HB 179 — An Act authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.

PRINTER'S NO.   858

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 179
                                                Session of
                                                  2025

     INTRODUCED BY LAWRENCE, OWLETT, GREINER, HAMM, JAMES, KAUFFMAN,
        KENYATTA, MOUL, PASHINSKI, REICHARD, SMITH, STAMBAUGH AND
        ZIMMERMAN, MARCH 10, 2025

     REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
        MARCH 10, 2025


                                     AN ACT
 1   Authorizing the provision or sale of Pennsylvania milk in
 2      Pennsylvania schools.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Whole Milk in
 7   Pennsylvania Schools Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Pennsylvania milk."     Raw milk produced by the milking of
13   cows physically located within the geographic boundaries of this
14   Commonwealth, transported to a dairy processing facility located
15   within the geographic boundaries of this Commonwealth and
16   processed as fluid milk into containers intended for
17   distribution to consumers.
 1      "Pennsylvania school."   A school district, cyber charter
 2   school, charter school, regional charter school, area career and
 3   technical school or intermediate unit located within this
 4   Commonwealth.
 5      "Reduced fat Pennsylvania milk."     Pennsylvania milk
 6   containing 2% milk fat. The term includes Pennsylvania milk that
 7   has been flavored.
 8      "Whole Pennsylvania milk."    Pennsylvania milk containing at
 9   least 3% milk fat. The term includes Pennsylvania milk that has
10   been flavored.
11   Section 3.   Milk deemed in stream of intrastate commerce.
12      Pennsylvania milk that is offered for sale to a Pennsylvania
13   school shall be deemed to be in the stream of intrastate
14   commerce.
15   Section 4.   Provision or sale of Pennsylvania milk in
16                Pennsylvania schools.
17      Notwithstanding any other provision of law or regulation, the
18   school board or other governing entity of a Pennsylvania school
19   may elect to utilize funds from State or local sources to obtain
20   whole Pennsylvania milk or reduced fat Pennsylvania milk to
21   provide or sell at the Pennsylvania school.
22   Section 5.   Duties of Secretary of Education.
23      The Secretary of Education shall notify the superintendent or
24   chief administrator of each Pennsylvania school of the
25   provisions of this act.
26   Section 6.   Right of civil action.
27      The Office of Attorney General shall, on behalf of a
28   Pennsylvania school, bring a civil action against the Federal
29   Government or any other entity to recover funds withheld or
30   revoked as a result of an action taken by the school board or

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 1   other governing entity of the Pennsylvania school under section
 2   4.
 3   Section 7.       Reporting.
 4        No later than two years after the effective date of this
 5   section, the Secretary of Education, in consultation with the
 6   Secretary of Agriculture and the Pennsylvania Milk Board, shall
 7   issue a report to the chairperson and minority chairperson of
 8   the Agriculture and Rural Affairs Committee of the Senate and
 9   the chairperson and minority chairperson of the Agriculture and
10   Rural Affairs Committee of the House of Representatives. The
11   report shall include all of the following information:
12              (1)   A list of Pennsylvania schools that have elected to
13        provide or sell Pennsylvania milk under section 4.
14              (2)   The approximate increase or decrease in the
15        consumption of fluid milk at Pennsylvania schools since the
16        effective date of this section.
17              (3)   Actions taken by the Commonwealth to promote whole
18        milk and reduced fat milk availability in Pennsylvania
19        schools.
20              (4)   Any other information deemed relevant by the
21        Secretary of Education, the Secretary of Agriculture or the
22        Pennsylvania Milk Board for the purposes of this act.
23   Section 8.       Expiration.
24        (a)   Notice.--The Secretary of Education shall transmit a
25   notice to the Legislative Reference Bureau for publication in
26   the next available issue of the Pennsylvania Bulletin upon the
27   occurrence of any of the following:
28              (1)   The amendment or repeal of 42 U.S.C. § 1758(a)(2)(A)
29        (relating to program requirements), which results in the
30        availability of whole milk or reduced fat milk, flavored or

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 1      unflavored, in elementary and secondary schools in this
 2      Commonwealth.
 3            (2)   An update to the Dietary Guidelines for Americans
 4      published under 7 U.S.C. § 5341 (relating to establishment of
 5      dietary guidelines), which permits the availability of whole
 6      milk or reduced fat milk, flavored or unflavored, in
 7      elementary and secondary schools in this Commonwealth.
 8      (b)   Expiration.--This act shall expire on the date of
 9   publication of the notice under subsection (a).
10   Section 9.     Effective date.
11      This act shall take effect in 30 days.




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