[Congressional Record Volume 171, Number 196 (Thursday, November 20, 2025)]
[Senate]
[Pages S8259-S8261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WHOLE MILK FOR HEALTHY KIDS ACT OF 2025
Mr. MARSHALL. Mr. President, before I start talking today, I just
want to pause for a moment to take a quick drink of the most
nutritious, delicious drink known to humankind. So here is to healthy
bones and here is to all the hard-working dairy farmers across Kansas
and across America.
This summer, the Senate Agriculture Committee worked together to pass
this legislation through the committee on a bipartisan basis. Special
thanks to our chairman and to our ranking member for working on this
with us.
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This bill will allow for whole and reduced milk, as well as
nutritionally equivalent nondairy options, to be served in schools.
This corrects a decades-old policy made here in Congress that
consequently created over 10 years of kids without having access to
whole milk in schools and, indeed, created a whole generation of young
Americans with weak bones.
Passing the Whole Milk for Health Kids Act through the Senate is a
huge win for schools, for students, for parents, and for American dairy
farmers. We are giving students more choices, schools more flexibility,
and ensuring a brighter future for our farmers.
Whole milk delivers 13 essential nutrients and has enough fat content
to help students absorb vitamins like A, D, E, and K. It is also packed
with protein that helps keep the student full all the way through those
long afternoon math classes and then on through gym and on through
their sports activities, until they get home at night for dinner.
Simply put, it is one of the healthiest--it is the healthiest--option
in the cafeteria.
Bringing whole milk and nutritionally equivalent beverages to schools
would help fight early onset osteoporosis, osteopenia, and other diet-
related diseases by providing students with critical nutrients--
nutrients like calcium, potassium, and vitamin D--that we are all
lacking today.
It strengthens bones. It helps your immune system. It builds healthy
habits, and it tastes great.
As the grandson of a dairy farmer, as an OB-GYN for over 30 years, it
may seem like I am a bit biased, but I assure you this legislation is a
slam-dunk solution for our Nation.
Of course, there is always room to improve our public health, and I
look forward to working with our colleagues who, I understand, also
have a few thoughts on this legislation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. WELCH. Mr. President, I want to thank my colleague the Senator
from Kansas, and I wanted to join him in drinking a glass of whole
milk. My only regret is it is not Vermont milk, but I have got to tell
you the best milk is made in Vermont.
Thank you very much.
As the Senator was saying, this is a very serious thing in two ways.
No. 1, we have to have good nutrition for our kids, and the Senator
from Kansas has outlined why milk is so good.
Of course, I remember growing up and going to grammar school, and I
looked forward to milk. We had milk breaks, and it made a difference to
pay attention in those afternoon classes and to be active in your
sports activities right after that.
The second reason is that the dairy farming industry is not so much
an industry as it is a way of life, and in Vermont, the hardest working
people we have are our dairy farmers. It is a hard, hard job, but it is
one where families have done it from generation to generation.
There is enormous pride in being custodians of the landscape and
caring for the animals and the herd, and in providing nutritious milk
for the community. And there is a lot of pressure on our farmers. This
whole milk bill is an acknowledgment of the extraordinary contribution
that the dairy farmers in the State of Vermont make to the entire State
of Vermont and that the dairy farmers in America make to all of
America, including, of course, those wonderful dairy farmers in the
great State of Kansas.
Now, on this bill, we have had incredible cooperation from our
Senators, who have raised a very important concern: Some people are
lactose intolerant. They can't drink milk. And the way the legislation
was written--but, actually, because of something that went back to the
Truman years--there is some suggestion that is a disability.
I want to thank Senator Alsobrooks, who is here, for bringing this to
our attention, along with Senator Warnock, in working with us to try to
get through this so that there is no question about this being a
``disability.'' This is about folks who can drink milk having access to
milk, and it is about honoring our dairy farmers for the work that they
do.
I am really happy to be here with my colleague. I understand Senator
Alsobrooks may have some questions, and I will yield to her for that
purpose.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. ALSOBROOKS. Mr. President, I thank Senator Welch and Senator
Marshall and my colleagues who are here today and all the members of
the Senate Agriculture Committee for their bipartisan work on this
legislation.
This legislation rightfully provides more options for parents,
students, and teachers, which will benefit our children and their
families. Specifically, this legislation will allow schools to provide
whole milk, but it also makes it easier for parents to request that
their child be provided with a milk alternative, if their child suffers
from lactose intolerance.
I do, however, remain concerned about the continued classification of
lactose intolerance as a disability. I want to be clear that this issue
predates the Whole Milk for Healthy Kids Act, and the bill does not
create this problem.
Lactose intolerance of some degree affects more than 50 percent of
the population. The classification of lactose intolerance as a
disability can cause confusion for parents, who would not refer to
their lactose intolerant child as having a disability, especially given
the high prevalence of lactose intolerance. So they may not realize
that they can write a letter asking for their child's school to provide
a milk alternative, and it creates an undue stigma.
I want to thank my colleagues and their teams for their receptiveness
to my concerns.
I especially want to say thank you so much to Senator Welch and also
to Senator Marshall, and for the discussions that we and our teams have
had around them.
After those discussions, I understand why my colleagues prefer not to
use the Whole Milk for Healthy Kids Act as the vehicle to address these
concerns, and therefore, I agreed to lift my hold on the bill in
exchange for a commitment from my colleagues to work with me to find an
appropriate legislative solution to address this longstanding problem.
Again, I want to thank my colleagues and the members of the Senate
Agriculture Committee for their work on this bill that ensures that
schools will provide healthy milk and milk alternative options for our
children.
I look forward to working with you to further support the children
and families in all of our States.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. WELCH. Mr. President, I want to thank Senator Alsobrooks, as
usual she is right, and there are two points. One is we want to make
certain that the parents have the ability, on behalf of their children,
to choose an alternative that is best for their kids. So this is not
about forcing people to drink milk or depriving parents of the
responsibility and power they have to make certain that their kids are
healthy. So thank you so much, Senator Alsobrooks, for that.
And then, secondly, the lactose intolerance point the Senator makes
is valid, and that is why I am enthusiastically looking forward to
working with her, so we make certain there is no stigma associated with
a person who is lactose intolerant.
So thank you so much for your cooperation on this, Senator, and you
have my commitment to work with you to try to resolve what is an
anomaly and shouldn't be there.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arkansas.
Mr. BOOZMAN. Mr. President, I am proud to join my colleagues in
emphasizing the importance of whole milk in a healthy school lunch and
taking Senate action to ensure a balanced diet for school-age children.
I rise today in support of S. 222, the Whole Milk for Healthy Kids
Act. This legislation, as we discussed, would allow for schools
participating in the National School Lunch Program to, once again,
offer whole and reduced-fat milk while also expanding the options for
nutritious nondairy beverages.
The good news is, this legislation has support in the Senate and was
unanimously reported out of the Senate Agriculture Committee earlier
this year. My main message today is to thank Senators Marshall and
Welch along
[[Page S8261]]
with Senator McCormick and Fetterman for leading the bipartisan
legislation and championing policies that promote a balanced diet and
increased dairy consumption for students, something dietary experts who
testified before the Ag Committee agree is important to their long-term
health.
I also appreciate the interest of my colleagues who want to ensure
these changes support their constituents, and I look forward to
continuing work to secure that result.
I also want to thank Senator Alsobrooks for engaging in a very
constructive way regarding the bill, and I look forward to continuing
to work with her to try and figure out how we can go forward and deal
with the comments that she has made or concerns that she has made. I
was on the school board for 7 years, and these things are important.
Labels are very, very important, so we appreciate you.
I am proud to share a commitment also with her in supporting school
meals and to lead the committee in making commonsense updates to
strengthen children's capabilities in and out of the classroom. I look
forward to continuing our work in the Senate to make sure perspectives
and concerns of constituents from Maryland are considered.
Finally, I want to recognize Paul Bleiberg, whose tireless advocacy
on behalf of the American dairy farmers helped to ensure this important
legislation progressed through the U.S. Senate. I look forward to
moving this bill across the finish line in the Senate, and I am hopeful
our colleagues in the House can build on this momentum.
Again, thank you, guys, so much for all of your work, your
collaboration. This is how this place ought to work, and you are a
great example of that.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MARSHALL. Mr. President, before we wrap up this Whole Milk for
Healthy Kids Act, I just want to go back over a couple things as well.
Senator Welch, it is always a pleasure to work with you. Whether we are
trying to connect high-speed internet or give milk to schools, it is
always a joy. I appreciate your hard work and greatly appreciate your
staff and my staff as well. I think our staff never gets enough credit.
They did all the heavy lifting--the chairman and ranking member, of
course, and their staff, and the Ag Committee's staff as well.
Senator Alsobrooks, thank you so much for coming down this morning
and educating me on this disability issue as well. And I see the
Senator from New Mexico Mr. Lujan is here as well and is also engaged
in this effort, and we appreciate his support and many, many, many
others.
So a big thanks. This has been a multiyear process for my staff, a
personal goal. I was raised on whole milk. I didn't know there was
anything except whole milk, and I always wondered why all of a sudden
our youth weren't drinking any milk.
And just many of us prefer the taste of it, and guess what,
nutritionally, I think it has some really great qualities as well.
Mr. President, I would like to ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 111, S. 222.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 222) to amend the Richard B. Russell National
School Lunch Act to allow schools that participate in the
school lunch program to serve whole milk, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Agriculture, Nutrition,
and Forestry with an amendment to strike all after the enacting clause
and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whole Milk for Healthy Kids
Act of 2025''.
SEC. 2. ORGANIC OR NON-ORGANIC WHOLE MILK PERMISSIBLE.
(a) In General.--Section 9(a)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking clauses (i) and (ii) and inserting the
following:
``(i) shall offer students a variety of fluid milk;
``(ii) may offer students options which may include
flavored and unflavored organic or nonorganic whole, reduced-
fat, low-fat, and fat-free fluid milk and lactose-free fluid
milk, and nondairy beverages that are nutritionally
equivalent to fluid milk and meet the nutritional standards
established by the Secretary (which shall, among other
requirements to be determined by the Secretary, include
fortification of calcium, protein, vitamin A, and vitamin D
to levels found in cow's milk); and''; and
(B) in clause (iii), by striking ``physician'' and
inserting ``physician, parent, or legal guardian'';
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``fluid milk products'' and inserting
``products described in subparagraph (A)(ii)''; and
(3) by adding at the end the following:
``(D) Saturated fat.--Milk fat included in any fluid milk
provided under subparagraph (A) shall not be considered
saturated fat for purposes of measuring compliance with the
allowable average saturated fat content of a meal under
section 210.10 of title 7, Code of Federal Regulations (or
successor regulations).
``(E) Application.--Subparagraph (B)(ii) is not applicable
to a school that offers nondairy beverages under subparagraph
(A)(ii).''.
(b) Conforming Amendments.--
(1) Section 14(f) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1762a(f)) is amended in the third
sentence by inserting ``or a nondairy beverage that meets the
nutritional standards described in section 9(a)(2)(B)'' after
``milk''.
(2) Section 20(c) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b(c)) is amended by striking
``patterns and fluid milk requirements'' and inserting
``patterns, fluid milk requirements, and nutritional
standards for nondairy beverages''.
SEC. 3. INCLUDING FOOD ALLERGY INFORMATION IN EXISTING
TRAINING MODULES FOR LOCAL FOOD SERVICE
PERSONNEL.
(a) Food Allergy Training Module.--Section 7(g)(2)(B)(iii)
of the Child Nutrition Act of 1966 (42 U.S.C.
1776(g)(2)(B)(iii)) is amended--
(1) by redesignating subclauses (II) and (III) as
subclauses (III) and (IV), respectively; and
(2) by inserting after subclause (I) the following:
``(II) food allergies, including information on the best
practices to prevent, recognize, and respond to food-related
allergic reactions;''.
(b) Certification.--Section 7(g)(2)(B)(ii)(II) of the Child
Nutrition Act of 1966 (42 U.S.C. 1776(g)(2)(B)(ii)(II)) is
amended by striking ``clause (i)'' and inserting ``clauses
(i) and (iii)''.
Mr. MARSHALL. I ask unanimous consent that the committee-reported
substitute amendment be considered and agreed to; that the bill, as
amended, be read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill (S. 222), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
The PRESIDING OFFICER. The Senator from Vermont.
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