinks, fruit 

2 drinks, and sports drinks on campus through school 

3 meal programs, vending machines, and other means. 

4 SEC. 3. FAT CONTENT OF MILK IN SCHOOL LUNCH PRO5 GRAMS. 

6 Section 9(a)(2)(A)(i) of the Richard B. Russell Na7 tional School Lunch Act (42 U.S.C. 1758(a)(2)(A)(i)) is 

8 amended by inserting ‘‘consistent with the most recent Di9 etary Guidelines for Americans published under section 

10 301 of the National Nutrition Monitoring and Related Re11 search Act of 1990 (7 U.S.C. 5341)’’ before the semicolon. 

12 SEC. 4. EXPANSION OF SPECIAL MILK PROGRAM. 

13 Section 3 of the Child Nutrition Act of 1966 (42 

14 U.S.C. 1772) is amended— 

15 (1) by striking subsection (b); 

16 (2) in subsection (a), by striking paragraph (2) 

17 and redesignating paragraph (1) and paragraphs (3) 

18 through (10) as subsections (a) through (i), respec19 tively; 

20 (3) in subsection (a), as redesignated by para21 graph (2)— 

22 (A) by striking ‘‘, except as provided in 

23 paragraph (2), which do not participate in a 

24 meal service program authorized under this Act 


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1 or the Richard B. Russell National School 

2 Lunch Act,’’; and 

3 (B) by striking ‘‘, which do not participate 

4 in a meal service program authorized under this 

5 Act or the Richard B. Russell National School 

6 Lunch Act’’; and 

7 (4) in subsection (d), as redesignated by para8 graph (2), by striking ‘‘which does not participate in 

9 a meal service program authorized under this Act or 

10 the Richard B. Russell National School Lunch Act’’. 

11 SEC. 5. PILOT PROGRAM PROVIDING LOW-FAT CHEESES 

12 FOR SCHOOL BREAKFAST AND LUNCH PRO13 GRAMS. 

14 (a) IN GENERAL.—During the 3-year period begin15 ning on the date that is not later than 60 days after the 

16 date of the enactment of this Act, the Secretary of Agri17 culture shall purchase low-fat cheeses for use in— 

18 (1) the school lunch program established under 

19 the Richard B. Russell National School Lunch Act 

20 (42 U.S.C. 1751 et seq.); and 

21 (2) the school breakfast program established by 

22 section 4 of the Child Nutrition Act of 1966 (42 

23 U.S.C. 1773). 

24 (b) PURCHASE ADDITIONAL TO COMMODITY DIS25 TRIBUTION PROGRAM.—The low-fat cheeses purchased 


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1 under subsection (a) shall be in addition to commodities 

2 delivered under section 6 of the Richard B. Russell Na3 tional School Lunch Act (42 U.S.C. 1755). 

4 (c) EVALUATION AND REPORT.— 

5 (1) EVALUATION.—The Secretary shall conduct 

6 an evaluation of— 

7 (A) whether children participating in the 

8 school lunch and breakfast programs described 

9 in subsection (a) increased their consumption of 

10 low-fat cheeses during the period described in 

11 subsection (a); 

12 (B) which types of low-fat cheeses are 

13 most appropriate for use in such school lunch 

14 and breakfast programs, and how such cheeses 

15 may best be integrated into such programs; and 

16 (C) such other factors related to increasing 

17 interest in and awareness of low-fat cheeses 

18 among schoolchildren as the Secretary considers 

19 appropriate. 

20 (2) REPORT.—Not later than 90 days after the 

21 conclusion of the 3-year period described in sub22 section (a), the Secretary shall submit to the Com23 mittee on Agriculture, Nutrition, and Forestry of 

24 the Senate and the Committee on Education and 

25 Labor of the House of Representatives a report deVerDate Nov 24 2008 06:45 Mar 27, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4963.IH H4963

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1 scribing the results of the evaluation required by 

2 paragraph (1). 

3 (d) LOW-FAT CHEESE DEFINED.—In this section, 

4 the term ‘‘low-fat cheese’’ means cheese of any type whose 

5 solids contain a percentage of milkfat, to be determined 

6 by the Secretary, that is less than the percentage specified 

7 for such type of cheese in subpart B of part 133 of title 

8 21, Code of Federal Regulations. 

9 SEC. 6. BUDGET NEUTRALITY OFFSET. 

10 Section 6(e)(1)(B) of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended 

12 by striking ‘‘October 1, 2003, and ending September 30, 

13 2009’’ and inserting ‘‘October 1, 2010, and ending Sep14 tember 30, 2016’’. 

Æ 


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