BILL NUMBER: S6900
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the education law and the agriculture and markets law,
in relation to permitting schools located within the state to purchase
certain New York milk
 
PURPOSE:
To authorize and promote the provision of New York milk in New York
schools, including but not limited to whole and reduced fat milk.
 
SUMMARY OF PROVISIONS:
Section 1 amends Education Law by adding a new section 915-a to:
*Define "New York milk" and "school;"
*Authorize the use of state or local funds by schools to provide or sell
New York milk;
*Direct the commissioner to perform outreach to schools to ensure aware-
ness of such authorization, including working with the commissioner of
agriculture and the milk marketing advisory council;
*Require the commissioner to review and consider alternate methods of
promoting availability of New York milk in schools if any federal law,
rule, or regulation prohibits provision or sale;
*Deem that provision of New York milk in schools shall be considered
intrastate commerce; and
*Require a report by the commissioner, in consultation with the commis-
sioner of agriculture and markets and the milk marketing advisory coun-
cil regarding implementation of this section.
Section 2 amends Agriculture and Markets Law to mirror their role in the
education and outreach and reporting requirements pursuant to Education
Law section 915-a.
Section 3 is the effective date.
 
JUSTIFICATION:
The 2010 federal "Healthy, Hunger-Free Kids Act," intended to combat
childhood obesity, mandated that schools serve milk with maximum 1% fat
for unflavored and fat-free only for flavored. However, following enact-
ment, fewer students drank milk with their lunch, white sugary drink
options remain in schools, clearly contradicting the intent of the law.
Whole milk is an excellent source of nutrition for all New Yorkers,
containing no more than 3.5% fat, and one-third of those fatty acids are
Omega-3, which has been linked to many health benefits, including
improved heart health, brain health, and lower risk of cancer. Litera-
ture review of a variety of studies collected in the American Journal of
Clinical Nutrition found that higher fat milk intake is associated with
lower childhood obesity, and that guidelines recommending reduced fat
milk for children may not actually lower the risk of childhood obesity
(1). Data analysis has further shown that consumption of higher-fat milk
in early childhood is not associated with increased obesity or adverse
cardio health over a decade later -failing to support the current policy
preference for lower-fat milk
New York is a leader in dairy production. According to a November 2024
Comptroller's report, New York is 3 in the country in cow milk
production. With more than 1/4 of total state farmland dedicated to
dairy, generating 48% of our total 2022 agricultural sales, it is a
critical part of our local economies.
New York has taken important steps to connect our children with healthy,
local food sources, such as the farm-to-school program that incentivizes
local purchasing. However, the current federal exclusion prevents our
children from accessing healthy, local milk at school. While there was
hope the federal prohibition would be fixed in the Farm Bill, the fail-
ure to pass a Farm Bill over the last few years has left the status quo
in place. In response, this bill authorizes schools to use state and
local funds for purchases of New York milk to ensure our children can
access healthy, local milk as part of their daily routine.
(1) Vanderhout et.al., "Whole milk compared with reduced-fat milk and
childhood overweight: a systematic review and meta-analysis, "American
Journal of Clinical Nutrition, December, 2019.
(2) McGovern et.al., "Association of cow's milk intake in early child-
hood with adiposity and cardiometabolic risk in early adolescence,"
American Journal of Clinical Nutrition, August, 2022.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
Minimal for outreach and education and reporting requirements
 
EFFECTIVE DATE:
30 days after enactment, provided however that it shall be deemed
repealed if the federal law is amended to allow whole milk in schools.

Statutes affected:
S6900: 254-a agriculture and markets law