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. 
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 ‘‘School Milk Nutrition 
Act of 2015’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Dietary Guidelines for Americans rec-
ommend that most school-age children and adoles-
cents consume three servings of milk or other dairy 
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foods daily, with two-and-a-half servings rec-
ommended for students younger than nine years. 
(2) Most Americans, including most children 
and adolescents, consume on average only about half 
of the recommended amounts of dairy foods daily. 
(3) Milk is a source of many nutrients essential 
to health, and is the leading source of nine essential 
nutrients in the diets of children and adolescents, in-
cluding three nutrients of public health concern: vi-
tamin D, calcium, and potassium. 
(4) Every eight ounces of low-fat and skim milk 
provides eight grams of protein. 
(5) Dairy foods are associated with improved 
bone health, a lower risk of type 2 diabetes, a bene-
ficial or neutral effect on blood pressure, and may 
help reduce the risk of cardiovascular disease, coro-
nary heart disease, and stroke. 
(6) Throughout the history of school-based Fed-
eral meal programs, milk has been offered with each 
meal. 
(7) Declines in average daily participation in 
the National School Lunch Program may result in 
fewer students consuming milk during the school 
day. 
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(8) Declines in milk consumption in schools 
may exceed what would be expected from declines in 
average daily participation in the National School 
Lunch Program alone. 
(9) It is in the public interest to promote the 
health of the Nation’s school-age population by en-
couraging and promoting consumption of milk in 
schools. 
SEC. 3. FLUID MILK. 
Section 9(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by 
striking subparagraphs (A) and (B) and inserting the fol-
lowing: 
‘‘(A) IN
GENERAL.—Lunches served by 
schools participating in the school lunch pro-
gram under this Act— 
‘‘(i) shall offer students a variety of 
fluid milk. Such milk shall be consistent 
with the most recent Dietary Guidelines 
for Americans published under section 301 
of the National Nutrition Monitoring and 
Related Research Act of 1990 (7 U.S.C. 
5341); 
‘‘(ii) may offer students flavored and 
unflavored fluid milk (including low-fat fla-
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other special dietary need other than a dis-
ability described in subparagraph (A)(iii). 
‘‘(ii) NOTICE.—The substitutions may 
be made if the school notifies the State 
agency that the school is implementing a 
variation allowed under this subparagraph, 
and if the substitution is requested by 
written statement of a medical authority or 
by a student’s parent or legal guardian 
that identifies the medical or other special 
dietary need that restricts the student’s 
diet, except that the school shall not be re-
quired to provide beverages other than bev-
erages the school has identified as accept-
able substitutes. 
‘‘(iii) EXCESS
EXPENSES
BORNE
BY 
SCHOOL FOOD AUTHORITY.—Expenses in-
curred in providing substitutions under 
this subparagraph that are in excess of ex-
penses covered by reimbursements under 
this Act shall be paid by the school food 
authority.’’. 
SEC. 4. FLUID MILK AND COMPETING BEVERAGES. 
Section 10(b)(1)(C) of the Child Nutrition Act of 
1966 (42 U.S.C. 1779(b)(1)(C)) is amended— 
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(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) provide that containers of all 
beverages sold in schools have the same 
maximum volume.’’. 
SEC. 5. EVALUATION OF SCHOOL MILK TRENDS. 
(a) STUDY.—The Secretary of Agriculture (hereafter 
referred to in this Act as ‘‘the Secretary’’) shall carry out 
a study of recent trends in fluid milk consumption in 
schools, which shall include— 
(1) consideration of factors that may adversely 
affect consumption, including student preferences 
for types of milk, changes in average daily participa-
tion in meal programs, the types of milk offered, 
conditions within the school affecting consumption of 
milk, and other factors determined to be relevant by 
the Secretary; 
(2) assessment of each Federal program under 
which milk is offered in schools; 
(3) review of scientific studies pertinent to 
school milk consumption; and 
(4) consultation with school food service profes-
sionals, nutritionists, and other scientific experts, 
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proprietary and cooperative fluid milk processors, 
and national and State research and promotion pro-
grams for fluid milk and dairy products. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report that shall— 
(1) include the results of the study required 
under subsection (a); 
(2) include recommendations, if any, for actions 
by the Department of Agriculture, the States, 
schools, and the private and non-profit sectors to in-
crease milk consumption in schools; and 
(3) take into account the work of school-based 
nutrition education programs that have been shown 
to increase average daily participation in the Na-
tional School Lunch Program, including the Fuel Up 
to Play 60 program sponsored by the National Dairy 
Council and the National Football League. 
SEC. 6. FLUID MILK PROMOTION. 
(a) PILOT PROGRAM.—Beginning not later than one 
year after the date of the enactment of this Act the Sec-
retary, acting through the Commodity Credit Corporation, 
shall carry out a pilot program to test and demonstrate 
effective, affordable, and sustainable strategies by which 
schools can increase the consumption of fluid milk. 
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(b) PROGRAM
ELEMENTS.—The pilot program 
shall— 
(1) provide grants, as determined by the Sec-
retary, that compensate schools participating in the 
pilot program for any increased costs resulting from 
such participation; 
(2) assess the effectiveness of offering milk in 
a variety of school venues, which may include break-
fast in the classroom, enhanced products for a la 
carte sales, offering products in athletic facilities, 
and other venues as determined by the Secretary; 
and 
(3) assess the effectiveness of improved refrig-
eration, more attractive packaging and merchan-
dising, and additional flavors. 
(c) TERMINATION.—The pilot program shall termi-
nate 4 years after the date of the enactment of this Act. 
(d) REPORT.—Not later than 5 years after the date 
of the enactment of this Act, the Secretary shall submit 
a written report to Congress summarizing the findings and 
results of the pilot program. 
SEC. 7. LACTOSE-FREE MILK. 
The Secretary shall, to the extent practicable, make 
available to schools lactose-free milk with an extended 
shelf life in 8-ounce containers under section 14 of the 
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Richard B. Russell National School Lunch Act (42 U.S.C. 
1762a). 
SEC. 8. MILK CHOICE FOR WOMEN, INFANTS, AND CHIL-
DREN. 
Notwithstanding any other provision of law, the Sec-
retary shall allow women participating in the Special Sup-
plemental Nutrition Program for Women, Infants, and 
Children under section 17 of the Child Nutrition Act of 
1966 (42 U.S.C. 1786) to receive reduced fat (2 percent) 
milk for themselves and their children 24-months old and 
older in accordance with the amounts prescribed for fluid 
milk under section 246.10(e)(10) of title 7, Code of Fed-
eral Regulations, after presentation of a written request 
to the Secretary by such participant. 
Æ 
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