Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB179 Latest Draft

Bill / Introduced Version

                             
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
Authorizing the provision or sale of Pennsylvania milk in 
Pennsylvania schools.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Short title.
This act shall be known and may be cited as the Whole Milk in 
Pennsylvania Schools Act.
Section 2.  Definitions.
The following words and phrases when used in this act shall 
have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Pennsylvania milk."  Raw milk produced by the milking of 
cows physically located within the geographic boundaries of this 
Commonwealth, transported to a dairy processing facility located 
within the geographic boundaries of this Commonwealth and 
processed as fluid milk into containers intended for 
distribution to consumers.
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17 "Pennsylvania school."  A school district, cyber charter 
school, charter school, regional charter school, area career and 
technical school or intermediate unit located within this 
Commonwealth.
"Reduced fat Pennsylvania milk."  Pennsylvania milk 
containing 2% milk fat. The term includes Pennsylvania milk that 
has been flavored.
"Whole Pennsylvania milk."  Pennsylvania milk containing at 
least 3% milk fat. The term includes Pennsylvania milk that has 
been flavored.
Section 3.  Milk deemed in stream of intrastate commerce.
Pennsylvania milk that is offered for sale to a Pennsylvania 
school shall be deemed to be in the stream of intrastate 
commerce.
Section 4.  Provision or sale of Pennsylvania milk in 
Pennsylvania schools.
Notwithstanding any other provision of law or regulation, the 
school board or other governing entity of a Pennsylvania school 
may elect to utilize funds from State or local sources to obtain 
whole Pennsylvania milk or reduced fat Pennsylvania milk to 
provide or sell at the Pennsylvania school.
Section 5.  Duties of Secretary of Education.
The Secretary of Education shall notify the superintendent or 
chief administrator of each Pennsylvania school of the 
provisions of this act.
Section 6.  Right of civil action.
The Office of Attorney General shall, on behalf of a 
Pennsylvania school, bring a civil action against the Federal 
Government or any other entity to recover funds withheld or 
revoked as a result of an action taken by the school board or 
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30 other governing entity of the Pennsylvania school under section 
4.
Section 7.  Reporting.
No later than two years after the effective date of this 
section, the Secretary of Education, in consultation with the 
Secretary of Agriculture and the Pennsylvania Milk Board, shall 
issue a report to the chairperson and minority chairperson of 
the Agriculture and Rural Affairs Committee of the Senate and 
the chairperson and minority chairperson of the Agriculture and 
Rural Affairs Committee of the House of Representatives. The 
report shall include all of the following information:
(1)  A list of Pennsylvania schools that have elected to 
provide or sell Pennsylvania milk under section 4.
(2)  The approximate increase or decrease in the 
consumption of fluid milk at Pennsylvania schools since the 
effective date of this section.
(3)  Actions taken by the Commonwealth to promote whole 
milk and reduced fat milk availability in Pennsylvania 
schools.
(4)  Any other information deemed relevant by the 
Secretary of Education, the Secretary of Agriculture or the 
Pennsylvania Milk Board for the purposes of this act.
Section 8.  Expiration.
(a)  Notice.--The Secretary of Education shall transmit a 
notice to the Legislative Reference Bureau for publication in 
the next available issue of the Pennsylvania Bulletin upon the 
occurrence of any of the following:
(1)  The amendment or repeal of 42 U.S.C. § 1758(a)(2)(A) 
(relating to program requirements) , which results in the 
availability of whole milk or reduced fat milk, flavored or 
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30 unflavored, in elementary and secondary schools in this 
Commonwealth.
(2)  An update to the Dietary Guidelines for Americans 
published under 7 U.S.C. § 5341 (relating to establishment of 
dietary guidelines), which permits the availability of whole 
milk or reduced fat milk, flavored or unflavored, in 
elementary and secondary schools in this Commonwealth.
(b)  Expiration.--This act shall expire on the date of 
publication of the notice under subsection (a).
Section 9.  Effective date.
This act shall take effect in 30 days.
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