I 

118TH CONGRESS 

1ST SESSION H. R. 5383 

To amend the Child Nutrition Act of 1966 to allow certain participants 

in the special supplemental nutrition program for women, infants, and 

children to elect to be issued a variety of types of milk, including 

whole milk, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2023 

Mr. THOMPSON of Pennsylvania (for himself and Ms. SPANBERGER) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Child Nutrition Act of 1966 to allow certain 

participants in the special supplemental nutrition program for women, infants, and children to elect to be 

issued a variety of types of milk, including whole milk, 

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 ‘‘Giving Increased Vari5 ety to Ensure Milk Into the Lives of Kids Act’’ or the 

6 ‘‘GIVE MILK Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Most Americans, including most children 

4 and adolescents, do not consume adequate levels of 

5 dairy, on average consuming only about half of the 

6 recommended amounts of dairy foods daily. 

7 (2) Milk is a source of many nutrients essential 

8 to health, and is the leading source of calcium, vita9 min D, potassium, and phosphorus for children ages 

10 2–18 and is a source of thirteen essential nutrients 

11 (calcium, phosphorus, vitamin A, vitamin D (in for12 tified products), riboflavin, niacin, vitamin B12, pro13 tein, potassium, zinc, choline, magnesium, and sele14 nium) in the diets of children and adolescents, in15 cluding three nutrients of public health concern: vi16 tamin D, calcium, and potassium. 

17 (3) Dairy foods are associated with improved 

18 bone health, a lower risk of type 2 diabetes, a bene19 ficial or neutral effect on blood pressure, and may 

20 help reduce the risk of cardiovascular disease, coro21 nary heart disease, and stroke. 

22 (4) In a September 2019 report on beverage 

23 recommendations for early childhood, the Academy 

24 of Nutrition and Dietetics, American Academy of 

25 Pediatric Dentists, American Academy of Pediatrics, 

26 and the American Heart Association found that— 


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•HR 5383 IH

1 (A) medical professionals are in agreement 

2 that whole milk is good for childhood develop3 ment between ages one and two; 

4 (B) skim and low-fat milk are rec5 ommended for young children; 

6 (C) plant-based, non-dairy milks are not 

7 recommended for young children; and 

8 (D) an expert panel under the study recog9 nized that there has been recent research and 

10 discussion regarding the role of dairy fat in 

11 healthy dietary patterns but in the absence of 

12 clear evidence justifying a departure from cur13 rent recommendations, such expert panel chose 

14 to remain consistent with current guidance rec15 ommending whole milk for most children ages 

16 12–24 months and fat-free (skim) or low-fat (1 

17 percent) milk for children ages 2 years and 

18 older. 

19 (5) The 2020 through 2025 Dietary Guidelines 

20 for Americans recommendation of the number of 

21 dairy servings for young children is— 

22 (A) 1.5 to 2 servings for 12 to 23 months; 

23 and 

24 (B) 2 to 2.5 servings for 2 to 4 years. 


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1 SEC. 3. WIC ELECTION FOR TYPE OF MILK. 

2 (a) ELECTION FOR TYPE OF MILK.—Section 17(f) 

3 of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)) 

4 is amended by adding at the end the following: 

5 ‘‘(27) ELECTION FOR TYPE OF MILK.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding any 

7 other provision of law, in the case of an indi8 vidual participating in the program authorized 

9 by this section who is issued milk by the Sec10 retary, such individual (or the parent or guard11 ian of such individual) may elect to be issued 

12 nonfat milk, low-fat milk, reduced fat milk, or 

13 whole milk. 

14 ‘‘(B) ELECTION.—The Secretary shall 

15 issue the type of milk elected by an individual 

16 under subparagraph (A) to such individual.’’. 

17 (b) REVISION OF REGULATIONS.—The Secretary of 

18 Agriculture shall revise regulations in accordance with the 

19 amendments made by this section, including revision of 

20 section 246.10 of title 7, Code of Federal Regulations. 

Æ 


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