Tag Archives: Whole Milk in Pennsylvania Schools

Despite frustrations, G.T. is not giving up on ending federal prohibition of whole milk in schools

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After his whole milk in schools amendment failed on a committee-level party-line vote in August, G.T. Thompson said he’s not giving up, but that a change in leadership is needed to get this done. “Current leadership has an anti-kid, anti-dairy bias. This has become all politics with no logic,” he said.
Bills that would end federal prohibition of whole milk in schools are before the United States Congress and in the Pennsylvania and New York state legislatures. In the U.S. House there are 95 cosponsors. In the Pennsylvania House, it was passed almost unanimously, but the PA Senate refuses to run it because of lunch money scare tactics. Proponents of the various whole milk bills say Democrat party leaders oppose this common sense measure. Some Democrat lawmakers have signed on along with the Republicans as cosponsors; however, as the fight to include it as an amendment in childhood nutrition reauthorization proved — the Democratic leadership has another agenda for America’s foods and beverages and has therefore halted any movement of this measure to end federal prohibition of whole milk in schools and in daycares and in WIC. This bill is simply about allowing a choice that would be healthy for America’s children and rural economy. The evidence is overwhelming that the Dietary Guidelines and Healthy Hunger Free Kids Act got it wrong. Our children and farmers are paying the price for this mistake. Those in charge don’t seem to care about science, freedom of choice, nor petitions signed by tens of thousands of people.

By Sherry Bunting, Farmshine, August 5, 2022

WASHINGTON, D.C. — An attempt by Congressman Glenn “G.T.” Thompson (R-Pa.) to get his Whole Milk for Healthy Kids bill attached as part of an amendment to the Childhood Nutrition Reauthorization package failed last week despite the bill having nearly 100 cosponsors, including both Republicans and Democrats.

Joining him in introducing the amendment during the Committee’s markup of the Democrat’s child nutrition reauthorization were Representatives Elise Stefanik (R-N.Y.), Fred Keller (R-Pa.) and Russ Fulcher (R-Idaho).

“Unfortunately, the Democrats folded on us, and the amendment was defeated,” said Thompson in a Farmshine phone interview Tuesday (Aug. 2). The amendment also included language that would have allowed whole milk for mothers and children over age 2 enrolled in the WIC program.

“The current leadership has an anti-kid, anti-dairy bias, that’s my interpretation,” Thompson said. “Our whole milk provisions are good for youth and their physical and cognitive well-being. It’s also good for rural America.”

Thompson said his effort as a member of the House Committee on Education and Labor was to include the substance of two bills related to whole milk in the huge reauthorization package. Child nutrition reauthorization is normally a five-year cycle, but it has not been updated in over a decade since the Healthy Hunger Free Kids Act passed under a Democrat majority in 2010 to double-down on anti-fat policies in all government feeding programs, including schools.

“We wanted moms and children to get access to the best milk, but this has become all politics with no logic,” he said.

The Committee moved the child nutrition package forward last week without the whole milk provisions. That package will now go to the full House for a vote.

Thompson said its fate is uncertain, that it is likely to pass the House, although the margins are tighter there, he explained. 

However, he believes the child nutrition package will be “dead on arrival” in the Senate where it likely will not receive the 60 votes needed to pass.

If that happens, then the task of writing it would begin again in the next legislative session (2023-24).

“Our best hope (of getting the whole milk provisions for schools and WIC) is for Republicans to take back the majority in November,” said Thompson, explaining that he is already working with Ranking Member Virginia Foxx, a Republican from North Carolina. “She understands the issue and knows this is one of my top priorities.”

If Republicans gain a House majority in the midterm elections, Foxx is a likely candidate for chair of Education and Workforce, and Thompson would be a senior member of that committee as well as being a likely candidate for chair of the House Agriculture Committee, where he is currently the Ranking Member.

In fact, he said he is “very positive” about being successful getting Whole Milk for Healthy Kids out of committee under Republican leadership and is already working hard to ensure its success out of the full House, pending who is in leadership after the midterms.

Thompson said he is also working on allies in the Senate.

Up until now, it has been the outgoing Senator from Pennsylvania – Pat Toomey – who has “carried the milk” on this issue with companion legislation in the Senate.

“His bill impressed me in how he and his team thought through the issue on fat limits that are imposed on our nutrition professionals in schools,” said Thompson, taking note for future reintroductions of his bill.

On the House side, the Childhood Nutrition Reauthorization originates in the Education and Workforce Committee, but in the Senate the package originates in the Agriculture Committee.

Thompson notes that if the Republicans have a majority in the Senate, the current Ranking Member of the Ag Committee, John Boozman of Arkansas, is a likely candidate for chair. Boozman, who previously served in the U.S. House and was a mentor to Thompson. Today, they are the Ag Ranking Members in the two chambers and work closely on issues important to farmers and ranchers.

Back in 2018, when Thompson was asked at a farm meeting why his first introduction of the Whole Milk for Healthy Kids did not pass when Republicans did have a majority in the House and Senate in the 2017-18 legislative session, Thompson noted that National Milk Producers Federation, at that particular time, supported a more gradual shift to first codify the permission for 1% flavored milk then work up to the whole milk provision. 

When asked the question again after his amendment failed, he reflected, noting that in the 2017-18 legislative session, the school milk issue was not well-understood in either chamber of Congress. Then Secretary of Agriculture had made an executive decision to provide flexibility for schools to serve 1% flavored milk instead of limiting it to fat-free. But a bill to codify that change into law has also failed to pass in its three attempts as well. 

It’s not hard to believe that members of Congress do not understand this issue — given the fact that it has taken many years and much grassroots education effort to open even the eyes of parents to the school milk issue. Today, many parents are still unaware that their children over age two at 75% of daycares and 95% of schools (any that receive any federal dollars) do not have the option of drinking whole and 2% milk. Their only milk options by federal prohibition are 1% and fat-free. People just don’t believe it to be true and figure the problem kids have with milk at school is because it’s not chilled enough or comes in a hard to open carton.

In the current effort to get whole milk provisions into the child nutrition reauthorization, however, Thompson confirmed that in addition to the Grassroots PA Dairy Advisory Committee and 97 Milk effort —  “all major dairy organizations were working on this.”

Put simply, said Thompson, if the Republicans gain a majority in November, they are likely to be the ones who will write the next child nutrition package. As the one written recently by the Democrats is headed to the full House and has a tough-go in the Senate, Thompson said even if it does pass, targeted legislative fixes could be achieved in the next legislative session, pending a change in leadership.

“My goal is to work hard. The package that is going to the House now under the Democrats not only does not include whole milk provisions, it continues to micromanage school nutrition professionals who are the ones who know the kids the best and are in the best position to know how to help them eat in a healthy way,” said Thompson.

“Under the current (Healthy Hunger Free Kids Act of 2010) and this update — if it passes — kids aren’t eating the lunches. If they are not eating the meals (or drinking the milk), then it is not nutritious,” he added.-30-

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I am thankful for the folks who push for whole milk choice

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And I am thankful, perhaps most of all, for the strong and stubborn big heart of retired agribusinessman and dairy advocate Bernie Morrissey.

By Sherry Bunting, Farmshine Editorial, April 15, 2022

Among the dairy bills moving in the Pennsylvania House and Senate, one rising to the top is the Whole Milk for Pennsylvania Schools Act. 

What appears to be a fast rise has really been the product of a long and exhausting process for those who have worked on and reported on the issue of school milk and school meals over the past 10 to 15 years.

Six years ago, the issue began heating up, and U.S. Congressman G.T. Thompson (R-15th) introduced his Whole Milk for Healthy Kids Act for the first time. Two legislative sessions later, that bill, H.R. 1861, still awaits action by the House Committee on Education and Labor, having 93 cosponsors from 32 states as of April 13.

A little over three years ago, a grassroots whole milk education movement was launched by volunteers and donations after Berks County dairy farmer Nelson Troutman painted a round bale, which led to the formation of the Grassroots PA Dairy Advisory Committee and 97 Milk LLC.

The painstaking process of working to pry federal bureacrats’ hands off the allowable school milk offerings for children has been ongoing and exhausting.

Now there is the Pennsylvania State bill, HB 2397 Whole Milk for Pennsylvania Schools, authored by State Representative John Lawrence, introduced with 36 cosponsors on March 17 and passed by the State House on April 13.

The progress would not be happening without volunteers — especially the tireless efforts of Bernie Morrissey. At 85, he doesn’t have to be doing any of this. He has shown that he cares about the future for dairy farmers in Pennsylvania, and as a grandfather and great-grandfather, he cares about school milk choices. He has continually worked to get the word out about the whole milk prohibition issue.

USDA’s own pre- and post-prohibition survey showed the significant decrease in students selecting milk and the increased throwing away of milk served — in just the very first year (2012) of the complete restriction of milk choices to be only fat-free or 1% low-fat. More recent studies show it has only gotten worse.

Dairy farmers have lost a generation of milk drinkers, and Class I fluid milk sales have declined even more dramatically since the federal ban.

In the pages of Farmshine, we’ve brought you the news each step of the way. The Dietary Guidelines debacle has been covered for over 10 years. The Congressional bills have been covered. The findings of investigative science journalist Nina Teicholz have been covered, and so much more.

Since Dec. 2018, Farmshine has covered the emerging story of Nelson’s painted round bale, how it got noticed and how that led to questions from neighbors, how more bales were painted, how Bernie took it to another level making banners and yard signs, paying to print some up and distributing them and asking other agribusiness leaders to do the same, and how folks in other states are making an impact also in the movement to get the message out of the pasture and onto buildings and by roads everywhere they can.

We’ve reported on Bernie’s efforts to do political fundraisers at the grassroots level — giving farmers and agribusiness leaders opportunities to join him in supporting lawmakers who care about these issues.

We’ve reported on the major ‘Bring Whole Milk Back to School’ petition drives (30,000 strong), visits with lawmakers, the progress of the 97 Milk education effort, and so forth.

All along the way, there have been fence-straddling skeptics parsing their words. Just one example came recently after Nelson received the Pennsylvania Dairy Innovator Award during the Dairy Summit in February. That evening, one state official said to me that he “never had a problem” with the whole milk signs, but he was quick to add that he didn’t like the way the painted bales and signs only promoted whole milk, when all milk should be promoted.

Yes, all milk should be promoted, but let’s face facts here. For the past 10 to 15 years, the mandatory dairy checkoff promotion programs have not promoted whole milk. They have repeatedly used the terminology “fat-free and low-fat milk” — in lockstep with USDA bureaucrats. They even promoted the launch of blended products where real milk and plant-based fakes were combined to make what was called a “purely perfect blend.” 

“Three-a-day low-fat and fat-free” has been the mantra. 

Some dairy princesses have even confessed being afraid to tout whole milk, others have pushed the boundaries. Some have picked up the 97 Milk vehicle magnets for their personal vehicles while towing-the-line on the fat-free / low-fat wording in their “official” capacity as princesses. 

Let’s face it, the industry has used farmers’ own mandatorily-paid checkoff funds to drill USDA’s low-fat and fat-free milk message into the minds of consumers.

Someone had to start thinking outside the box if a solution to this issue was ever going to get outside the box.

Volunteers have now taken up the slack to promote whole milk, and they are moving the needle. In fact, the whole milk movement is so successful even Danone’s new fake brand – NextMilk — is trying to capitalize by using whole milk’s signature red and white cartons and placing “whole fat” above the brand name. What does that tell us?

Now, as the Whole Milk in Schools bill gains ground in the state of Pennsylvania, we see some who are trying to pour cold water on the passion and progress by suggesting that the state bill, which uses the PA Preferred framework to assert state’s rights, could lead to retaliation by other states to try harming demand for Pennsylvania-produced milk.

This is intimidation. Bullying. We see the same argument every time efforts are made to close loopholes that keep the state-mandated Pennsylvania over-order premium from getting to Pennsylvania dairy farms as the law intended. We hear that Pennsylvania milk will be discriminated against if co-ops and processors can’t continue dipping into the premium cookie jar. 

Now, it appears the same intimidation angle is being applied to HB 2397, which defines the option of whole milk in schools as pertaining to milk that is paid for with Pennsylvania or local funds and produced by cows milked on Pennsylvania farms. The bill has no choice but to use the PA Preferred framework because it is defining a role for state action on a federal prohibition.

Remember the June 2021 Pa. Senate Majority Policy Committee hearing on ending the federal prohibition of whole milk in schools? At the end of that hearing, State Senators in attendance were interested in doing statewide school milk trials like the one done temporarily at two school districts in Pennsylvania two years ago “under the radar.” (In one trial offering all fat levels of milk, whole milk was preferred by students 3 to 1; student selection of milk increased 52% and the amount of discarded ‘served’ milk declined by 95%!)

Key lawmakers began to show stronger interest in finding a way to give schools this option and have them collect data about student consumption and not get penalized by USDA and the Dept. of Education in the process. HB 2397 does that!

A major reason why interest is surging for this bill is because more people are coming to the realization that this prohibition exists. Prior to the 97 Milk education effort, most parents, citizens, even lawmakers, did not realize whole milk is outright banned in schools, even banned as an a la carte beverage! That goes for 2% reduced fat milk also, by the way. 

HB 2397 is about choice. There is no mandate here. None, whatsoever. Just freedom for students to make a healthful choice that they are presently denied.

The Commonwealth of Pennsylvania has a state’s interest on two critical fronts: 1) Dairy farming is essential to our economy and 2) The health of our children and freedom of choice are of the utmost importance. Students receive two out of three meals at school during a majority of the year.

Shouldn’t states and schools and parents decide milk choices instead of federal bureaucrats? Shouldn’t children get to choose the best milk our farmers produce if that’s what they’ll drink and love and benefit from? Why should they be forced to choose only the industry’s leftover skim?

Bottom line, these are times to be bold and brave.

These bills are for the children and for the farmers.

As a mother and grandmother, and dairy enthusiast, I am thankful for all who are working to move these bills forward. I am thankful for the opportunity to work with so many people who care about this issue. I am thankful for the work of 97 Milk and the Grassroots PA Dairy Advisory Committee. I am thankful for the support of the Pa. Farm Bureau, Pa. Dairymen’s Association, Pa. Farmers Union, and other organizations supporting the Whole Milk in Pennsylvania Schools Act.

I am thankful for the agribusiness leaders making contributions to help farmers and other whole milk education volunteers get the message and milk facts out there. I am thankful for the 30,000 people who signed online and mailed in petitions on this issue two and three years ago. 

I am thankful for Pennsylvania lawmakers who are being bold and leading — bringing their colleagues along in a bipartisan way so that more states can be encouraged to do the same.

I am thankful for all who are standing up for our dairy farmers and our children. 

And I am thankful, perhaps most of all, for the strong and stubborn big heart of retired agribusinessman and dairy advocate Bernie Morrissey. He continually looks for every possible avenue to help dairy farmers be at the table to speak up about the policies that affect their futures. He knows what it means to them, and to children, to someday — hopefully soon — have the choice of whole milk in schools.

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Constitutionality defended as HB 2397 Whole Milk in PA Schools Act passes House 196-2

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Rep. John Lawrence defends constitutionality of HB 2397 before near-unanimous House passage https://s3.us-east-2.amazonaws.com/pagopvideo/825289108.mp4

Dairy bills, including whole milk in schools, pass overwhelmingly in Pa. State House — all eyes to Senate now

By Sherry Bunting, republished from Farmshine, April 15, 2022

HARRISBURG, Pa. —  It was a good day in the Pennsylvania State Capitol Wednesday (Apr. 13) when a series of dairy bills, including the Whole Milk in Pennsylvania Schools Act, were overwhelmingly voted for final passage, now heading to the State Senate for concurrence.

In final passage of HB 2397 (The Whole Milk for Pennsylvania Schools Act), the vote was nearly unanimous 196 to 2. The bill was circulated in February via cosponsors memo to colleagues and was formally introduced March 17 by Reps. John Lawrence and Clint Owlett with 36 cosponsors in March.

Meanwhile, the Senate’s identical version, SB 1181, was introduced by Sen. Michele Brooks (R-Greenville) with 16 cosponsors on March 30, the day the House bill passed the Ag Committee. The Senate version also received unanimous support in the Senate Ag Committee as in the House and the SB 1181 received second consideration and was re-referred to Appropriations Tuesday (April 12) just before spring recess. A vote is expected when the Senate reconvenes in May.

The bill’s author Rep. John Lawrence (R-Chester County) spoke eloquently to defend the constitutionality of HB 2397 before the vote on the House floor. He cited extensive case law and U.S. Supreme Court decisions showing HB 2397 “passes mustard” and does not run afoul of the supremacy clause, the interstate commerce clause, the 10th amendment of the Constitution or the 1946 Richard B. Russell National School Lunch Act.

The wording of the enabling Richard B. Russell School Lunch Act clearly puts the federal government in the position of “assisting” states, not overtaking them in providing a nutritious school lunch, said Lawrence.

Lawrence chose to make these remarks, citing many relevant Supreme Court decisions on different aspects, to be sure the record reflected this information even though the bill had overwhelming support from colleagues in the House. He said he did so because of the criticism on constitutional grounds coming from outside of the chamber and wanted the verbal record to reflect this information for the press to hear, because they likely wouldn’t read it all if he submitted it for the journal of record.

Lawrence thoroughly and methodically defended its constitutionality, even though the bill already had broad bipartisan support for near-unanimous passage.

“Some in the press contend that this law will run into problems with the Court on the interstate commerce clause,” said Lawrence. On this point, he cited Court decisions that apply in instances where it is based on economic protectionism, whereas HB 2397 is based on a factor completely unrelated to economic protectionism.

“Does this bill burden out of state milk producers? Pennsylvania is not creating a prohibition on milk produced out of the state. One can argue that the federal government has done that,” he explained. “HB 2397 does not discriminate against out-of-state milk. It is adding options, not limiting them. It is giving Pennsylvania schools assurance that they can spend Pennsylvania or local funds for Pennsylvania whole milk. It is the federal government — not Pennsylvania — that has drawn this whole milk line. And the bill makes provisions that if the federal measures again fully smile upon whole milk, then the statute created by House Bill 2397 will sunset.”

Even if 2397 did discriminate, Lawrence cited decisions of the Court that it is valid if for a purpose that cannot be adequately served by reasonable non-discriminatory alternatives. “In this case we do have a valid factor that is totally unrelated to economic protectionism,” said Lawrence, noting that there are at least four valid factors. They are:

1) The primary intent here is to provide nutrient-rich whole milk to the young minds of Pennsylvania school children.

2) It’s the longstanding intent of this body that maintaining our small herd dairy farms is good for the general welfare of the state, said Lawrence: “Many draw a straight line between milk consumption over the last 10 years and the removal of whole milk from schools. There is evidence to back up this claim. The loss of Pennsylvania dairy farms is not solely economic”

3) Parents should have options when it comes to the care of their children, and nothing is more basic to that, than food. “It is indisputable that many reliable studies from top-tier research institutions show the value of whole milk for children who choose to consume it,” said Lawrence.

4) There is a movement toward sourcing consummables closer to their end use. Milk produced and processed in Pennsylvania and sold to a Pennsylvania school is almost always going to have less environmental impact.

A vote in the State Senate is not expected until May when the Senate reconvenes. Back in June 2021, the Senate Majority Policy Committee held a hearing on the federal prohibition of whole milk in schools. I was honored to be among those testifying. (Click here to view hearing here)

Two additional bills introduced by Rep. Lawrence — HB 223 and 224 — received unanimous final passage votes also on Wednesday and were committed to the Senate for concurrence.

HB 223 provides for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania’s dairy industry through tax credits and incentives for new and expanded dairy processing.

HB 224 provides additional authority to the Pennsylvania Milk Marketing Board to collect and distribute board-established premiums through a milk marketing fund, including other provisions such as auditing.

Also passing the Pa. State House by an overwhelming margin Wednesday were HB 1847, introduced by Rep. Christina Sappey (D-Kennett Square), HB 2456, introduced by Rep. Marci Mustello (R-Butler), and HB 2457, introduced by Rep. Joe Kerwin (R-Schuylkill Haven). HB 1847 would change the name of the Pennsylvania Milk Marketing Board to simply the Pennsylvania Milk Board. HB 2456 provides for expansion of penalties in lieu of suspension, and HB 2457 expands PMMB authority to set testing certification fees.

To be continued in Farmshine next week

Tackling school milk at state level: Rep Lawrence introduces whole milk bill, HB 2397, in PA House with 31 cosponsors

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John Lawrence speaking to farmers at a winter meeting two weeks before he introduced HB 2397 Whole Milk for Pennsylvania Schools with 31 cosponsors.

By Sherry Bunting, Farmshine, March 25, 2020

HARRISBURG, Pa. — The Whole Milk for Pennsylvania Schools Act, H.B. 2397, has been officially introduced in the State House by author and prime sponsor State Representative John Lawrence (R-13th). 

Introduced with 31 cosponsors on March 17, the bill is now “pending” in the House Agriculture Committee. This is one of three dairy bills Lawrence has introduced this year.

The provisions of H.B. 2397 would become effective 30 days after passage and would include state notification of all Pennsylvania schools to alert them to the state’s provisions for the purchase and offering of whole milk and reduced fat milk to students, so long as this milk is produced by cows on Pennsylvania farms, bottled in Pennsylvania processing facilities and paid for with state or local funds.

According to Lawrence, there is broad support for the bill in the State House, and he has received favorable responses from members of the State Senate. He has heard from schools, organizations and individuals applauding the tenets of this bill over the past several weeks since circulating his cosponsor letter to colleagues.

When asked recently about the bill, Rep. Lawrence said he was tired of waiting for the federal government to act on this issue of ending the federal prohibition of whole milk in schools. 

After thinking about the dilemma for some time, he had what he described as divine inspiration a couple months ago to structure the bill as an “intra-state” jurisdiction under the 10th Amendment of the U.S. Constitution.

In fact, he thanks God for that inspiration to approach the bill as one that enables schools to voluntarily make choices and structure the voluntary provisions as being a wholly Pennsylvania deal.

“We have jurisdiction on this,” he states.

When milk produced on Pennsylvania farms and processed in a Pennsylvania plant is purchased by a Pennsylvania school with Pennsylvania or local funds, then the federal government has no jurisdiction over what can be offered to students, Lawrence explains.

Specifically, the bill would allow Pennsylvania school boards to utilize funds from state or local sources to obtain whole Pennsylvania milk or reduced fat Pennsylvania milk to provide or sell at a Pennsylvania school. 

In the bill, Pennsylvania whole milk is defined as at least 3% fat and Pennsylvania reduced fat milk is defined as 2% fat. They are further defined as “produced by the milking of cows physically located within the geographic boundaries of this Commonwealth, transported to a dairy processing facility located within the geographic boundaries of this Commonwealth, and processed as fluid milk into containers intended for distribution to consumers.”

The bill would also require the Secretary of Education to notify the superintendent or chief administrator of each Pennsylvania school to inform them of the provisions of the Act within 30 days of passage.

Further, the bill sets forth in Section 6 the right of civil action if any federal agency interferes by withholding or revoking school funds.

Specifically, this section would require the Office of Attorney General, on behalf of a Pennsylvania school, to bring a civil action against the federal government or any other entity to recover funds withheld or revoked as a result of an action taken by the school board to make Pennsylvania whole milk and 2% reduced fat milk available as choices under the “intra-state” — not interstate — provisions of the Act.

The bill also seeks a status report to the chairpersons of the House and Senate Ag Committees – no later than two years after passage. The report would be given by the Secretary of Education in consultation with the Secretary of Agriculture and the Pennsylvania Milk Marketing Board (PMMB).

This report would provide a list of Pennsylvania schools that have elected to provide or sell Pennsylvania whole milk and 2% milk, the approximate increase or decrease in the overall consumption of fluid milk at Pennsylvania schools after the effective date, and the actions taken by the Commonwealth to promote whole milk and 2% milk availability in Pennsylvania schools.

The Whole Milk for Pennsylvania Schools Act, H.B. 2397, includes an expiration section that would require the Secretary of Education to submit notice if/when Congress repeals sections of law pertaining to the National School Lunch Act that currently prohibit these milk offerings in schools or at such time that an update to the Dietary Guidelines has been published — that in either case would effectively end the federal prohibition of whole milk in schools and make these choices available nationally again.

Joining Pennsylvania State Rep. Lawrence as cosponsors of the Whole Milk for Pennsylvania Schools Act are Representatives Clinton Owlett (R-68th), Martin Causer (R-67th), Donald Cook (R-49th), Jim Cox (R-129th), Lynda Schlegel Culver (R-108th), Eric Davanzo (R-58th), Russ Diamond (R-102nd), Torren Ecker (R-193rd), Melinda Fee (R-37th), Nancy Guenst (D-152nd), Joe Hamm (R-84th), David Hickernell (R-98th), Doyle Heffley (R-122nd), Robert James (R-64th), Barry Jozwiak (R-5th), Robert Kauffman (R-89th), Ryan Mackenzie (R-134th), Steven Mentzer (R-97th), David Millard (R-109th), Brett Miller, (R-41st), Eddie Pashinski (D-121st), Tina Pickett (R-110th), Greg Rothman (R-87th), David Rowe (R-85th), Louis Schmitt (R-79th), Brian Smith (R-66th), Perry Stambaugh (R-86th), James Struzzi (R-62nd), Ryan Warner (R-52nd), and David Zimmerman (R-99th).

Lawrence said H.B. 2397 was intentionally numbered so that ‘97’ would be part of the bill number, reflecting the whole milk education efforts of the 97 Milk movement.

“I feel like we are going to see this bill get to the finish line for our Pennsylvania school children and our dairy farmers,” says Bernie Morrissey, chairman of the Grassroots PA Dairy Advisory Committee which organized petition drives with large numbers of  Pennsylvanians signing to support similar legislation at the federal level — Congressman G.T. Thompson’s Whole Milk for Healthy Kids Act.

“We can try to save everyone — and have been trying to do that for several years on this issue. But now, it’s time to focus on Pennsylvania. We can get this done in Pennsylvania and be a leader. This bill is brilliant, and a lot of people are grateful to John Lawrence for writing it,” Morrissey added.

“This is more confirmation of how important whole milk education is,” said 97 Milk chairman Gn Hursh, noting that as consumers have become aware of the benefits of whole milk and the federal prohibition in schools, they are joining farmers to seek these options for their children in schools.

In fact, two recent surveys show more parents choose whole milk and 2% milk for their families. A national Morning Consult survey for IDFA showed 78% of parents of school aged children believed whole milk or 2% milk to be most nutritious for their families. A national food preference survey for YouGov showed 53% of parents prefer whole milk for their children and only 23% preferred fat-free and 1%. 

USDA’s own data show a 24% decline in students selecting milk in the first year after the whole milk ban went into effect in 2012 and a 22% increase in discarded milk on top of that! It has only become worse since then. A recent school trial in Pennsylvania revealed a 52% increase in students selecting milk and a 95% reduction in discarded milk when students had an expanded choice that included whole milk. In that trial, students preferred whole milk 3 to 1 over the skimmed varieties.

Bottomline, milk’s unsurpassed nutritional benefits are only realized by students if they choose milk and actually consume it. 

Pennsylvania Farm Bureau is supporting H.B. 2397, according to Rep. Lawrence. “They called within an hour of seeing the cosponsor letter and said this has their full support,” he said.

PFB, along with members of the Grassroots PA Dairy Advisory Committee and 97 Milk, also testified in support of ending the federal prohibition of whole milk in schools during a Senate policy hearing in June 2021. 

Previously, the Pennsylvania Milk Dealers, Pennsylvania Dairymen’s Association and various other industry organizations have been on record supporting Congressman Glenn Thompson’s bill at the federal level, so the same should hold true for this bill at the state-level.

Stay tuned as the State of Pennsylvania buckles down to tackle the federal prohibition of whole milk in schools… let’s keep the momentum going.

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PA State Rep. John Lawrence champions three dairy bills

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“We have to get real. I want to drink fresh Pennsylvania milk. It’s long past time to stand up for our Pennsylvania dairy farmers who are producing it,” said Pennsylvania State Representative John Lawrence. He told the 300 dairy farmers attending Sensenig’s Feed Mill’s dairy conference about his package of three bills, including HB 2397, the Whole Milk for Pennsylvania Schools Act.

‘It’s time to take a stand for our dairy farmers’

By Sherry Bunting, Farmshine, March 11, 2022

EAST EARL, Pa. – Pennsylvania State Representative John Lawrence (R-13th) has been working on behalf of dairy farmers in what has

seemed like the wilderness in the past decade — representing Chester County and part of Lancaster County. He’s glad to see, in recent years, more of his colleagues are recognizing the situation.

“Pennsylvania dairy farmers are struggling, and we have a decision to make if we want to drink milk produced on Pennsylvania farms,” he said, speaking to farmers attending the customer appreciation dairy conference and luncheon of Sensenig’s Feed Mill. The event drew around 300 to Shady Maple in eastern Lancaster County in early March.

Lawrence has a slate of three bills in the State House — HB 223 would provide tax incentives for dairy processing in the Commonwealth; HB 224 would provide authority to the Pa. Milk Marketing Board (PMMB) to make changes to account for where all of the state-mandated over-order premium goes, which is paid by Pennsylvania consumers on every gallon of milk they buy; and HB 2397 is the new bill he is introducing to be intentional about allowing whole milk in Pennsylvania schools.

The latter is numbered 2397 for a reason, he said. The last two digits of the bill number, 97, coincide with the popular and progressive grassroots 97 Milk education effort, sharing the benefits and facts about whole milk and dairy, virtually 97% fat free.

“Whole milk was outlawed 10 years ago by the federal government. This is towards the top of what I would call the ‘ludicrous list,’” Lawrence said.

Tired of waiting for the federal government to act to correct this situation for schoolchildren and for farmers, Lawrence says the idea for how to approach it at the state level came to him two months ago. It just occurred to him as he thought about the dilemma. 

In fact, he thanks God for that inspiration — the inspiration to approach the bill from the state’s rights aspect of the U.S. Constitution.

“We have jurisdiction on this,” Lawrence explained. 

When milk produced on Pennsylvania farms and processed in a Pennsylvania plant is purchased by a Pennsylvania school with Pennsylvania or local funds, then the federal government has no jurisdiction over what can be offered to students.

That’s the gist of it. 

The federal government lays claim to interstate commerce, but if a school’s milk is supplied strictly through intrastate commerce (within-state commerce), then the milk offered to students comes under state jurisdiction, and the state can allow whole milk, according to Lawrence.

He said the bill is enjoying broad bipartisan support in the House and will be introduced officially very soon.

“We have a robust dairy industry in our Commonwealth. Pennsylvania milk delivered to Pennsylvania plants and offered for sale to Pennsylvania students paid for by state or local funds is intrastate commerce. Who regulates that? We do. The state does. So, the federal government has no say,” Lawrence related.

Under those conditions, “if a school wants to buy Pennsylvania whole milk, then they would have every right to do that and offer it to students,” Lawrence said. “If the federal government would try to withhold other funding from those schools because of it, then we go after them.”

Lawrence is counting on broad support in the State Assembly for the measure. By the amount of feedback he is getting from colleagues, organizations, schools and others, he believes it will pass.

“It’s time to take a stand for our dairy farmers,” he said. “We have lost a generation of milk drinkers getting skim milk and throwing it in the trash.” This bill — HB 2397 — would give Pennsylvania schools the opportunity to offer whole milk and it would support Pennsylvania’s dairy farms and processors at the same time.

As for HB 224 dealing with the PMMB over-order premium, Lawrence said it addresses transparency and accountability. 

“Right now, every gallon of milk sold in Pennsylvania is assessed the over-order premium,” he said. “Pennsylvania consumers are paying this in the price of their milk. That money should all be coming back to you, the Pennsylvania farmers. This bill would account for that.”

He noted that this bill is also finding broad bipartisan support.

HB 223 is the third bill, and straightforward. Lawrence patterned it off the Keystone Opportunity Zones, using the tax credit idea for attracting new businesses and jobs to the Commonwealth. 

“In this case it’s focused on dairy,” he said.

This bill would make those tax credits available to new processing on a large or small scale, including expansion of existing facilities and even on-farm processing.

The stipulation is the entity receiving the tax credits must source 75% of their milk supply to Pennsylvania farms.

“This way we create markets for dairy farms in the Commonwealth. We have to keep our farmers alive because we also have to eat,” Lawrence stated matter-of-factly. “We have to stop taking it for granted.

“We have a choice to make about where we will lay our priorities. We have to get real. I want to drink fresh Pennsylvania milk,” he said. “It’s long past time to stand up for our Pennsylvania dairy farmers who are producing it.” -30-

Advocating strongly for the Whole Milk for Pennsylvania Schools Act are (l-r) Bernie Morrissey, Ken Sensenig, Representative John Lawrence, Mike Sensenig, Devin Shirk and Kyle Sensenig.