Whole Milk Bill Signed Into Law

LOS ANGELES (DTN) -- Dairy groups rejoiced as President Donald Trump on Wednesday signed the Whole Milk for Health Kids Act into law.

The legislation allows schools to serve full-fat milk as well as low-fat and no-fat milk, but it also eases access to plant-based alternatives and includes the Protecting Children with Food Allergies Act, ensuring school food service staff receive essential training about food allergies, so they are better equipped to prevent, recognize, and respond to food allergic reactions.

Whole milk has 3.25% milk fat and a cup contains 150 calories, while 2% milk has 2% milkfat and 120 calories. Under the Healthy Hunger-Free Kids Act, the Obama administration developed a rule banning whole milk on the grounds that children's calories from fat should be restricted. But milk consumption in the schools has gone down and the dairy industry has worked for years to bring whole milk back to the schools.

USDA noted the legislation "advances the Trump administration's agenda and aligns with the Dietary Guidelines for Americans, 2025-2030, released last week, which reintroduced full-fat dairy as part of a healthy dietary pattern." USDA launched a campaign this week to "Drink Whole Milk."

National Milk Producers Federation President and CEO Gregg Doud said, "Dairy farmers and their cooperatives couldn't be more thrilled that whole and 2% milk are returning to school meals. Dairy is a nutrition powerhouse that should be used to its fullest potential -- and that means making it available in the same varieties families consume at home."

Michael Dykes, president and CEO of International Dairy Foods Association (IDFA), which represents dairy processors, said, "The long wait is over! Whole milk is coming back to schools! This law is a win for our children, parents, and school nutrition leaders, giving schools the flexibility to offer the flavored and unflavored milk options, across all healthy fat levels, that meet students' needs and preferences."

The National School Lunch Program serves nearly 30 million children daily, and allowing sales of whole milk is expected to boost fluid milk sales.

The bill passed the Senate on Nov. 21 and the House on Dec. 15, but House Agriculture Committee Chairman Glenn "GT" Thompson, R-Pa., told reporters at the American Farm Bureau Federation convention in Anaheim, California, he had urged Trump not to sign the bill until he could hold a separate signing ceremony rather than sign it without fanfare. Thompson, who is a member of the House Education and the Workforce Committee, which has jurisdiction over school meals, said he had worked on the bill for 15 years and the time it took shows term limits for members of Congress is a bad idea.

Rep. Kim Schrier, D-Wash., a medical doctor who also serves on both the Education & Workforce Committee and the Agriculture Committee, co-sponsored the legislation with Thompson.

"Ensuring that our children have access to a healthy diet is fundamental to their physical growth, academic performance, and overall well-being, and can set the foundation for lifelong healthy eating habits," Schrier said. "Milk is a significant part of many children's diets and contains essential nutrients that keep them full and healthy. This bill will improve children's nutrition by allowing schools to provide the types of milk most kids prefer to drink, and I'm eager to see this legislation signed into law."

House Education and the Workforce Committee Chairman Tim Walberg R-Mich., said, "This notion that whole milk consumption is linked to childhood obesity is deeply flawed. In fact, many school children are at risk of dairy underconsumption -- not overconsumption. Whole milk is a preferred choice that provides essential nutrients that support healthy growth and developing minds. I'm glad to see this administration taking steps to align nutrition standards with what modern science and research clearly show."

Senate Agriculture Committee Chairman John Boozman, R-Ark., whose committee has jurisdiction over school meals in the Senate, said, "Today is a milestone for the health and well-being of children nationwide. The Whole Milk for Healthy Kids Act ensures whole and reduced-fat milk choices return to school lunch programs alongside low-fat and fat-free options."

Animal Wellness Action and the Center for a Humane Economy noted that the bill will allow schools to offer soy milk as part of their regular offerings and require schools to provide a nutritionally sound nondairy beverage to lactose-intolerant students with a note from a parent, guardian, or licensed physician.

Rep. Troy Carter, D-La., introduced the nondairy alternative provisions in a bill called the Freedom in the School Cafeterias and Lunches (FISCAL) Act, along with Rep. Nancy Mace, R-S.C., while Sens. John Fetterman, D-Pa., John Kennedy, R-La., and Cory Booker, D-N.J., introduced a companion bill in the Senate.

Carter said Wednesday, "It is abundantly clear that the current milk substitute system that USDA employs is delivering detrimental impacts on students, especially for students of color who are much more likely to be lactose intolerant. Too many children who cannot safely or comfortably consume dairy are forced to accept containers of cow's milk on their lunch trays. My wife and children are all lactose intolerant, so I know just how uncomfortable consuming dairy milk can be for someone who cannot process it."

Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy, said, "After its 80-year run, the cow's milk mandate in the National School Lunch Program is over and kids will finally have the choice of selecting a nutritious beverage that they can safely consume. With perhaps 40% of kids in the lunch program showing some degree of lactose intolerance, the long-standing federal policy put millions of kids in a terrible position -- drink a beverage that makes them ill or go without any drink and toss the milk in the trash."

Sen. Dick Durbin, D-Ill., a cosponsor of the allergy provision, said, "When parents drop their kids off at school, they should have peace of mind knowing that their children are safe with personnel who are trained to handle their children's food allergies. I'm pleased that our bipartisan Protecting Children with Food Allergies Act earned the support of both chambers of Congress and the White House. Its enactment will ensure that kids will be safer in the event of an allergic reaction."

Sen. Deb Fischer, R-Neb., cosponsor of the allergy provision, said, "I'm grateful President Trump signed our bipartisan, commonsense Protecting Children with Food Allergies Act into law. Now, parents can have the peace of mind knowing that school food service personnel nationwide will know how to respond if a student experiences a serious allergic reaction."

DTN Ag Policy Editor Chris Clayton contributed to this report.

Jerry Hagstrom can be reached at jhagstrom@nationaljournal.com

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