By Sherry Bunting, Farmshine, April 4, 2025

WASHINGTON, D.C. – We need to be the change-makers that our students and farmers both need. We need to bring back the ability to offer milk fat choice in schools, including nutrient dense whole milk – which, by the way, is just 3.25 to 3.5% fat,” said Krista Byler, a witnesses during the hearing by the U.S. Senate Committee on Agriculture, Forestry, and Nutrition to “review the Whole Milk for Healthy Kids Act, S. 222, and improve children’s health.”

April 1^st, the day of the hearing, was a great day for America’s children and dairy farmers, and that’s no April Fools joke!

The livestreamed hearing opened with a reminder from Senate Ag Chairman John Boozman (R-Ark.) that the whole milk bill had passed the House in the last Congress “by an impressive 330 to 99 vote” and his desire to “make progress in the Senate.” 

Ranking Member Amy Klobuchar (D-Minn.) expressed her support for the bill and thanked Sen. Roger Marshall (R-Kan.) for introducing it. She also set the stage to broaden the hearing to other school nutrition matters. (To be covered in a separate article at another time).

The hearing ended with universal expressions of bipartisan support, thanking the Senate’s ‘milkman’ Marshall. Several Senators urged moving the bill forward as a standalone without delay.

“If we can do something that’s good, let’s do it, and then we’ll do the next thing that’s good,” said Senator Peter Welch (D-Vt.), the bill’s prime cosponsor, addressing the Chair. “This committee has an opportunity to help the Senate be a better Senate, we can take a bill like this that we agree on and move it before we get a full farm bill. It doesn’t matter what our politics are, we all care about our kids. I hope as we pursue this whole milk opportunity for our kids and our farmers that it’s the beginning of a real commitment to nutritious, locally produced, natural foods.”

In between the open and close, the Senate Ag Committee heard from and questioned five witnesses, spending the first chunk of time with Dr. Eve Stoody, Director of the Nutrition Guidance and Analysis Division at the Center for Nutrition Policy, within the Food Nutrition Service of the USDA. 

She is tasked with supporting the development of the Dietary Guidelines (DGA) since the 2010 edition and is the self-described career subject matter expert on the DGA process.

She revealed that 90% of Americans don’t consume the daily recommended amount of dairy, a statistic that has worsened over time, setting the stage for nutrient shortfalls.

“Across the board… whatever the form is, we need to have greater consumption of dairy,” she said, citing national survey data showing that on any given day, the percentage of adolescents reporting drinking milk was 75% in the 1970s, just under 50% in the early 2000s, and about 35% in the most recent data.

Chairman Boozman asked what justification was used to remove whole and 2% milk from schools in 2010?

Instead of addressing that question, specifically, Dr. Stoody said the current Dietary Guidelines recommend “most” dairy be low-fat or fat-free, but the guidelines (10 years later) in 2020 were constructed as overall dietary patterns with more flexibility.

“It’s also a reality that we kind of have a number of calories that individuals should consume, so across the guidelines we recommend consuming foods from all of those different food groups and that most should have little to no added sugars or saturated fat to help us stay within those calorie limits,” she said. “We don’t have a lot of room in the calories of the diet to consume milk and dairy with higher fat.”

Stoody parsed this as a population-level guideline: “That doesn’t mean whole milk and higher fat dairy can’t be part of a healthy diet, but it’s really important to look at the overall diet. The DGAs are there to provide flexibility based on needs and preferences.”

(This confusing ambiguity opened the door for the next panel to walk through, even though only two of the remaining four witnesses talked about the whole milk bill, while the other two talked exclusively about USDA’s recent cuts to programs like the local farm-to-school cooperative grants and concern about changes to how school lunch eligibility. Even those witnesses agreed that simplifying regulations and providing flexibility allows schools to focus on the quality of the meals instead of being bogged down by red tape.)

“I’m here because this issue matters to the children I serve, so it matters to me,” said witness Dr. Keith Ayoob, Associate Professor of Pediatric Nutrition at the Albert Einstein College of Medicine in New York City. He runs a diagnostic and treatment clinic working with mostly low-income children, and their families, in the Bronx.

“A plethora of research demonstrates consumption of cow’s milk provides children with better bone health, a lower risk of type II diabetes, and a lower risk for cardiovascular disease,” he shared, as he zeroed-in on milk’s 13 essential nutrients, including 3 of the 4 under consumed nutrients calcium, potassium and Vitamin D.

He said saturated fat does not occur in foods in isolation, and new research shows the protein-fat matrix “behaves differently” in the body. “While other foods that are lower in saturated fat can also lower cardiometabolic risk, they can’t deliver the 13 essential nutrients in milk. Milk delivers a package I’ve not been able to find in any other food or beverage.”

Krista Byler of Spartansburg, Pennsylvania testified next. She is the Foodservice Director and District Chef for the past 20 years at Union City Area School District, or as she puts it: “The professional chef turned lunch lady.”

The granddaughter and wife of former dairy farmers, she was the one witness to bring a combined experience in dairy farming, culinary arts, and childhood nutrition, saying she believes “access to good quality nutrient dense whole food is a basic right of education.”

Byler spoke from the heart, bringing experience and data. She described the impact of the 2010 Childhood Nutrition Reauthorization’s school milk changes on students and dairy farm families.

“It was heartbreaking… we were seeing a huge increase in waste and a huge decline in the amount of milk that I was actually ordering because our children were not choosing to take the milk,” she said.

In 2018, Byler attended an event with the School Nutrition Association where she met Rep. Glenn ‘GT’ Thompson (R-Pa.) – the decade-long champion for The Whole Milk for Healthy Kids Act. 

At that meeting, Byler said she heard her peers also talking about the large amounts of waste. She was later introduced to the Grassroots Pennsylvania Dairy Advisory Committee of dairy farmers and school-involved parents, affiliated with what later became the separate milk education nonprofit 97 Milk.

(The Grassroots PA Dairy Advisory Committee is chaired by Bernie Morrissey, with current participants that include dairy farmers Nelson Troutman of Berks County (the Milk Baleboard painter), along with Dale Hoffman and Tricia Adams of Potter County, certified RN school nurse Christine Ebersole of Blair County, Dr. Ed Silverman, a retired internal medicine physician, Mike Sensenig of Sensenig’s Feed Mill, and this reporter who helps in communication. Like the separate board comprising 97 Milk, all the work is done by volunteers without compensation.)

This grassroots committee invited Byler to do some data collection. She explained that in the 2019-20 school year, with the blessing of her school board of directors, they conducted a school milk choice trial at the middle and high school, offering all levels of milkfat, both flavored and unflavored.

“The results are astounding.” Byler said, referencing her written testimony to find more complete data and survey results.

“What I want to really drive home are two main data points: The 50% increase in milk consumption (evidenced by ordering more milk) and the 95% — that’s right – the 95% reduction in milk waste, just because we offered a variety of milk choices that fit our students’ needs,” she said to the visibly astonished Senators who had previously unsuccessfully asked the first witness from USDA for such data.

“That’s incredible. It’s amazing when we give a little education and we give the choices, eventually the consumer makes the right choice,” said Sen. Marshall who is a medical doctor and prime sponsor of the bill in the Senate. He described his frustration in seeing the impact of osteoporosis and osteopenia, when bone density has not been built in the first 26 to 28 years of life.

Byler explained that the school student council helped collect, measure, and document the waste, and they “took a little heat after the 2020 school year when we (ended the trial) and went back to not being able to offer the variety. Overwhelmingly, students said they want something that is satisfying. Athletes, especially, were very vocal about wanting something that sticks with them. It’s a perfect recovery drink.”

Dr. Ayoob agreed: “My kids in my clinic have said that they find skim milk ‘watery.’ They may take that carton of milk. The school will get reimbursed. But I’m concerned that they drain that carton, not just take a few sips. Not only is there less food waste but more nutrition goes into the children.”

Sen. Ben Ray Lujan (D-Calif.) reminisced that he didn’t grow up with much money in the bank, but was blessed to have a dairy down the street. “Today when I get a carton of milk at the store, my habit is still to shake it because growing up that cream rose to the top, and we knew we had to shake it if we were going to enjoy it.”

“Our kids want to do better. They want to eat better. We have their attention,” said Sen. Jim Justice (R-W.V.), who spent his days with students as a longtime coach. “We have an opportunity here to step up. I am absolutely, wholeheartedly in favor of moving forward with whole milk.”

Every Senator present and asking questions expressed or implied support from both sides of the aisle.

With a nod to “the milkman Sen. Marshall,” Sen. Dick Durbin (D-Ill.) said he had to read through the list he had been provided of the organizations that are opposed to the bill, including the American Heart Association, American Academy of Pediatrics, and American Academy of Nutrition and Dietetics. He then asked the USDA representative what health organizations are for it? Dr. Stoody said she didn’t have that information.

(Perhaps more to the point, were her continued circular answers that forced this realization: The “population-level guidelines” get drilled down to individuals in governmental feeding environments, which then feed into the health and nutrition organizations and back again. Meanwhile, individual health and nutrition practitioners are out there seeing real people as individuals every day, wondering how to get off the spinning merry-go-round.)

Chairman Boozman asked Dr. Ayoob how policymakers have gotten it so wrong in drawing a correlation between whole milk and obesity?

“Actually, the correlation is inverse,” Dr. Ayoob declared. “A review of the studies in my written testimony show that greater consumption of dairy foods, including whole fat milk, has been associated with less obesity and less cardiometabolic risk.”

He said in 2010 when whole and 2% milk were first removed from school meals, obesity prevalence was about 17%. Since that removal, it has increased. “It’s now 21%, and it’s higher, about 25%, in black and Hispanic children, the population that I work with.” 

Ranking Member Klobuchar came back to calcium, asking Dr. Ayoob to explain why it’s so important at this stage.

“We don’t have our whole lives to build our bone bank. We have the first 25-ish years,” he replied. “If they skip milk in school, that might seem like it’s no big deal for a day, maybe even for a week. But if they forgo a glass of milk every day they are in school for 12 years, we’re going to graduate kids with a diploma and not very good bones. We owe our kids better than that. Osteoporosis and osteopenia are really pediatric diseases with adult consequences.”

Sen. Marshall drove this point home in his questions for all witnesses. He talked about the milk fat as carrying key vitamins and facilitating absorption. He and Dr. Ayoob talked back and forth about how replacement beverages, like soda, take the missed opportunity with milk and add further negative impacts.

“No matter what type of milk is offered in school, none of it is nutritious until students drink it, and they don’t drink it often enough, which presents nutrition and dietary gaps, especially in low-income groups, where 77% of a child’s opportunity for milk intake is from school meals,” said Dr. Ayoob.

“Chef Byler, what’s your advice to us as we look at bringing whole milk back to schools?” asked Sen. Marshall.

“It’s been said very well by others today, that we can do better,” she replied. “If we just bring back the milk choice to schools, we would see a huge increase in consumption, a huge decrease in waste, and satisfaction for our students would be through the roof.” 

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