An Act to Address Student Hunger and Nutrition Through Expanded Access to Free Milk in Schools
Maine Legislature, Session 131, LD 1128
Committee: Education and Cultural Affairs
Sponsors: TIPPING, MILLETT, INGWERSEN, LIBBY, MOORE, RENY, OSHER, WHITE, ZAGER
Amends: 20-A MRSA §6602, 20-A MRSA §6662

Legislative Document
No. 1128
S.P. 465
In Senate, March 9, 2023
An Act to Address Student Hunger and Nutrition Through 
Expanded Access to Free Milk in Schools
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Representative MILLETT of Cape Elizabeth and
Senators: INGWERSEN of York, LIBBY of Cumberland, MOORE of Washington, RENY of 
Lincoln, Representatives: OSHER of Orono, WHITE of Waterville, ZAGER of Portland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, one in 4 children in Maine are at risk of hunger; and
Whereas, recent amendments to the school food service program laws do not 
specifically address the provision of milk to a student who does not receive a lunch through 
a program; and
Whereas, schools have interpreted the amendments to those laws as not including the 
provision of free milk to such students; and
Whereas, some schools have accordingly begun providing free milk to all students 
out of their own budgets while others require these students to purchase milk; and
Whereas, the immediate resolution of this statutory ambiguity is necessary to ensure 
equal treatment of students within Maine schools; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6602, sub-§1-A is enacted to read:
1-A.  Milk.  A public school that participates in the National School Lunch Program 
must provide free milk to a student during the student’s lunch regardless of whether that 
student receives a lunch through that program.  The State shall provide to the public school 
funding equal to the cost of milk for students who do not receive a meal through the 
National School Lunch Program.
Sec. 2.  20-A MRSA §6662, sub-§2, as amended by PL 2011, c. 224, §1, is further 
amended to read:
2.  Food and beverages outside school lunch programs.  The department shall adopt 
rules to establish standards for food and beverages sold or distributed on school grounds 
but outside of school meal programs.  These standards must include maximum portion 
sizes, except for portion sizes for milk, that are consistent with federal school nutrition 
standards.  The rules and standards must also require schools that participate in a school 
lunch program to provide free milk to a student, regardless of whether the student receives 
a lunch through the program or brings a lunch.  Rules adopted pursuant to this subsection 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Rules adopted pursuant to this subsection do not apply to food and beverages sold or 
offered at community events or fund-raisers held outside the hours of the normal school 
day and to products prepared in culinary arts programs provided by career and technical 
schools and programs.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill changes the school food service program laws to require participating public 
schools to provide free milk to all students, regardless of whether they receive a lunch 
through the program or bring their own lunch.  The bill also requires the Department of 
Education's rules and standards about food and beverages outside school lunch programs 
to reflect the requirement for free milk.