NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3640
SPONSOR: Tague TITLE OF BILL:
An act to amend the education law, in relation to requiring public
schools to provide a flavored milk option at scheduled meal periods
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to encourage school-aged children to drink more milk
which in turn increases their nutritional intake and improves their
health while also be distering New York State's dairy industry.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this legislation amends the education law by adding a new
section 915-a which requires that New York State public schools offer at
least one flavored milk option during scheduled meal periods.
Section two sets forth the effective date.
JUSTIFICATION:
We all know the data that shows milk is a healthy, nutritious, and argu-
ably essential option for the developing bodies of children. What many
may not realize, is studies over the last decade have shown that chil-
dren who consume flavored milk drink fewer soft drinks, have better
exposure to calcium and other nutrients, and have a lower body mass
index than non-milk drinkers. With only a few more grams of sugar than
plain milk, but still containing all the same vital nutrients, dieti-
cians have concluded the health benefits of drinking flavored milk far
outweigh the minimal sugar .increase it provides.
Despite the clear health advantages associated with drinking flavored
milk, some schools have proposed doing away with these options during
mealtime, citing a desire to reduce children's sugar intake. This
approach, while well-intended, is detrimental to children's health and
development. Not all children enjoy plain milk, but many will happily
consume the flavored beverage. In fact, New York Farm Bureau reports
that flavored options account for over two-thirds of milk served in
schools.
Restricting milk choice will negatively impact the health, growth, and
development of children in our State. Beyond that, New York's dairy
farmers, who take great pride in producing such a nutritious product,
will quickly feel the economic effect if less milk is consumed in
schools. This bill guarantees children across the State, who receive
meals at school, continue to have access to the healthy and delicious
beverage they enjoy while also maintaining a dependable market for New
York's dairy farmers.
PRIOR LEGISLATIVE HISTORY:
2024:A.3143 held for consideration in Education
2023:A.3143 referred to Education
2022:A.6751 held for consideration in Education
2021:A.6751 referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
upon which it shall have become a law and shall apply to all school
years commencing on or after such date.
STATE OF NEW YORK
________________________________________________________________________
3640
2025-2026 Regular Sessions
IN ASSEMBLY
January 29, 2025
___________
Introduced by M. of A. TAGUE, SMULLEN, DeSTEFANO, HAWLEY, MANKTELOW,
DURSO, MILLER, GALLAHAN, PALMESANO, DAVILA -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to requiring public
schools to provide a flavored milk option at scheduled meal periods
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 915-a
2 to read as follows:
3 § 915-a. Milk options. Each public school in the state shall offer at
4 least one flavored milk option during scheduled meal periods.
5 § 2. This act shall take effect on the first of July next succeeding
6 the date upon which it shall have become a law and shall apply to all
7 school years commencing on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04653-01-5
