PRINTER'S NO. 247
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
297
Session of
2023
INTRODUCED BY BROOKS, GEBHARD, SCHWANK, ARGALL, LANGERHOLC,
PHILLIPS-HILL, STEFANO, PENNYCUICK, BARTOLOTTA, LAUGHLIN,
BROWN, MASTRIANO, COMITTA, MARTIN, COSTA, ROTHMAN, BAKER,
HUTCHINSON, ROBINSON, VOGEL, J. WARD AND AUMENT,
JANUARY 31, 2023
REFERRED TO EDUCATION, JANUARY 31, 2023
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
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distribution to consumers.
"Pennsylvania school." Any 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 money 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 money withheld or
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revoked as a result of an action taken by the school board or
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 Marketing
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 Marketing Board for the purposes of this
act.
Section 8. Expiration.
(a) Notice.--The Secretary of Education shall submit a
notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin upon the occurrence of any of the
following:
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(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
unflavored, in elementary and secondary schools in this
Commonwealth.
(2) An update to 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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