NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2321
SPONSOR: Tague TITLE OF BILL:
An act to amend the education law, in relation to permitting schools
located within the state to purchase certain New York milk
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will allow schools located within New York to purchase,
provide and sell, whole milk and 2% milk produced in State.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the education law by adding a new section 915-a that:
- Defines "New York milk", "reduced fat New York milk", and "whole New
York milk"
- Permits school boards to obtain whole New York milk or reduced fat New
York milk to provide or sell at school
- Directs the commissioner of education to notify school districts of
the provisions contained in this legislation
- Requires the attorney general to bring civil action against the feder-
al government or other entity that withheld or revoked funds from a
school as a result of that school providing or selling whole New York
milk or reduced fat New York milk
- Calls for the commissioner of education and commissioner of agricul-
ture and markets to issue a report on the impacts of this legislation.
Section two provides the effective date and conditions for repeal.
JUSTIFICATION:
Whole milk is a healthy, nutritious, and arguably essential option for
the developing bodies of children. At 97% fat free, whole milk is a
complete protein and contains thirteen vital nutrients and vitamins,
including many that need to be consumed with fat to be best absorbed by
the body.
While many consider skim, low-fat, and reduced-fat milks to be healthier
options, researchers are now discovering surprising benefits for those
who drink whole milk. Recent studies have found that those who consume
whole-fat dairy may have a lower risk for heart disease and type 2
diabetes, lower blood pressure, an increased satiety without weight
gain, and better sleep. Even more unexpected, it has been found that
children who drink full-fat dairy are leaner and less likely to be over-
weight compared to their peers who do not consume whole milk. As
evidence continues to show that whole milk is a beneficial beverage,
many dieticians are recommending that people, children especially,
consume the type of milk they prefer as part of an overall healthy diet.
Despite its health benefits, whole milk is currently prohibited from
being served in schools due to a federal restriction put in place over
ten years ago to lower childhood obesity and diabetes rates. While the
policy was well-intentioned at the time, over the last decade, we have
witnessed these rates continue to rise and have learned that the
restriction could even be exacerbating the problem.
Dairy is an important part of a healthy diet for children and it is
essential that kids are drinking their milk. Since whole milk was
prohibited from being served to students, the amount of milk consumed in
schools has decreased and the amount of milk wasted has increased - not
all children enjoy skim and low-fat milks, but many enjoy the taste of
whole-fat and will happily consume it.
Restricting milk choice negatively impacts the health, growth, and
development of kids in our State. Simply put, children do not get the
benefits of milk's vitamins and nutrients if they are not drinking it.
Beyond that, New York's dairy farmers, who take great pride in producing
such a nutritious product, are feeling the strain of having a limited
milk market in schools. This bill not only guarantees that children
across the State, who receive meals at school, can once again have the
fresh, New York produced, whole milk they enjoy but it also supports New
York's struggling dairy farmers.
PRIOR LEGISLATIVE HISTORY:
2022: A.9990 referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed upon the occurrence
of either of the following: the amendment or repeal of section 9 (a) (2)
(A) of the National School Lunch Act or an update to the Dietary Guide-
lines for Americans published under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 1990.
