WASHINGTON, D.C. — A bipartisan coalition led by U.S. Senator John Fetterman (D-PA), Senator John Kennedy (R-LA), and Senator Cory Booker (D-NJ) has introduced the Freedom in School Cafeterias and Lunches (FISCAL) Act. The proposed legislation seeks to grant schools greater flexibility in offering beverages that are nutritionally comparable to dairy milk, a change designed to better support students who are lactose intolerant or have specific dietary needs.
“We need to be doing whatever it takes to make sure our kids are fed in school,” said Senator Fetterman. “This bipartisan bill cuts the unnecessary red tape in our nutrition assistance programs so students can access meals that work for them and their dietary needs.” He further emphasized the urgency of addressing widespread food insecurity, noting, “There are over 30 million food-insecure children in this country, yet current school lunch policies waste $400 million worth of food each year. Feeding our kids and keeping them healthy isn’t a red or blue issue. I hope my colleagues can all agree with that and work with us to get this signed into law this Congress.”
Breaking Down Barriers in School Nutrition
The National School Lunch Program (NSLP) currently mandates that schools serve milk as part of their reimbursable meals, often without consideration of whether the milk suits the dietary needs of students. Children who require dairy alternatives must follow a cumbersome process, often involving obtaining a doctor’s or parent’s note, and even then, schools may not have adequate substitutes available.
This one-size-fits-all approach disproportionately affects children of color, who are statistically more likely to experience lactose intolerance. Senator Booker highlighted the issue, stating, “Most of this nation’s children of color are lactose intolerant, and yet our school lunch program policy makes it difficult for these kids to access a nutritious fluid beverage that doesn’t make them sick. This bipartisan and bicameral legislation will bring greater equity to the lunchroom by giving students the option to choose a nutritious milk substitute that meets their dietary needs.”
By aligning the NSLP’s policies with those of other federal nutrition programs, the FISCAL Act would enable schools to serve dairy alternatives more easily, reducing barriers to access. Advocates argue that this change would not only promote inclusivity but would also improve nutrition outcomes for millions of children.
Addressing Widespread Food Waste
The FISCAL Act also responds to staggering levels of food waste within the current system. According to U.S. Department of Agriculture data, approximately 40 percent of milk cartons served in schools are discarded unopened. Studies reveal that roughly 150 million gallons of milk are thrown away annually by students, generating an estimated $400 million in losses to taxpayers each year.
“This is a double failure,” remarked Fetterman. “We’re losing hundreds of millions of dollars in wasted milk, and at the same time, we’re failing to provide kids with a drink they can actually consume. We need to do better.”
Bipartisan Support for Equitable Solutions
The introduction of the FISCAL Act underscores an ongoing effort to reduce inefficiencies and barriers in federal nutrition programs. By focusing on solutions that balance practicality with equity, lawmakers behind the bill aim to address both food insecurity and the unique dietary needs of millions of children relying on school meal programs.
The legislation, which has drawn support from both sides of the aisle, will now head to Congress for deliberation. Its sponsors hope the bill will encourage broad consensus, paving the way for its passage and implementation. For students and parents who have long struggled within the limitations of current policies, the act represents a potential shift toward more inclusive and effective school nutrition practices.
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