House passes bill allowing whole milk in schools, but it may spoil in the Senate

School children will have a lot more options when it comes to their milk selection if the House of Representatives has its way.

The House passed the Whole Milk for Healthy Kids Act by a 330-99 vote Wednesday night, though the bill could still spoil in the Senate if leadership doesn’t take an interest in voting on it.

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“Whole milk isn’t just a beverage; it’s a vital source of nutrients essential for children’s growth,” Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) said on the House floor ahead of the vote. “Denying access to its calcium, vitamin D, and protein threatens to inhibit their development. To the anti-milk advocates, I have one thing to ask of you. What do you have against milk?”

The bill would restore 2% milk and whole milk, which is 3.25% fat, to America’s public school lunchrooms. Those options have been banned since 2012 due to concerns about saturated fat and rising obesity among young people. However, House Republicans and many Democrats are pointing to research that they say shows fat obtained from milk is more nutritious than previously believed.

Proponents of the bill also say that whole milk is more filling, so students who drink it are less likely to continue searching for calories elsewhere afterward, and that better-tasting 2% or whole milk is more likely to be consumed when some students may opt for juice or a soda over skim milk.

Not only that, but thanks to an amendment from Rep. Tom Tiffany (R-WI), chocolate milk would remain in schools as well if the bill becomes law. The U.S. Department of Agriculture has been considering a school chocolate milk ban at least since the summer, which would be off the table if the bill passes.

“Come and take it, USDA,” said Tiffany, who grew up on a Wisconsin dairy farm. The slogan was used in the Revolutionary War and the Texas Revolution and has been referenced more recently by gun rights advocates. Tiffany appeared with the slogan and the image of a chocolate milk carton on the House floor.

“My bipartisan amendment prevents the USDA from issuing any rule that bans any of the milk covered in this bill, including chocolate milk,” Tiffany said. “This would ensure that all types and flavors of milk are available to school children and not subject to bureaucratic rulemaking.”

The rule would affect roughly 30 million students who participate in the USDA’s school meal program, according to the congressman.

While several Democrats spoke out against the bill during the debate, with one saying it “blatantly ignores the science” and rebuffs recommendations from the American Academy of Pediatrics and the Academy of Nutrition and Dietetics, it passed with fairly broad bipartisan consensus.

All but one Republican supported it, while even a slim majority of Democrats voted in favor. Among the 99 no votes were “Squad” members Reps. Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN), and Rashida Tlaib (D-MI).

However, Senate Majority Leader Chuck Schumer’s (D-NY) office was noncommittal when asked about the bill getting a vote in the upper chamber, saying that other priorities would come first. The Senate has long been a legislative graveyard for partisan bills, and it remains to be seen whether support from Sens. John Fetterman (D-PA) and Kirsten Gillibrand (D-NY) will be enough to get the milk bill to the floor.

Sen. Roger Marshall (R-KS) attempted to pass the bill Thursday using a unanimous consent procedure, but that effort was blocked by Senate Agriculture Chairwoman Debbie Stabenow (D-MI).

It’s also unclear if President Joe Biden would sign the bill if it reached his desk. The White House and the USDA did not respond to questions about the bill from the Washington Examiner.

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Rep. Glenn Thompson (R-PA), the bill’s primary sponsor, introduced it in each of the past three congressional sessions, but it went nowhere with Democrats in charge of the lower chamber. Now, it stands a more realistic chance of reaching the president’s desk.

“We have seen students opt out of consuming milk altogether if they don’t have access to a variety that they enjoy,” Thompson said Tuesday. “Let’s face it: The only way to benefit from milk’s essential nutrients is to consume it.”