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HB 1132

AN ACT to create and enact a new section to chapter 15.1-09 of the North Dakota Century Code, relating to whole, two percent, and flavored milk served in schools.

69th Legislative Assembly (2025-26) Introduced by Karen Anderson and 11 co-sponsors

Allows ND school boards or eligible private schools to serve whole, 2% and flavored pasteurized milk via bulk dispensers, overriding certain statutes.

Filed with Secretary Of State 03/24
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Bill Summary · HB 1132

Summary — HB 1132 (North Dakota)

AN ACT to create and enact a new section to chapter 15.1‑09 of the North Dakota Century Code, relating to whole, two percent, and flavored milk served in schools

Main purpose

Allow a local school board or an approved not‑for‑profit nonpublic school in North Dakota to adopt a policy permitting the service of whole, 2% and flavored pasteurized milk to students using bulk (in‑line) milk dispensers, notwithstanding specified state statutes and rules referenced in the bill.

Key provisions

  • Creates a new section in NDCC chapter 15.1‑09 authorizing school districts’ boards or an approved not‑for‑profit nonpublic school to establish a policy that permits a school to serve:
    • Whole pasteurized milk
    • Two‑percent pasteurized milk
    • Flavored pasteurized milk
    • Delivered through a bulk milk dispenser
  • Defines “bulk milk” by reference to the existing statutory definition in NDCC § 4.1‑26‑01.
  • The authorization is explicit “notwithstanding” chapters and title listed in the bill (NDCC chapters 4.1‑05, 4.1‑25, 4.1‑26, 19‑02.1, 23‑09 and title 64), i.e., it permits this school practice even if those provisions would otherwise restrict it.

Who would be affected

  • Local school boards and district food service programs (gain discretion to adopt such a policy).
  • Not‑for‑profit nonpublic schools that are approved by the superintendent of public instruction (may opt in).
  • Students and families (changes available milk options served at school).
  • School food service vendors and equipment suppliers (potential demand for bulk milk dispenser installations and supply of whole/flavored milk).
  • State agencies that administer food, milk and school nutrition laws (may need to account for local policy choices).

Procedural/timeline status

  • Introduced (filed): November 12, 2024.
  • First reading: March 7, 2025; referred to the Public Health committee.
  • Final status reported in provided actions: Died in House Committee at sine die adjournment (May 5, 2025).

Practical considerations / likely impacts

  • The bill is narrowly focused and contains no appropriation or program requirements; fiscal impact would generally be local (costs for equipment, procurement, or vendor changes if a district chooses to implement).
  • Implementation would be voluntary at the district or eligible nonpublic school level; schools that adopt policies would need to address operational, food‑safety, procurement, and potential USDA school‑meal program compatibility issues.
  • Because the bill expressly overrides several statutory chapters and a title, it could alter how state milk/food service rules apply to participating schools; schools and vendors would need to verify compliance with any remaining applicable health and safety requirements.

Compiled from official sources — confirm details with the bill’s official record.

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