PolicyBrief
S. 1236
119th CongressApr 1st 2025
FISCAL Act
IN COMMITTEE

The "FISCAL Act" aims to amend the Richard B. Russell National School Lunch Act, requiring schools to offer a variety of milk options, including both fluid and plant-based milk, in school lunch programs.

John Fetterman
D

John Fetterman

Senator

PA

LEGISLATION

FISCAL Act Proposes Adding Plant-Based Milk Options to National School Lunch Program Menus

The "Freedom in School Cafeterias and Lunches Act," or FISCAL Act, aims to update what kinds of milk schools can offer under the Richard B. Russell National School Lunch Act (NSLA). Essentially, this bill requires schools participating in the national lunch program to provide milk variety, explicitly allowing plant-based alternatives like soy or oat milk alongside traditional dairy milk.

More Choices in the Carton

Under this proposed change to Section 9(a)(2) of the NSLA, schools wouldn't just offer fluid dairy milk; they'd need to provide "Milk," a category broadened to include both traditional and plant-based options. Think almond, soy, oat, or other non-dairy milks showing up in the cafeteria line. This directly addresses students who can't or choose not to drink dairy milk due to allergies (like lactose intolerance), dietary choices (like veganism), or cultural reasons. The bill removes a specific clause (Section 9(a)(2)(A)(iii)) and updates related sections (like 14(f) and 20(c)) to ensure consistency.

The Nutritional Gatekeepers

It's not a free-for-all, though. Any plant-based milk offered must meet existing USDA nutritional guidelines. If a specific plant-based milk isn't covered by current USDA rules, it needs to meet nutritional standards set by the Secretary of Agriculture. This detail is key – it puts the responsibility on the Secretary to define what qualifies as nutritious enough for the lunch program, potentially opening the door to debate about which plant-based options make the cut based on protein, calcium, vitamin D, and other nutrient levels compared to dairy.

Ripple Effects Down the Lunch Line

So, what does this mean practically? For kids and parents dealing with dietary restrictions, it could mean more inclusive and less stressful school lunches. For school food service directors, it means potentially rethinking menus, sourcing new products, managing inventory for more options, and ensuring compliance with the nutritional standards. There's also a potential market shift, possibly benefiting the plant-based beverage industry while potentially impacting the dairy industry's long-standing prominence in school meal programs. The actual impact depends heavily on which plant-based milks meet the standards and how schools implement the new flexibility.