Whole Milk for Healthy Kids Act of 2025
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Would allow schools participating in the National School Lunch Program to offer students whole milk again — reversing a longstanding federal restriction limiting schools to fat-free or low-fat milk — and would require USDA to exclude milk fat from the saturated fat calculations schools must meet.
The bill would also ban school cafeterias from purchasing or serving milk produced by Chinese state-owned enterprises, adding a supply-chain restriction to a program that feeds tens of millions of children each school day.
What this bill would do
What it would do
The bill would amend the Richard B. Russell National School Lunch Act to permit participating schools to offer students flavored and unflavored, organic or non-organic whole, reduced-fat, low-fat, and fat-free fluid milk — including lactose-free options. Currently, USDA regulations limit schools to fat-free or low-fat milk. The bill would also expand who may submit a written statement requesting a milk substitute for a student with a disability that restricts their diet, allowing a parent or legal guardian (not only a licensed physician) to provide it. Milk fat in any fluid milk served through the program would be excluded from the saturated fat content calculation used to measure meal compliance under USDA regulations. Finally, the Secretary of Agriculture would be required to prohibit participating schools from purchasing or offering milk produced by a Chinese state-owned enterprise.
The bill would not change other nutritional requirements for school meals, nor would it require schools to offer whole milk — it would only permit them to do so. USDA would be expressly barred from prohibiting schools from offering any of the newly authorized milk choices.
Key provisions
- 1Would permit participating schools to offer whole, reduced-fat, low-fat, and fat-free flavored and unflavored fluid milk, including organic or non-organic and lactose-free varieties.
- 2Would allow a parent or legal guardian — not only a licensed physician — to submit the written statement required for a student's disability-related milk substitute.
- 3Would exclude milk fat in any fluid milk served through the program from the saturated fat content calculation used for USDA meal-compliance purposes.
- 4Would require the Secretary of Agriculture to prohibit participating schools from purchasing or offering milk produced by a Chinese state-owned enterprise.
- 5Would bar the Secretary of Agriculture from prohibiting any participating school from offering students the newly authorized milk choices.
Who would be affected
Students eating school lunches in the roughly 100,000 schools that participate in the National School Lunch Program, as well as school nutrition administrators who select and purchase milk. Dairy producers and distributors — including those offering whole milk — would be affected by new purchasing options, while any Chinese state-owned dairy enterprises would be barred from selling into the program.
Why it matters
If enacted, school nutrition directors could immediately add whole milk to cafeteria menus without running afoul of federal rules, giving students and parents more choice. Removing whole milk fat from the saturated fat cap could also ease compliance burdens for schools. The Chinese state-owned enterprise ban would add a new procurement vetting obligation for school food authorities that currently have no such requirement.
What would change
Changes to existing law
Amends Richard B. Russell National School Lunch Act, 42 U.S.C. 1758(a)(2) (Sec. 2)
Expands allowable fluid milk to include whole and reduced-fat varieties; adds parent/guardian to those who may request milk substitutes; excludes milk fat from saturated fat compliance calculations; bans Chinese state-owned enterprise milk.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 649 would have no significant effect on the federal budget, with no changes to direct spending, revenues, or the deficit over the 2025–2035 period.
CBO estimates that enacting the Whole Milk for Healthy Kids Act of 2025 would result in no changes to direct spending (mandatory outlays), revenues, or the deficit in any scoring window through 2035. The bill would allow schools in the National School Lunch Program to serve whole, reduced-fat, or low-fat milk (flavored or unflavored), but CBO does not expect this to affect reimbursement rates or program participation — so benefit costs remain unchanged. Any administrative costs to update dietary regulations are expected to be insignificant and would be subject to the availability of appropriated funds (estimated at less than $500,000 over 2025–2030). CBO found no intergovernmental or private-sector mandates in the bill.
How implementation would work
The Secretary of Agriculture would enforce the Chinese state-owned enterprise prohibition directly, though the bill does not specify a rulemaking or verification process for how schools would confirm a supplier's state-owned status. The bill is largely self-executing: participating schools may offer whole milk upon enactment, and USDA's authority to prohibit them from doing so is immediately removed. Schools seeking a milk substitute for a student with a disability would process written statements from physicians, parents, or legal guardians without any new procedural layer.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 111.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill revises requirements for milk provided by the National School Lunch Program of the Department of Agriculture (USDA).
Currently, schools participating in the program must provide milk that is consistent with the most recent Dietary Guidelines for Americans; USDA regulations require milk to be fat-free or low-fat and allow milk to be flavored or unflavored. The bill modifies these restrictions and instead permits schools to offer students whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk. The milk that is offered may be organic or nonorganic. Further, USDA may not prohibit a participating school from offering students any of these milk choices.
Further, schools currently must provide a substitute for fluid milk, on receipt of a written statement from a licensed physician, for students whose disability restricts their diet. Under the bill, a parent or legal guardian may also provide the written statement.
In addition, schools currently participating in the program must provide meals that meet certain nutrition requirements; USDA regulations require that the average saturated fat content of the meals offered must be less than 10% of the total calories. Under the bill, fluid milk is excluded from the saturated fat content calculation; milk fat included in any fluid milk provided by the program must not be considered saturated fat for the purposes of measuring compliance with USDA regulations.
Finally, the bill prohibits schools participating in the program from purchasing or offering milk produced by Chinese state-owned enterprises.
Legislative subjects
Administrative law and regulatory procedures; Agriculture and Food; Asia; Child health; China; Department of Agriculture; Elementary and secondary education; Food assistance and relief; Nutrition and diet
Committee report
H. Rept. 119-142