Senate committee gives due pass to bill letting schools offer whole, 2% and flavored milk

Representative Dawson Hawley (District 31) told the Senate Agriculture and Veterans Affairs Committee that House Bill 11 32 would allow schools to offer whole and 2% milk, and flavored milk, through bulk dispensers while not requiring districts to switch from existing reimbursable-meal choices. He said the measure would restore local choice and help North Dakota dairy farmers.

The bill matters because federal school meal regulations generally require that milk offered as part of a reimbursable meal be fat-free or 1 percent, and those rules shape what schools can receive federal reimbursement for. Lynell Johnson, director of Child Nutrition and Food Distribution with the North Dakota Department of Public Instruction, testified to the committee that the National School Lunch and Breakfast Program is federally administered by the U.S. Department of Agriculture and implemented in state rules under 7 CFR 210 for lunch and 7 CFR 220 for breakfast. She said the USDA meal pattern requires five meal components — protein, grain, fruit, vegetable and milk — and that the USDA currently requires two milk varieties be offered at breakfast and lunch and that an 8-ounce serving be available.

Johnson told the committee that the method of serving milk is a local decision and that schools may use cartons, jugs or bulk dispensers, but that 2 percent and whole milk cannot be included as part of a reimbursable meal under current federal guidance. "The USDA regulations currently do require that schools offer 2 varieties of milk at all times at breakfast and lunch," Johnson said. She added that products sold outside the meal pattern must meet USDA smart snack guidelines and that 2 percent and whole milk do not meet those guidelines and thus cannot be sold to students during the school day as a snack item under current federal rules.

Rep. Dawson Hawley argued the change would boost milk consumption and support local processors. He said milk consumption in schools has declined under current restrictions and that expanding milk options could create a larger, more-sustainable market for North Dakota dairy farmers; he told the committee that "with only 1 milk processor in North Dakota, much of the milk served in schools is transported from Kansas, Nebraska, and Minnesota," reducing shelf life and complicating supply chains. Hawley also emphasized that the bill does not mandate schools serve whole or 2 percent milk and that districts choosing those options would be responsible for any additional costs.

Ryan Gregg of the North Dakota Farmers Union spoke in favor, saying his organization supports availability of whole and flavored milk in schools and asked the committee for a due pass recommendation. Committee members asked technical questions about sugar levels in flavored milk and potential compliance issues. Johnson said flavored milk typically now has about 11 grams of added sugar or less and that new guidelines call for 10 grams or less; she noted some products she has seen list 8 grams or less.

Committee members also asked whether widespread adoption of whole milk might force schools to change other menu items to stay within calorie, fat and sodium limits. Johnson replied that monitoring and administrative reviews would be necessary if many students chose whole milk frequently, because schools must stay within the meal-pattern calorie, fat and sodium limits.

The committee moved a due pass recommendation on House Bill 11 32. The clerk recorded affirmative votes from Senator Marsalais, Senator Weston, Senator Weber, Chairman Lueck, Vice Chair Bridal and Senator Lam; the committee announced the due pass motion approved.