II Calendar No. 293 118th CONGRESS 1st Session H. R. 1147 IN THE SENATE OF THE UNITED STATES December 14, 2023 Received; read the first time December 18, 2023 Read the second time and placed on the calendar AN ACT To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk.

1. Short title This Act may be cited as the Whole Milk for Healthy Kids Act of 2023 . 2. Organic or non-organic Whole milk permissible Section 9(a)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(a)(2) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) In general Lunches served by schools participating in the school lunch program under this Act— (i) shall offer students a variety of fluid milk; (ii) may offer students flavored and unflavored organic or non-organic whole, reduced-fat, low-fat and fat-free fluid milk and lactose-free fluid milk; and (iii) shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student’s diet and that specifies the substitute for fluid milk. ; and (2) by adding at the end the following: (D) Saturated fat Milk fat included in any fluid milk provided under subparagraph (A) shall not be considered saturated fat for purposes of measuring compliance with the allowable average saturated fat content of a meal under section 210.10 of title 7, Code of Federal Regulations (or successor regulations). (E) Prohibition on certain purchases The Secretary shall prohibit schools participating in the school lunch program under this Act from purchasing or offering milk produced by China state-owned enterprises. (F) Limitation on authority The Secretary may not prohibit any school participating in the school lunch program under this Act from offering students the milk described in subparagraph (A)(ii). .