What This Bill Does
This bill changes the rules for the national school lunch program to allow schools to serve whole milk to students. The bill modifies the Richard B. Russell National School Lunch Act to permit both organic and non-organic whole milk options.
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Who It Affects
* Schools participating in the federal school lunch program
* Students in those schools
* The Secretary of Agriculture (the federal official overseeing school lunch rules)
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Key Provisions
* Schools must offer students a variety of fluid milk options, including flavored and unflavored whole milk, reduced-fat milk, low-fat milk, fat-free milk, and lactose-free milk (whether organic or non-organic) (Sec. 2)
* Schools must provide a substitute for milk to students whose medical disability restricts their diet, but only if a licensed physician provides a written statement identifying the disability and specifying what substitute to use (Sec. 2)
* The fat from milk does not count as saturated fat when schools measure whether meals meet federal health standards for saturated fat content (Sec. 2)
* Schools cannot buy or serve milk produced by China state-owned enterprises (Sec. 2)
* The Secretary cannot prevent schools from offering the milk types described in this bill (Sec. 2)
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What Changes
Schools can now serve whole milk to students in the lunch program, whereas current rules may restrict this option. Schools must also exclude milk fat from their saturated fat calculations for meals.
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Important Definitions
None defined in bill text.
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II
Calendar No. 293
118TH CONGRESS
1ST SESSION H. R. 1147
IN THE SENATE OF THE UNITED STATES
DECEMBER 14, 2023
Received; read the first time
DECEMBER 18, 2023
Read the second time and placed on the calendar
AN ACT
To amend the Richard B. Russell National School Lunch
Act to allow schools that participate in the school lunch
program under such Act to serve whole milk.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Whole Milk for
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Healthy Kids Act of 2023’’.
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SEC. 2. ORGANIC OR NON-ORGANIC WHOLE MILK PERMIS-
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SIBLE.
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Section 9(a)(2) of the Richard B. Russell National
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School Lunch Act (42 U.S.C. 1758(a)(2)) is amended—
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HR 1147 PCS
(1) by amending subparagraph (A) to read as
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follows:
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‘‘(A) IN
GENERAL.—Lunches served by
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schools participating in the school lunch pro-
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gram under this Act—
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‘‘(i) shall offer students a variety of
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fluid milk;
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‘‘(ii) may offer students flavored and
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unflavored organic or non-organic whole,
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reduced-fat, low-fat and fat-free fluid milk
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and lactose-free fluid milk; and
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‘‘(iii) shall provide a substitute for
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fluid milk for students whose disability re-
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stricts their diet, on receipt of a written
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statement from a licensed physician that
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identifies the disability that restricts the
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student’s diet and that specifies the sub-
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stitute for fluid milk.’’; and
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(2) by adding at the end the following:
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‘‘(D) SATURATED FAT.—Milk fat included
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in any fluid milk provided under subparagraph
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(A) shall not be considered saturated fat for
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purposes of measuring compliance with the al-
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lowable average saturated fat content of a meal
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HR 1147 PCS
under section 210.10 of title 7, Code of Federal
1
Regulations (or successor regulations).
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‘‘(E) PROHIBITION
ON
CERTAIN
PUR-
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CHASES.—The Secretary shall prohibit schools
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participating in the school lunch program under
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this Act from purchasing or offering milk pro-
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duced by China state-owned enterprises.
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‘‘(F) LIMITATION
ON
AUTHORITY.—The
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Secretary may not prohibit any school partici-
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pating in the school lunch program under this
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Act from offering students the milk described in
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subparagraph (A)(ii).’’.
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Passed the House of Representatives December 13,
2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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Calendar No. 293
118TH CONGRESS
1ST SESSION
H. R. 1147
AN ACT
To amend the Richard B. Russell National School
Lunch Act to allow schools that participate in
the school lunch program under such Act to
serve whole milk.
DECEMBER 18, 2023
Read the second time and placed on the calendar
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