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

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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School lunch money scare tactics are holding up PA whole milk bill

Cousins Grace and Bella are my youngest granddaughters, pictured here in 2020 obviously enjoying their milk — mustache and all. They both started kindergarten in 2021, where for the next 12 years, their meals at school will not allow their choice of whole milk or even 2% milk — unless state and/or federal lawmakers act. Children consume 2 meals a day, 5 days a week, 75% of the year at school where they are denied the simple choice, even a la carte. A saddening and maddening state of affairs.

As adults, we should be ashamed of ourselves

By Sherry Bunting, Farmshine, July 8, 2022

I guess it’s true, good dairy bills – for more than a decade now – continue to be introduced in the Pennsylvania legislature, only to pass in the House but then die in the Senate. We’ve seen it with the many bills over the years aimed at amending the Pennsylvania Milk Marketing Law, and now we are seeing it with the Whole Milk in Pennsylvania Schools Act.

HB 2397 was introduced by Representative John Lawrence, and it passed the State House almost unanimously (196 to 2) in April. It then passed the State Senate Agriculture Committee and was re-referred to the State Senate Appropriations Committee, where it sits today digesting the “scare tactics” of its opponents – causing some heartburn for lawmakers thinking USDA could withhold all free and reduced school lunch reimbursements in Pennsylvania.

USDA is the bully waving children’s lunch money like a mighty sword demanding submissive obedience, even suggesting in May that schools lacking appropriate LGBTQ+ policies for “gender affirming” use of locker rooms, rest rooms and sports participation could be denied their free and reduced school lunch reimbursements. USDA has since recanted this notion — saying they meant only to address discrimination associated with the provision of the food. That’s more like it. But that redirection of the Department’s prior statement did not happen until more than 20 states’ Governors and Attorneys General threatened to sue the Biden Administration for using the lunch money of economically disadvantaged children to implement federalized bathroom gender policies.

On whole milk in schools, similar scare tactics are being used to prevent the Pennsylvania state bill from being voted on in the Senate chamber.

Bow thee, oh Pennsylvanians, to King Vilsack and the Dietary Police.

Even a certain farm paper published in Lancaster County has made it their business to take every point of whole milk choice supporters, the evidence, the law, and tear it apart – piece by piece. A head-scratcher, for sure.

I have been digging into the original Richard B. Russell National School Lunch Act of 1946 and the subsequent amendments through the 2010 Healthy Hunger Free Kids Act (HHFKA), as well as various memos from USDA to state nutrition program directors when the ‘Smart Snacks’ rules were implemented to govern a la carte beverages in 2012. I have also read through Pennsylvania Department of Education audits of schools, which are all publicly available. I can find no tie between a state law offering a self-select choice of whole milk (paid for with state or local or parental funds) to students as grounds for withholding free and reduced school meal reimbursements from schools. In fact, quite the contrary. 

Even the individual schools that would choose to provide the choice of whole and/or 2% milk to students could not be threatened with loss of their free and reduced lunch subsidy — as long as the meal pattern for the ‘served’ lunch is met; however, more importantly, it is clear that the only audit feature tied specifically to this reimbursement is that the financial eligibility of the recipients is properly qualified.

Here’s the key: Even if a school is deemed out of compliance on meal pattern or does not have a strong enough ‘wellness policy’ on ‘competing foods’ — as would be the case if whole milk was offered as a choice, USDA does not have the authority to yank the free and reduced school meal subsidy on that basis. This authority is linked to eligibility, financial eligibility.

Research into the 2010 HHFKA shows that the loss of this reimbursement is directly tied to how the students/families are qualified as financially eligible. There are extensive details on this in the law, and the auditing schools go through, the paper trail for eligibility, is extensive. This is a separate audit section from the meal pattern performance.

In fact, in passing the 2010 Healthy Hunger Free Kids Act (HHFKA), the U.S. Congress clearly stated — separately — that schools can receive a 6-cents per eligible meal ‘performance increase’ as an incentive to meet the new HHFKA-prescribed meal patterns and in addressing competing foods and beverages in school wellness policies per USDA. This ‘bonus’ is tied to the Food and Nutrition Board of the Academy of Sciences, not the Dietary Guidelines. (A 2018 National Academy of Sciences review was highly critical of the Dietary Guidelines process.)

In setting a 6-cent performance increase per eligible meal in the 2010 HHFKA, Congress also capped the total to be spent for this meal-pattern incentive at $50 million annually nationwide. This is over and above the separate free and reduced meal reimbursement, itself, which dwarfs the performance bonus at $14 billion annually nationwide. 

These are separate portions of the 2010 HHFKA. In Section E of the law, Failure to Comply spells out precisely what is at risk if a school is not in meal pattern compliance — the 6 cents increase per eligible meal, not the reimbursement for qualified free and reduced meals.

As for the ‘Smart Snacks’ rules promulgated by USDA and implemented fully in 2012, which govern the a la carte beverages and snacks that can be “available” on school premises during school hours? It is important to note that USDA’s own memos to state directors in 2014 clarified that the Department will “provide exemptions for certain foods that are nutrient dense, even if they may not meet all of the specific nutrient requirements.”

Whole milk is a nutrient dense food.

However, in playing ‘dictator’ with our children’s health, USDA chose its exemptions and ignored the nutrient density of whole milk. What did they use as an example in a memo to schools? “Peanut butter and other nut butters are exempt from the total fat and saturated fat standards since these foods are also nutrient dense… and we want students to consume more of these foods,” a memo to state directors stated.

Perhaps Impossible Burger is another ‘exemption’ given its calories, fat and sodium far exceed USDA rules, but it was so-impossibly approved by USDA in May 2021 for actual federal meal reimbursement. Impossible Burger is not particularly nutrient dense – but real beef is, and real beef is greatly limited in school meal pattern compliance, along with the ban on whole milk.

Bottomline, the USDA under Secretary Vilsack in 2012 took aim at beverages. In 2018, while working for DMI as one of dairy checkoff’s highest paid executives serving as President and CEO of the U.S. Dairy Export Council, Tom Vilsack was cheered and awarded during the dairy checkoff founded and funded GENYOUth Gala that year for his “success” in “finally” addressing the beverage situation in schools. 

Those were the words of former President Bill Clinton, a vegan, who spoke at length during the Gala about the beverage problem in the obesity crisis and how his friend Tom is the person who finally “got it done.”

What did he get done? He booted out the whole milk and paved the path for all of PepsiCo’s artificially sweetened and partially artificially sweetened beverages in school cafeterias – the Gatorade Zero, Mountain Dew Kickstart, Diet Coolers, Diet Cola’s, flavored waters – with that blend of high fructose corn syrup and sucralose that keeps them under 60 calories (the USDA threshold for an a la carte beverage per the Smart Snacks rules) and of course fat free – but also nutrition free. (PepsiCo got the GENYOUth Gala award the following year)

Sadly, the U.S. Congress also let dairy farmers down in 2010 by including the reference to the Dietary Guidelines in the one and only sentence on school milk in the HHFKA. All other nutritional references for the meal pattern are linked to the Food and Nutrition Board of the Academy of Sciences. 

Here’s what the HHFKA states under Nutrition Requirements for Fluid Milk Section 9(a)(2)(A) is amended to say: “shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans.” 

Even that milk sentence is ‘loose,’ and open to interpretation. Is the DGA recommendation of consuming ‘less than 10% calories from saturated fat’ a per-food, per-beverage, or per-meal ordinance or a whole-day allotment? 

We are told over and over that the DGAs are recommendations. Somehow USDA didn’t get that memo and decided to use DGAs to bully milk choices of children.

Never mind how counterproductive this is for children. When removing satiating nutrient dense fat from whole nutrient dense foods, kids compensate and replace this with nutritionally empty carbohydrates. 

Such were the early warnings of school foodservice personnel I interviewed over a decade ago as they piloted the draconian rules  before they were implemented. 

Such is also among the recent findings of the Milky Way controlled study by Australian researchers involving two sets of children — one having their milkfat consumption increased and the other having their milkfat consumption decreased. 

Care to guess which group saw a reduction in Body Mass Index percentile? Or which group had higher blood sodium levels? Or what the differences were in other biomarkers related to cardiovascular and metabolic health? (An article about this study appeared in the May 20 edition of Farmshine. It was the group of children who increased milkfat consumption that saw decreased BMI percentile and it was the group of children who decreased milkfat consumption that saw increased blood sodium levels! All other biomarkers for health were the same between the two groups.)

There are so many tentacles behind the scenes of how this whole school meal and school milk thing really work, that it boggles the mind – so much so that vested interests can come in and scare well-intentioned state lawmakers into thinking if they dare pass this bill and make nutrient dense flavorful whole milk available to schoolchildren as a CHOICE, that somehow the economically disadvantaged children of the Commonwealth could go hungry because USDA will take their lunch money. School foodservice directors are undoubtedly scared as well because the free/reduced reimbursements are a huge part of their budgets.

I’ve got news for the opponents of this bill, the State Senate Appropriations Committee, the Governor and the USDA: Our children are already suffering from hunger pangs in math class, and the absence of nutrient density in their school meals – on your watch right now, today. Do you care? Do the opponents of the whole milk bill spewing their scare tactics care?

The federal prohibition of whole milk in schools is the tip of a mighty iceberg that is failing our children while paving the path to an even less healthful future for America and a less economically healthful status for Pennsylvania dairy farms, the backbone of our state’s ag economy into the future.

We just celebrated our nation’s Independence Day, and yet our children cannot choose whole milk at school — even if their locally elected school boards want to offer it and even if their parents pay for it.

No one supporting this bill believes USDA will reimburse the actual whole milk, itself. Supporters just want the choice to be fully recognized as legal so that as parents, grandparents, farmers, citizens we can get about the business of next finding a way to provide this nutrient dense, satiating, delicious option to the children in our communities who consume two meals a day, five days a week, three-quarters of the year at school.

The issue spills out from the schools into other foodservice meals. It is heartwrenching for this reporter to listen to adults involved in dairy checkoff boast to farmers about how they are getting whole milk and cream into McDonald’s coffee drinks, into foodservice hot chocolate, into all of these trendy adult venues – while our children get a tiny fat-free chocolate milk in their happy meal because this school edict spills over into foodservice chains being bullied to do the same outside of school ‘for the kids’.

As adults, we should be ashamed of ourselves and reflect on our pathetic disregard for our children.

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NY launches state bills to put whole milk option back in schools, joins PA in tackling federal prohibition

‘Let’s get this done’All urged to contact New York Governor and state legislators to ‘put whole milk back in schools’

By Sherry Bunting, Farmshine, May 6, 2022

SHARON SPRINGS, N.Y. — It was a rainy, dreary Monday (May 2), but dairy nutrition advocacy was bright and sunny in the feed room at Ridgedale Farm. The Conard family hosted a press conference supporting New York State legislation to bring whole and 2% milk back to schools.

Patterned after the Pennsylvania bill that has already passed the state House and is expected to be voted on in the Senate this month, the New York bill would support schools in their desire to offer more milk options, including whole and 2% milk produced on New York farms. The bill includes provisions for the Commissioner of Education to notify school superintendents about the flexibility as well as for the State Attorney General to file civil suits on behalf of schools if the federal government withholds other-than-milk funding.

While some media outlets continue to point to the superiority of federal regulations, there is a groundswell of state lawmakers saying “enough is enough” when it comes to the children and the farmers being victims of regs based on false narratives that push young people away from the very nutrition they need, and the very nutrients the Dietary Guidelines committee admitted their government-sanctioned dietary patterns are not providing.

The movement to have state legislatures get involved is not – as some would say – ‘political theater.’ No, this is the reality of where ‘we the people’ get a voice in the very sustenance of farms, food, and future generations. 

In Pennsylvania, it began with U.S. Congressman G.T. Thompson (Dist. 15) with H.R. 1861 as well as State Rep. John Lawrence (Dist. 13) with HB 2397. In New York State, it began with Congressman Antonio Delgado (Dist. 19) a prime cosponsor of H.R. 1861 and Assemblyman Chris Tague (Dist. 102) introducing A9990 with 25 cosponsors. Within a week of Tague’s bill, State Senator George Borrello (Dist. 57) sponsored S8999 with cosponsor Peter Oberacker (Dist. 51).

The New York legislation has been referred to each chamber’s Education Committee. Tague and Borrello are Ranking Members of each chamber’s Agriculture Committee.

Tague and Borrello were joined Monday by other supporting lawmakers, government officials, nutrition and education experts, dairy farmers, FFA members, school superintendents, town mayors, school principals, discussing why it is so important and urging a public groundswell to contact all NYS lawmakers and the Governor’s office in support.

“We are going to get whole milk back in schools. We’re dispelling the myths propagated by many over the years,” said Tague.

“I ask every one of you to spread the word — to your friends, to your family, to your neighbors, even your enemies. Ask them to join us. Call, email and text every single member of the New York State legislature. Tell them: ‘Put whole milk back in our schools!” he exclaimed.

“Then call Governor Hochul and tell Kathy we want whole milk back in our schools,” Tague explained that the bill must go through committee, then to the floor, then get voted on, and then it would go to the Governor.

“Government and misinformed people need to stop biting the hand that feeds them,” he added. “We cannot live without good nutritious foods. No farms, no food. How does a young person today make a go at it? Farmers are not only ‘price takers,’ they take everything else that comes at them. There’s never anybody that stands up for them. That ends today. We’re here to stand up for you.”

Senator Borrello reflected on the problem, which he said is “based on false narratives. A long time ago, they convinced us that taking skimmed milk and pouring it on high sugar, no fat, breakfast cereal was somehow a good breakfast choice for kids, and they’ve taken whole milk out of our schools. The result has been more waste, it ends up in the garbage. And what have we told our kids to do? It’s okay to have energy drinks and other things that just aren’t good for your health. We’ve also seen a dramatic rise in obesity rates.”

The data for these dietary patterns just is not there, said Borrello.

“Now we know that having fat in the diet is not only good for kids, it helps with their growth, and the kids that do drink whole milk actually end up with less obesity. The science had changed, but unfortunately, our government has not,” he said. “We should give the children the choice. But most importantly, we should recognize this is a good choice. That’s why this is an important bill. Most people don’t understand, that even whole milk is 97% fat free.”

Borrello observed these current dietary rules have further impact, that they are “the beginning of the push to take us away from products like milk, that want to push us toward things like almond beverage, which is not milk, and other things. That’s the real agenda here. Let’s understand that whole milk is nutritious. It feeds your brain. It feeds your body. It is probably one of the best, most nutritious drinks that you can have. But instead of serving that, they want to push these artificially created products onto our children and tell them that’s okay,” he said.

“We need to give them this (whole milk) choice because it is the right thing to do and because it is also good for agriculture, the most important and largest industry in New York State. People forget that. We are here today from all points of the state standing united to say this is the right time to bring back whole milk into our schools,” Borrello stressed.

Nutrition expert agreed

Toby Amidor, registered dietitian, nutrition expert, food safety consultant, instructor, speaker and author in New York City, drove out from Brooklyn to give her thoughts on the bill and whole milk misconceptions.

She confirmed the 2020-25 Dietary Guidelines for Americans “pinpoint three under-consumed nutrients that are found in milk, that people of all ages, including school age children, adolescent children, even toddlers, they don’t get enough of,” said Amidor.

“Those nutrients are calcium, vitamin D and potassium. Milk is a vehicle that you can get all of this nourishment into children in order to grow and thrive like we want them to. It’s an important thing to give them a choice. Choose (the milk) you want,” she explained.

Amidor was joined by various school system superintendents noting the key concern of student access to nutrition.

“School is where many children get their nourishment. So that’s where you want to give them these choices,” said Amidor. “It’s okay to have the fat in milk… it’s a nourishing drink, the fat increases the palatability of that nourishment – more power to it!”

School officials were blunt

“We have a large food service system and are highly focused on farm-to-school initiatives. Milk is one of those,” said Anita Murphy, Capitol Region Board of Cooperative Educational Services (BOCES) superintendent, representing 24 districts and 80,000 schoolchildren across four NYS counties.

“On a personal level, I don’t drink skim milk. If that’s the only thing there, I pass,” said Murphy. “I think that’s what happens with our children. If you walk into our cafeterias, what you will see is kids passing on milk. A lot of these kids eat two meals a day at school, and that’s it. That’s what they get, so if we don’t give them those things that they need and that they want that are good for them, we are making a mistake. We are willing to lend any support you need to get this done.”

Representing 22 school districts and more than 30,000 students, Dr. Gladys Kruse, Questar III BOCES district superintendent concurred. She thanked the lawmakers for their efforts.

“We need more children to drink milk to get the nutrition they need. We know some of our students get two of their meals a day at our schools. When we hear students throwing away their lunch or their milk, or we hear of farmers having to dump the milk they cannot sell, it is time to reevaluate and reconsider the options and the policies. This legislation is a welcome step in expanding the availability and consumption of milk locally and across the state,” said Dr. Kruse.

Thanking Tague for his leadership, Kruse stated the bill would “provide the flexibility to have more milk options available to our students. This includes whole milk and 2% milk produced here and across the state. From our first beverage as a child to a staple in our daily school lunches, milk is fuel of our young people’s growth and development.”

From the Berne-Knox-Westerlo Central School District, superintendent Dr. Tim Mundell talked about partnership and collaboration, calling the day’s event a great example of that.

“The passage of this bill would help us bring local whole milk to our students, viable nutrition and real value,” said Mundell noting the need for flexibility. “Students get two meals a day from us. Many of our students live in very isolated and rural areas and access to nutritional foods, like whole milk… for their health and well-being, it’s scarce, and it’s scary.”

“When we put kids at the center of all of our decisions and all of our advocacy, great things happen, and the decisions are easy. This (should be) a very easy decision,” he said.

Mundell also observed the losses in enrollments and economic opportunity throughout rural regions of the state. He said FFA leadership learning is so important, and when students are able to see agriculture economically thriving, it gets their minds thinking about life and options after high school.

“Passage of this bill will enhance the capacity of all rural areas in New York State to re-engage in economic development. We are on board for collaboration in making this economic activity happen,” he said.

From the dairy farmer perspective, Ray Dykeman of Dykeman and Sons, Fultonville admitted that farmers prefer being in the field or with the cows and doing the work producing nutritious food, but, he stressed that this advocacy is vital for the future.

“This bill is extremely important for the kids in school (and) for the dairy farmers in the area,” said Dykeman with appreciation to the Conard family and their “beautiful cows” as hosts.

He challenged people to compare whole milk’s label to most other beverage options, “if you can even pronounce half of the ingredients that were made in a laboratory. We were using milk products as many as 10,000 years ago. Why not trust the cow, probably one of the most perfect animals in the world?”

Dykeman also thanked the lawmakers for taking on this issue to bring whole milk back to schools at a time when dairy farms are challenged. “This legislation will support our hard working dairy farm family businesses and get more milk into New York schools. This is very encouraging. Agriculture is our number one industry, and milk is our number one commodity.”

Among the panel of speakers, the New York Farm Bureau and the Northeast Dairy Producers Association (NEDPA), based in Geneseo, were represented. Behind the scenes and joined by 30 other farmers in the Ridgedale feed room were grassroots whole milk promoters Duane Spaulding and Ann Diefendorf. They brought the 97 Milk messages and signage used prominently throughout the event.

In fact, Tague thanked the grassroots efforts of farmers, of 97 Milk, and even mentioned Milk Baleboard originator Nelson Troutman in his opening remarks.

For Farm Bureau, Todd Heyn noted their “long advocacy for the return of whole milk to schools, giving districts the ability to provide this healthy and nutritious dairy product to school kids.”

Heyn reported the bill would “provide additional markets for whole milk, a Class I dairy product that earns dairy farmers a higher price.” 

Heyn said this would support New York dairy farmers and raise awareness to find a workable solution at the national level, explaining that Farm Bureau is formally asking USDA to “follow the science around nutrition and revise the school nutrition guidelines for dairy products in the school lunch programs.”

The energy was really high by the time NEDPA executive director Tonya Van Slyke got to the podium. She talked about dairy farmers are part of a global economy but take pride in what they do locally… especially in schools.

While Tague and Borrello held the sign taken from images at 97milk.com touting all the benefits of whole milk, Van Slyke — a mother and dairy farmer — recalled walking intop the school cafeteria and being asked by the director: “’Dairy farmer, how did you let this happen? Why are they taking the healthy fat away from my babies?’ Nutrition helps them have good brain power.”

As she turned to Tague and thanked him and his colleagues, Van Slyke said: “Let’s get this done,” and the room erupted in echoes and applause.

Tague, a former dairy farmer himself, noted he had actually milked a famous cow in the very barn where the event was held Monday. He worked years ago for Wayne Conard and his father Willis. He made a direct appeal to the farmers, encouraging farmers everywhere to get into the game.

“We have a lot of work to do. This press conference today is just the beginning… the squeaky wheel gets the grease. Sometimes as farmers, we are too proud and too busy to let our voices be heard,” he said. “But folks, it ends today. We’ve got to get up and scream it. We’ve got to make them hear us that enough is enough. 

“Let’s leave here today with one thing in mind: Whole Milk back in our schools!”

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

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

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

PA Lawmakers ready to fight federal government, House Ag passes HB 2397, which would allow whole milk option in schools

By Sherry Bunting, Farmshine, April 1, 2022

HARRISBURG, Pa. – “Today became whole milk day in Harrisburg, and we hope to see these bills on the Governor’s desk soon,” said Chairman Dan Moul of the Pennsylvania State House Committee on Agriculture and Rural Affairs on Wednesday, March 30 about three pieces of legislation authored by Rep. John Lawrence.

The three dairy bills were part of a six-bill package that passed the Ag Committee and are now headed to the House floor and presumably to the Senate chamber. Several State Senators also attended Wednesday’s press conference in support of the dairy bills.

Attracting the most attention, of course, was House Bill 2397 — The Whole Milk for Pennsylvania Schools Act — which was added to the package most recently with 31 cosponsors right out of the gate.

“Government has its place… but one place we do not need the government is in our daily lives in how we raise and nurture our children. Whole milk is healthy. It is proven. There is no disputing that children need this option in their lives to help grow strong. I am proud as chairman to get these bills out of my committee and on to the House floor with bipartisan support. I’m especially excited about House Bill 2397,” said Moul, joining Reps. Lawrence and Owlett, along with other cosponsors and Farm Bureau President Rick Ebert on the steps of the Atrium at the Capitol.

House Bill 2397 provides for Pennsylvania schools to buy Pennsylvania milk produced on Pennsylvania farms with Pennsylvania funds to serve to Pennsylvania children. As long as all of that happens within Pennsylvania, that’s really not an issue that is under the purview of the federal government,” said Rep. Lawrence, representing Chester County and parts of Lancaster County.

“There’s also a provision in this bill that if the federal government tries to pull funds (from a school) or tries to interfere, there will be legal action taken against the federal government so we can ensure this opportunity exists,” Lawrence explained.

Stressing that this bill would make the whole milk option voluntary for schools, Lawrence was quick to point out that, “No school would have to do this, but we know there are schools that are very interested in providing whole milk and whole chocolate milk to their students. This bill would allow them to do that.”

Lawrence went on to explain the background of the bill.

“Here in Pennsylvania, we have a robust dairy industry. We have a tradition that’s really second to none. But due to federal regulations that came down during the Obama administration, for over a decade now, school children in Pennsylvania and across the nation have been unable to enjoy whole milk or my favorite, whole chocolate milk, in school,” he said.

“More than just enjoyment, we know it is important. Leading research shows that whole milk is very beneficial for children in developing the mind,” said Lawrence.

Since the change in 2010, “we have really lost a generation of kids who actually know what milk is supposed to taste like, and oh, by the way, they have missed out on the nutrition from it as well,” said Rep. Owlett, the bill’s prime cosponsor. He represents northern tier counties of Tioga and Bradford. “This (federal regulation) took a huge part of Pennsylvania’s fluid milk market away from our farmers. Pennsylvania is a fluid milk market state.”

Owlett cited statistics showing that since 2010, Pennsylvania has lost 2,140 dairy farms, including 230 lost last year, and has slipped from seventh to eighth, being fifth before these school milk regulations were put in place at the federal level.

“When a single dairy farm sells out, the ripple effect of that is felt throughout the entire community,” said Owlett, noting that in his district, “a tremendous number of farms have been selling out in the last 10 years.”

Citing Penn State numbers from extension agent Craig Williams, Owlett noted that since 2012, Tioga County has lost at least 57 dairy farms and Bradford County at least 142.

“Without a doubt this is in part because of this failed policy that came down from D.C.,” said Owlett. “I really love House Bill 2397, and it is a great honor to work with Rep. Lawrence on this. It is a PA issue, alone, that is the beauty of this bill. If a PA school wants to offer PA whole milk with PA dollars… Guess what federal government? We’re going to do it! If you try to stop us, our attorney general is going to sue you on behalf of a school district.”

Owlett and others noted that this bill is how state lawmakers can “stand up for our farmers, our kids and our schools in Pennsylvania.”

“We want to make sure those kids get the nutrition from milk, and that it actually tastes good, instead of throwing it in the trash can,” said Owlett.

Like Lawrence, Owlett noted there are schools in his district that are looking forward to this option and need this protection to exercise that choice.

Lawmakers thanked the Pennsylvania Farm Bureau for their leadership in promoting the bill in Harrisburg. Speaking for PFB, Rick Ebert said HB 2397 will help foster a new generation of kids who like milk again.

“I have been a dairy farmer for 40 years, and we ship to Turner in Penn Hills,” said Ebert. “They put a lot of products into schools. It is nice to see this support from lawmakers to keep our Pennsylvania dairy industry strong and viable.”

When asked how much money the federal government pays in milk reimbursement right now, Lawrence noted that the overall picture of education funds shows the vast majority, 98 to 99%, comes from state and local funds.

While it is true that schools would not get reimbursed for whole milk they buy to offer students, the larger issue is their fear over education funds being pulled for federal mandates because of “disobeying” federal dietary guidelines with the offering of whole milk as a choice.

“As long as schools use state and local funds to make the whole milk available, this bill gives them protection from those actions,” said Lawrence. “This is optional. If a school wants to go down this road, they would be able to. But if they want to continue down the current path, they can do that too. We know some schools are ready for this, but the long arm of the federal government and that regulatory thrust gives them pause. For those schools that are interested in pursuing this option, the bill provides the protection to make it happen.”

Lawmakers attending the press conference made it clear that this package of bills, especially H.B. 2397, will have a positive impact on Pennsylvania dairy farmers.

When asked how much of an impact, Ebert said simply: “We’ve all seen the steady decline in milk consumption. When we lose farmers, they are not coming back. With every loss of a dairy cow (in PA), we lose $14,000 to $15,000 of economic activity in Pennsylvania. If we sell more product in Pennsylvania, then that boosts the economy for our farmers and the economy for the infrastructure that supports them.”

When asked by a reporter where the Senate stands and the leadership, State Senator Camera Bartolotta, representing Beaver, Greene and Washington counties, spoke up.

“We’ve already been talking about it,” said Senator Barolotta. “We are going to be pushing it along in the Senate as soon as it gets to our chamber. This is going to be good for our farmers, but more importantly, it helps get kids back to (being able) to drink whole milk again that is good for them. It’s time to protect our kids and our dairy farmers and our number one industry.”

Passing the Ag Committee along with H.B. 2397 are two other bills Rep. Lawrence has been working on for many years as reported on recently in Farmshine.

“House Bill 223 provides tax incentives to bring new and additional dairy processing to Pennsylvania that commit to using Pennsylvania milk to provide opportunity for our Pennsylvania dairy farmers,” said Lawrence about the other bills heading to the House floor. “House Bill 224 would provide the Milk Marketing Board with the opportunity to provide more transparency and accountability around the state-mandated over-order milk premium.”

Lawrence stated that he sees the most enthusiasm in the House for H.B. 2397 the Whole Milk for Pennsylvania Schools Act, but all three bills are important for Pennsylvania’s dairy farmers.

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

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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The WHOLE story on IDFA’s school milk poll

The March 24 deadline is fast approaching to comment on future school lunch rules on milkfat and sodium. The dairy industry is focused on making sure 1% low-fat flavored milk is allowed after the next two years of ‘transitional’ flexibility. In fact, an IDFA poll of parents nationally and in New York City showed 85% of parents support the inclusion of 1% low-fat flavored milk as a school option. But here’s the WHOLE story from the poll — 78% of parents deem either whole milk or 2% as “most nutritious” for them and their families! But these were both dropped in 2008-10 as part of the meal and outright prohibited as an a la carte beverage in 2012. A 2020 paper in the Journal of Dairy Science reported just 66% of students chose milk in the 2014-15 school year compared with 75% in 2005. Low-fat 1% and fat-free milk were the rock-bottom vote getters among parents nationally and in New York City. So why in the world does USDA insist on maintaining its prohibition of whole milk and 2% milk? IDFA states that if all students were offered the type of milk they prefer, milk consumption might stop declining or increase. For a majority of Americans, the choice must include the whole milk option as well. Send your comment to USDA by https://www.regulations.gov/commenton/FNS-2020-0038-2936.

By Sherry Bunting, Farmshine, March 11, 2022

NEW YORK CITY – The International Dairy Foods Association (IDFA) announced “overwhelming support” by parents in New York City and nationally for the inclusion of 1% flavored milk in schools. But let’s look a bit deeper.

“Voters in New York City and across the country widely support offering low-fat (1%) flavored milk in public school meals,” the IDFA press release proclaimed about the new Morning Consult national tracking poll they commissioned.

“When asked about including low-fat flavored milk in school meals, parents with kids in public schools were supportive,” the IDFA press release states. “In New York, 90% of voters with kids in public school support including low-fat flavored milk in public school meals. Nationally, 85% of parents feel the same.”

But wait. Here’s the rest of the story… In the 5-part poll, parents in New York City and nationally nearly unanimously agreed that making sure meals are healthy and nutritious for children is a top or important priority.

Reading the full poll results at the link — https://www.idfa.org/resources/voter-polling-on-milk-in-school-meals-conducted-by-morning-consult, we find that nationally and in NYC, parents identified Whole and 2% milk as top choices for nutrition by a wide margin!

Nationally, a majority of parents with kids in school (78%) selected either Whole Milk or 2% reduced-fat milk as the most nutritious options for them and their families. Currently, USDA prohibits both of these choices — Whole (3.25%) and reduced fat (2%) milks — in schools.

Among the New York City school parents polled, 58% chose either Whole milk or 2% milk as most nutritious for them and their families.

Breaking this down, the national poll showed 43% believed Whole milk options to be the most nutritious for them and their families, while 34% of NYC parents chose Whole milk as most nutritious.

Nationally, 35% of parents believe 2% milk to be most nutritious, while among NYC parents that figure was 24%.

This means Whole and 2%, together, got the majority votes for NYC parents, and parents nationally.

How did fat-free and 1% low-fat milk rate above parents in the question about “most nutritious options”?

Of the parents polled nationally, 11% selected 1% low-fat milk and that figure was 12% in NYC.

The percentage of polled parents believing fat-free milk options were most nutritious was 7% nationally and 12% in NYC.

Author’s Note:

Schools should be allowed to offer children the preferred choices of parents by expanding offerings to include whole milk and 2% milk options!

Parents and other health advocates for children and teens know the powerhouse package that REAL WHOLE MILK delivers, and the benefits of milkfat in a healthy diet. But most parents still don’t know the federal government prohibits their kids from having this choice at school.

Bottomline: students (and their parents) should be able to CHOOSE whole milk for childhood nutrition at school. Read some of the big reasons why here: https://www.97milk.com/wp-content/uploads/Why-Whole-Milk.pdf

Send your comments asking USDA to end the whole milk prohibition by deadline of March 24, 2022 at this Federal Register rulemaking docket. https://www.regulations.gov/commenton/FNS-2020-0038-2936

Just keep it simple: Write who you are, why you care, and simply ask USDA to end the prohibition of whole milk in schools so children can choose the milk they love and that way consume it instead of discarding it, therefore receiving the 13 essential nutrients of concern, high quality protein, and other benefits we assume they are getting to be healthy, satisfied, and ready to learn.

Also, contact your Representative in Congress and ask him or her to cosponsor HR 1861, The Whole Milk for Healthy Kids Act, which is up slightly at 89 cosponsors from 31 states. This bill still has zero representation from the New England States as well as no Representatives yet from Delaware, South Carolina, West Virginia, New Mexico, Montana, North Dakota, Wyoming, Oregon, Colorado, Utah and Hawaii.

No matter where you are located, ask your member of Congress to sign on as a cosponsor! This is a bipartisan bill for a bipartisan issue that benefits children and farmers — Win. Win.

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PA State Rep. John Lawrence champions three dairy bills

“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. 

Rep. Lawrence to introduce bill for Whole Milk in PA Schools

Rep. John Lawrence (right) talked about the Whole Milk in Pennsylvania Schools Act, which will soon be formally introduced in the State House. He was joined by (l-r) Bernie Morrissey, chairman of the Grassroots PA Dairy Advisory Committee, Nelson Troutman, 97 Milk Baleboard originator, Kelly Bliss, Huntingdon Co. Dairy Princess, and Crystal Bomgardner, Pa. Alternate Dairy Princess from Lebanon Co. Photo credit: Linda Gilbert

Dairy farmers hear ‘whole’ story: The 97 Milk effort and Pa. State Rep. Lawrence’s new bill

By Sherry Bunting, published in Farmshine, Feb. 25, 2022

BERRYSBURG, Pa. — A bill will soon be introduced in the Pennsylvania State House that would allow Pennsylvania schools to offer the choice of whole milk. The author of the Whole Milk in Pennsylvania Schools Act is Rep. John Lawrence. He circulated a cosponsors letter a few weeks ago.

On Monday, Feb. 21, Lawrence talked about House Bill 2397 at an annual dairy day here at the Berrysburg Community Center in Dauphin County, Pa. The event, attended by over 100 producers and 30 vendors, was hosted by Great Creatures Veterinary Service as a customer appreciation luncheon and workshop.

Berks County dairy farmer Nelson Troutman — initiator of the ‘Drink Whole Milk 97% Fat Free Baleboards’ — was invited by veterinarian Dr. Joy Lenker to talk about the bale art and the progress of the whole milk education movement.

Bernie Morrissey, chairman of the Grassroots PA Dairy Advisory Committee, joined Troutman during his presentation, and they introduced Rep. Lawrence to share the good news about the Pennsylvania whole milk bill.

Lawrence, who represents parts of Lancaster and Chester counties, said he expects to officially introduce the bill with prime cosponsor Clint Owlett, representing Tioga County, when the Pennsylvania General Assembly returns to session in Harrisburg in a few weeks.

During a recent Farmshine phone interview, Lawrence confirmed that his cosponsor memo generated “good support” among colleagues and supportive responses from Pennsylvania Farm Bureau, several other farm organizations, some schools, and most importantly, from dairy farmers, who tell him they are “very grateful.”

Lawrence is concerned about dairy farmers across the state. He has been advocating for them for many years in the General Assembly. He has proposed several bills in the past on other issues related to the PMMB, over order premium distribution, and milk check transparency. Some that passed the House, did not get considered by the Senate before expiring.

“We have had some wins and some setbacks over the years,” said Lawrence. “But this whole milk bill is something I believe will get done. I think there is a lot of support for it and a lot of truth to what the farmers say — that they are losing a whole generation of milk drinkers. There are schools in Pennsylvania that want to provide this choice of whole milk for the kids.”

Lawrence said the bill is structured to deal with this as a state-level issue.

“We want the federal government to address this, to end their prohibition of whole milk in schools, but it has been quite a while now, and they are not addressing it… So we are going to see if we can address it for Pennsylvania,” he affirmed, adding that more details about the bill will be forthcoming when it is formally introduced.

In his cosponsor letter, Lawrence wrote that “due to federal regulations enacted under the Obama Administration, whole (3.25 %) and reduced fat (2%) milk are not served in schools today. Speak with any school cafeteria worker, and they will tell you students are not fans of skim milk. Speak with any dairy farmer in Pennsylvania, and they will tell you that this ill-fated federal directive of removing whole milk from schools is a top concern.”

He also cited studies about the amount of milk wasted at school.

In fact, the federal government did a before-and-after study comparing plate waste in 2011 vs. 2013 to gauge their 2012 ‘nutrition standards’ that reduced the allowable fat content in milk to fat-free or 1%, even for a la carte competing beverage options. This early USDA study showed an immediate 24% reduction in students selecting milk at school and a 22% increase in discarded milk among students who were served the required skimmed milks. 

Subsequent studies show the situation has only worsened over the past decade.

Lawrence’s cosponsor letter explains the mechanics of the state’s interest under the tenth amendment of the U.S. Constitution. 

The memo states: “In the near future, we will introduce the Whole Milk in Pennsylvania Schools Act. This legislation will ensure Pennsylvania students, at Pennsylvania schools, have the option to consume Pennsylvania whole and two percent reduced fat milk paid for with Pennsylvania tax dollars.”

Morrissey said this is welcome news for dairy farmers and the state’s dairy industry, not to mention for the schoolchildren.

He and Troutman were glad to be able to share the good news at the dairy day in Berrysburg.

Troutman showed the Channel 39 public television news video that aired two years ago featuring Troutman and Jackie Behr, marketing manager for the 97 Milk effort, as they explained how the movement got started and what was being accomplished at the start.

He updated attendees to where things are today as 97 Milk celebrated the start of its fourth year this month.

“There is so much to say, but we kept it light,” said Troutman in a phone interview. “I told them about the Pennsylvania Senate hearing back in June, how our committee testified about bringing back the choice of whole milk in schools. Senator Scavello (representing Monroe and Northampton counties) really liked the information on the 6 x 6 card Jackie Behr put together, telling what whole milk provides. I gave him one before the hearing, and he read it two times to be sure it was in the record.”

Troutman confessed he had no idea his painted round bale would lead to a milk education effort with a website, 97milk.com bringing increasing numbers of daily traffic, and social media platforms with monthly average reach of over 300,000 people, as well as some individual posts showing data reaching one million people. He thanks Behr and the 97 Milk board for that, and he thanks Farmshine for telling the story, so other farmers could get involved and bring their ideas.

“It is a team effort,” Troutman confirmed. This teamwork is helping get more cosponsors for the Whole Milk for Healthy Kids Act in Washington. The bipartisan bill was introduced in March 2021 by Rep. G.T. Thompson (R-PA) and Rep. Antonio Delgado (D-NY). It currently stands at 88 cosponsors from 31 states.

The teamwork also led to a 30,000-signature petition, multiple comment drives in USDA rulemaking, speaking engagements with ag and non-ag service groups, and a Pennsylvania school trial demonstrating a 52% increase in students selecting milk and a 95% reduction in discarded milk when students had the option of whole milk, with post-trial surveys showing whole milk was preferred 3 to 1 over low-fat 1% milk.

“I am a positive person, but after that Pa. Milk Marketing Board listening session in Lebanon three years ago, seeing we didn’t get anywhere on some things, I went home feeling like I lost my best cow. That’s the best I can describe it. I thought that listening session was going to break things open, but it didn’t,” Troutman told fellow farmers Monday. “I thought I had to do something, anything, so I painted a bale, and yes, well, this is what happened.”

He observed that one of the biggest things is how this movement is energizing dairy farmers, and agribusiness partners are joining in. There’s a renewed purpose.

“This opened people’s eyes. We finally have a way to promote whole milk, and that is spreading to other states, and we even hear from people in other countries,” Troutman said.

“It’s positive news. We need positive news, and the consumers, they want positive news too. They want to know about milk. We didn’t have a way to promote whole milk… until now. We lost a generation of milk drinkers, and we have to make up for that,” said Troutman. “I saw ADANE just did a webinar on whole fat dairy and mentioned the New Jersey Academy of Pediatrics and Nutrition. I didn’t get to watch it, but this is icing on the cake. We have to keep this going because we are finally starting to get somewhere, in the right direction.”

Nelson Troutman talks about the whole milk education effort and  97milk.com   Photo submitted