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 pro-
gram providing low-fat cheeses for school breakfast and 
lunch programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Milk and 
Dairy Choices in Schools Act of 2010’’. 
VerDate Nov 24 2008 
06:45 Mar 27, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4963.IH
H4963
tjames on DSKG8SOYB1PROD with BILLS
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) 44 million Americans have low bone mass or 
osteoporosis, causing $19 billion in hospital and 
nursing home expenses annually. 
(2) Adequate calcium intake and weight-bearing 
exercise can help build bone mass and prevent debili-
tating fractures. 
(3) 98 percent of maximum bone density is 
reached by age 20, making it especially important 
that children get enough calcium. 
(4) The United States Department of Agri-
culture finds that 32 percent of children ages 4 
through 8 and 90 percent of girls and 70 percent of 
boys ages 9 through 19 do not meet current calcium 
recommendations. 
(5) Per capita milk consumption in the United 
States has been decreasing for 3 decades. Per capita 
milk consumption by children fell quickly from 2005 
to 2010, and this consumption rate is declining even 
more rapidly as these children reach their teenage 
years. 
(6) Fewer than half of school-age children par-
ticipate in school meal programs. 
VerDate Nov 24 2008 
06:45 Mar 27, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4963.IH
H4963
tjames on DSKG8SOYB1PROD with BILLS
(7) 87 percent of schools sell soft drinks, fruit 
drinks, and sports drinks on campus through school 
meal programs, vending machines, and other means. 
SEC. 3. FAT CONTENT OF MILK IN SCHOOL LUNCH PRO-
GRAMS. 
Section 9(a)(2)(A)(i) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(a)(2)(A)(i)) is 
amended by inserting ‘‘consistent with the most recent Di-
etary Guidelines for Americans published under section 
301 of the National Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341)’’ before the semicolon. 
SEC. 4. EXPANSION OF SPECIAL MILK PROGRAM. 
Section 3 of the Child Nutrition Act of 1966 (42 
U.S.C. 1772) is amended— 
(1) by striking subsection (b); 
(2) in subsection (a), by striking paragraph (2) 
and redesignating paragraph (1) and paragraphs (3) 
through (10) as subsections (a) through (i), respec-
tively; 
(3) in subsection (a), as redesignated by para-
graph (2)— 
(A) by striking ‘‘, except as provided in 
paragraph (2), which do not participate in a 
meal service program authorized under this Act 
VerDate Nov 24 2008 
06:45 Mar 27, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4963.IH
H4963
tjames on DSKG8SOYB1PROD with BILLS
or the Richard B. Russell National School 
Lunch Act,’’; and 
(B) by striking ‘‘, which do not participate 
in a meal service program authorized under this 
Act or the Richard B. Russell National School 
Lunch Act’’; and 
(4) in subsection (d), as redesignated by para-
graph (2), by striking ‘‘which does not participate in 
a meal service program authorized under this Act or 
the Richard B. Russell National School Lunch Act’’. 
SEC. 5. PILOT PROGRAM PROVIDING LOW-FAT CHEESES 
FOR SCHOOL BREAKFAST AND LUNCH PRO-
GRAMS. 
(a) IN GENERAL.—During the 3-year period begin-
ning on the date that is not later than 60 days after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall purchase low-fat cheeses for use in— 
(1) the school lunch program established under 
the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.); and 
(2) the school breakfast program established by 
section 4 of the Child Nutrition Act of 1966 (42 
U.S.C. 1773). 
(b) PURCHASE ADDITIONAL
TO COMMODITY DIS-
TRIBUTION PROGRAM.—The low-fat cheeses purchased 
VerDate Nov 24 2008 
06:45 Mar 27, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4963.IH
H4963
tjames on DSKG8SOYB1PROD with BILLS
under subsection (a) shall be in addition to commodities 
delivered under section 6 of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1755). 
(c) EVALUATION AND REPORT.— 
(1) EVALUATION.—The Secretary shall conduct 
an evaluation of— 
(A) whether children participating in the 
school lunch and breakfast programs described 
in subsection (a) increased their consumption of 
low-fat cheeses during the period described in 
subsection (a); 
(B) which types of low-fat cheeses are 
most appropriate for use in such school lunch 
and breakfast programs, and how such cheeses 
may best be integrated into such programs; and 
(C) such other factors related to increasing 
interest in and awareness of low-fat cheeses 
among schoolchildren as the Secretary considers 
appropriate. 
(2) REPORT.—Not later than 90 days after the 
conclusion of the 3-year period described in sub-
section (a), the Secretary shall submit to the Com-
mittee on Agriculture, Nutrition, and Forestry of 
the Senate and the Committee on Education and 
Labor of the House of Representatives a report de-
VerDate Nov 24 2008 
06:45 Mar 27, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4963.IH
H4963
tjames on DSKG8SOYB1PROD with BILLS
scribing the results of the evaluation required by 
paragraph (1). 
(d) LOW-FAT CHEESE DEFINED.—In this section, 
the term ‘‘low-fat cheese’’ means cheese of any type whose 
solids contain a percentage of milkfat, to be determined 
by the Secretary, that is less than the percentage specified 
for such type of cheese in subpart B of part 133 of title 
21, Code of Federal Regulations. 
SEC. 6. BUDGET NEUTRALITY OFFSET. 
Section 6(e)(1)(B) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended 
by striking ‘‘October 1, 2003, and ending September 30, 
2009’’ and inserting ‘‘October 1, 2010, and ending Sep-
tember 30, 2016’’. 
Æ 
VerDate Nov 24 2008 
06:45 Mar 27, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H4963.IH
H4963
tjames on DSKG8SOYB1PROD with BILLS