The new law will allow schools to offer plant-based milks to all kids and to require plant-based options for kids who formally request it
Washington, D.C. — Animal Wellness Action, the Center for a Humane Economy, and Switch4Good today celebrated the U.S. House of Representatives’ passage of S. 222, a bipartisan bill that incorporates core provisions of the Freedom in the School Cafeterias and Lunches (FISCAL) Act into a milk policy bill and fundamentally modernizes national school milk policy for the first time in generations.
With today’s vote, Congress has dismantled an outdated federal mandate requiring cows’ milk on every tray in the National School Lunch Program, expanded access to non-dairy alternatives, and restores flexibility and choices at the lunch counter. President Trump is expected to sign the measure. Animal Wellness Action, the Center, and Switch4Good built coalition of more than 200 animal welfare, medical, nutrition, and child-advocacy organizations supporting the FISCAL Act and urged that its core provisions be added to the original version of S. 222, the Whole Milk for Healthy Kids Act.
Reps. Troy Carter, D-La., and Nancy Mace, R-S.C., led the FISCAL Act, H.R. 2536, in the House, while Senators John Fetterman, D-Pa., John Kennedy, R-La., and Cory Booker, D-N.J., launched the Senate companion. The Senate bill leaders succeeded in inserting key FISCAL Act provisions into S. 222.
“After its 80-year run, the cow’s milk mandate in the National School Lunch Program will end and kids will finally have the choice of selecting a nutritious beverage that they can safely consume,” said Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy. “With perhaps 40 percent of kids in the lunch program showing some degree of lactose intolerance, the long-standing federal policy put millions of kids in a terrible position — drink a beverage that makes them ill or go without any drink and toss the milk in the trash.”
“This is a watershed moment and a tremendous win for our kids, our planet, and the future of school nutrition,” Dotsie Bausch, the founder and executive director of Switch4Good, said. “By supporting the inclusion of plant-based milk in the school lunch line, the House has shown that progress, compassion, and science can triumph together. As an Olympic athlete, I’ve spent my life fighting for what fuels health and human potential, and giving children access to healthier options is a victory that will ripple for generations. This is more than policy; this is a powerful step toward a healthier world.”
“It is abundantly clear that the current milk substitute system that USDA employs is delivering detrimental impacts on students, especially for students of color who are much more likely to be lactose intolerant. Too many children who cannot safely or comfortably consume dairy are being forced to accept containers of cow’s milk on their lunch trays. My wife and children are all lactose intolerant, so I know just how uncomfortable consuming dairy milk can be for someone who cannot process it. I’m proudly supporting the Whole Milk for Healthy Kids Act because it contains provisions that allow for better access to milk alternatives. This ensures the health and nutritional needs of all our nation’s students are met,” said Congressman Troy A. Carter, Sr. (LA-02).
A Long-Overdue Correction to Federal School Lunch Policy
Roughly one in three Americans is lactose intolerant, with rates far higher among Blacks, Latino, Native Americans, Ashkenazi Jews, and Arabs. For these students, mandatory distribution of milk to them often meant daily discomfort, wasted food, or exclusion from full participation in school meals.
Yet federal rules long left schools with little flexibility, forcing them to place milk on trays even when students could not or would not drink it. According to USDA data, nearly 30 percent of milk cartons are discarded unopened each year, resulting in massive milk wastage, squandered taxpayer dollars, and a disregard for the labors of cows who endured the rigors of production only to see their milk thrown in the trash.
The decades-old federal milk mandate has also imposed real and overlooked costs on animals. By requiring dairy milk on every tray regardless of student demand, with no practical opportunity for non-dairy options, the policy incentivized overproduction in the dairy sector, subjecting millions of cows to intensive, high-output production systems designed to meet government-driven volume rather than actual consumption. Dairy cows are routinely bred, confined, and pushed for maximum milk yield through repeated pregnancies and physically taxing production cycles—only to see a substantial share of that milk discarded unopened.
“Each cow is now producing about 25,000 pounds of milk a year, and so much of that output is headed straight for the trash bin because many kids know it makes them sick,” said Pacelle. “It’s not fair to the kids for so many reasons or to the cows who endure many physical hardships during production for no good reason.”
What the Final Legislation Does
As approved by both chambers of Congress, S. 222 amends the Richard B. Russell National School Lunch Act to deliver practical, commonsense reforms, including:
- Allowing schools to offer dairy-free milk options—such as soy, oat, or almond milk—as part of their regular cafeteria offerings.
- Requiring schools to provide a nutritionally sound non-dairy beverage to lactose-intolerant students with a simple note from a parent, guardian, or licensed physician.
- Allowing schools to offer whole and 2% milk, in addition to 1% or no-fat milk.
USDA estimates that discarded milk costs taxpayers hundreds of millions of dollars annually. By reducing waste and aligning offerings with student needs, the legislation represents a win not only for students and families, but also for fiscal stewardship.