Every year, about 45 million gallons of milk go to waste in U.S. schools. At the same time, one-third of the U.S. population is lactose intolerant—meaning one in three children cannot comfortably or safely drink standard cow’s milk. The numbers are even higher among children of color: 65 percent of Latino students, 75 percent of Black students, and 90 percent of Asian students are lactose intolerant. Because lactose intolerance is so prevalent, offering children a choice of lactose-free milk or plant-based milk may reduce waste by diversifying options and promoting consumption. Plant-based milk has additional environmental benefits, as, on average, it generates one-third or less of the greenhouse gas emissions of cow’s milk, and most varieties use considerably less water.
Laws Governing Milk in Schools
Dairy Milk
Both the National School Lunch Program and the School Breakfast Program require K-12 schools to serve dairy milk as part of reimbursable meals. It must be unflavored, low-fat or fat-free, and meet specific vitamin and sugar content requirements.
Schools can also offer flavored milk alongside the required unflavored milk; and additionally fat-free or low-fat milk—flavored or unflavored—can be sold a la carte.
Other milk choices allowed under the guidelines include:
- Lactose-free and lactose-reduced milk
- Cultured milk, such as cultured buttermilk, cultured kefir milk, and cultured acidophilus milk
- Acidified milk, such as acidified kefir milk and acidified acidophilus milk
- Ultra-high temperature (shelf-stable) milk
These options can be offered without a doctor’s note or parental request.
The USDA encourages schools to offer lactose-free milk to all students; however, USDA does not require schools to do so, nor does USDA provide additional funding for schools to do so.
Schools must, however, provide lactose-free milk as a substitute for students with disabilities, including lactose intolerance. In this case, students must submit a written medical statement documenting their disability to the school food authority.
Plant-based Milk
To receive a substitute for cow’s milk for non-disability reasons, such as personal preference or ethical concerns, the following requirements must be met:
- The school must notify the state agency that the school is implementing a variation allowed under the fluid milk subsection of the National School Lunch Act
- The substitution must be requested in writing by a medical authority or a child’s parent or legal guardian
- The substitution must be nutritionally equivalent to dairy milk and meet the USDA’s nutrition standards
- The school must cover any expenses related to providing the substitute in excess of program reimbursements
- When the above requirements are met, a school may—but is not required to—provide the substitute.
Can States Fix This?
Lactose-free Milk
States have the flexibility to encourage or require schools to provide lactose-free milk without violating federal law. Cost, however, is an implementation barrier, as USDA does not provide additional funding to cover the expense of offering lactose-free milk instead of fat-free or low-fat milk. For example, for Henrico County Public Schools, lactose-free milk was $0.38 more per unit than regular milk.
Plant-based Milk
When it comes to offering plant-based milk, states are limited to the process laid out by federal law, which includes a formal request or medical documentation.
The Bottom Line
Millions of students cannot comfortably consume milk, contributing to significant milk waste. Expanding access to lactose-free milk is a practical step schools and states can take right now to both reduce waste and support students.
While offering plant-based alternatives is more difficult under current federal law, organizations such as Friends of the Earth have published resources to help parents, guardians, and students request substitutes for cow’s milk at school.
As we look for ways to make school meals less wasteful, rethinking milk requirements is one place to start.