WASHINGTON, DC, June 4, 2025 (ENS) – The U.S. Senate Agriculture and Nutrition Committee has advanced provisions that will make it easier for students to access nondairy milk options in schools. The changes, included in the amended Whole Milk for Healthy Kids Act (S.222), remove key barriers that have long prevented students, especially those who are lactose intolerant, from receiving a nutritionally appropriate beverage option at school.
Under current law, students are only guaranteed a substitute for cow’s milk, such as fortified soy milk, if a parent submits a physician’s note documenting a disability, and schools are prohibited from proactively offering soy milk on the lunch line.
This red tape places an unnecessary burden on families and has a major impact on communities of color, because their rates of lactose intolerance are highest.
“Putting parents in charge of their children’s nutrition at school is long overdue, as is removing the unnecessary red tape that prevents students from being served healthy nondairy milks at school,” said Neal Barnard, MD, a fellow of the American College of Cardiology and president of the nonprofit Physicians Committee for Responsible Medicine. This organization promotes preventive medicine, conducts clinical research, and encourages higher standards for ethics and effectiveness in education and research.
“If Congress truly wants schools to serve milks that best meet their students’ needs, soy milk and other healthy nondairy options should be easily available to all who want them,” Dr. Barnard said.
“All students should be able to access the nutrition they need to thrive and receive beverages they can actually drink,” said Chloë Waterman, senior program manager at the nonprofit Friends of the Earth, a member of the Plant Powered School Meals Coalition.
“Removing barriers for students to access nondairy milk options will help school meals align more with dietary science, expand healthy choices for families, and reduce food waste,” Waterman said. “Thank you to the Senate Agriculture Committee members for their leadership to ensure equitable access to nutritionally appropriate beverages at school.”
Whole Milk Welcome Again
“Today’s vote was a step to correct a major mistake made during the Obama Administration, and a great start to National Dairy Month,” said Senator Roger Marshall, M.D. of Kansas, a Republican and primary sponsor of the Whole Milk for Healthy Kids Act.
“Whole and reduced-fat milk should have never been excluded from the National School Lunch Program. Now, 13 years after its removal, nearly 75 percent of children do not receive their recommended daily dairy intake. By increasing kids’ access to milk in school cafeterias, we will help prevent diseases down the road and encourage nutrient-rich diets for years to come,” Dr. Marshall said.
The Dietary Guidelines for Americans reports that nearly 90 percent of Americans do not meet their daily dairy intake recommendations. Americans are lacking enough calcium and vitamin D, and whole milk is an excellent source for both vitamins. Leading nutritionists have found that whole dairy fats have no negative effect on a diet, and may even reduce the risk of heart disease.
The legislation was first introduced by Senator Marshall in June of 2023 and reintroduced in April of 2025 with bipartisan sponsors and co-sponsors.
Now that it has passed out of the Senate Agriculture Committee, the bill is scheduled to proceed to the Senate floor for a vote.
The National Milk Producers Federation, NMPF, applauded the Senate Committee on Agriculture, Nutrition and Forestry for supporting by voice vote the Whole Milk for Healthy Kids Act.
“The Whole Milk for Healthy Kids Act is about making informed, science-backed decisions that prioritize the health and future of our children,” NMPF President and CEO Gregg Doud said. “We’re grateful that this common-sense legislation has received such strong support from both sides of the aisle.”
A Brief Recent History of Milk in U.S. Schools
In 2010, Congress passed the Healthy, Hunger-Free Kids Act, which amended nutrition standards in the School Lunch Program. Among the changes, the law mandated that flavored milk must be fat-free within the program.
In May 2017, the U.S. Department of Agriculture announced a rule that allowed schools to receive waivers for low-fat (one percent) flavored milk, rather than only fat-free milk.
During the last Congress when Joe Biden was president, the Whole Milk for Healthy Kids Act passed the House of Representatives with overwhelming bipartisan support (330-99).
If the bill is approved by the Senate it will return to the House of Representatives for its approval before heading to the President’s desk for signature into law.
If the bill is passed into law, these changes would allow schools to offer whole milk as well as a nutritionally equivalent nondairy milk option to all students. In addition, based on a parental request, it would require schools to provide a cow’s milk substitute for any student who has a disability, such as lactose intolerance, which is classified as a disability by the U.S. Department of Agriculture.
This step forward follows years of advocacy from the Plant Powered School Meals Coalition, a loosely organized group that works to expand nutritious, delicious plant-based food and beverage options in K-12 schools.
The Coalition also seeks leadership from members of Congress on related bills, including the Healthy Future Students and Earth Pilot Program Act by Representative Nydia Velázquez, a New York Democrat, and the FISCAL Act by Congressman Troy Carter of Louisiana and Senator John Fetterman of Pennsylvania, both Democrats.
“Kids need wholesome, nourishing food to grow strong and stay healthy, and whole milk is packed with the nutrients they need,” Senator Fetterman said. “Let’s give them the option to enjoy it again in schools. It’s good for them, they’ll actually drink it, and it supports our farmers. This bill is a simple solution that benefits everyone.”
Featured image: Milk is available at school cafeterias throughout the United States. undated (Photo by Bob Nichols courtesy USDA)