Bill Text: NY A02321 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits schools located within the state to purchase reduced fat or whole New York milk to provide or sell at such school.

Spectrum: Moderate Partisan Bill (Republican 13-2)

Status: (Introduced) 2024-01-03 - referred to education [A02321 Detail]

Download: New_York-2023-A02321-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2321

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by  M.  of  A. TAGUE, DeSTEFANO, MANKTELOW, WOERNER, HAWLEY,
          BRABENEC, PALMESANO,  JENSEN,  DiPIETRO,  LEMONDES,  MILLER,  MIKULIN,
          GIBBS -- read once and referred to the Committee on Education

        AN  ACT  to  amend  the education law, in relation to permitting schools
          located within the state to purchase certain New York milk

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The education law is amended by adding a new section 915-a
     2  to read as follows:
     3    § 915-a. Milk options. 1. As used in this section, the following terms
     4  shall have the following meanings:
     5    (a) "New York milk" shall mean raw milk produced  by  the  milking  of
     6  cows  physically  located within the geographic boundaries of the state,
     7  transported to a dairy processing facility located within the geographic
     8  boundaries of the state and processed  as  fluid  milk  into  containers
     9  intended for distribution to consumers.
    10    (b)  "Reduced  fat  New York milk" shall mean New York milk containing
    11  two percent milk fat.  The term includes New York  milk  that  has  been
    12  flavored.
    13    (c) "Whole New York milk" shall mean New York milk containing at least
    14  three  percent  milk  fat. The term includes New York milk that has been
    15  flavored.
    16    2. Notwithstanding any other provision of law  or  regulation  to  the
    17  contrary,  a  school board or other governing entity of a school located
    18  in the state may elect to utilize funds from state or local  sources  to
    19  obtain  whole  New  York milk or reduced fat New York milk to provide or
    20  sell at such school.
    21    3. The commissioner of education shall notify  the  superintendent  or
    22  chief  administrator  of  each  school in the state of the provisions of
    23  this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03994-01-3
        A. 2321                             2

     1    4. The attorney general shall, on behalf of a  school  located  within
     2  the  state,  bring  a civil action against the federal government or any
     3  other entity to recover funds withheld or revoked  as  a  result  of  an
     4  action  taken  by  the  school  board  or other governing entity of such
     5  school pursuant to subdivision two of this section.
     6    5.  No  later than two years after the effective date of this section,
     7  the commissioner of education, in consultation with the commissioner  of
     8  agriculture  and  markets,  shall issue a report to the governor and the
     9  legislature. Such report shall include all of the following information:
    10    (a) A list of schools located within the state that  have  elected  to
    11  provide or sell New York milk under this section.
    12    (b)  The  approximate increase or decrease in the consumption of fluid
    13  milk at schools located within the state since  the  effective  date  of
    14  this section.
    15    (c)  Actions  taken by the state to promote whole milk and reduced fat
    16  milk availability in schools located within the state.
    17    (d) Any other information  deemed  relevant  by  the  commissioner  of
    18  education  or  the  commissioner  of  agriculture  and  markets  for the
    19  purposes of this section.
    20    § 2. This act shall take effect on the thirtieth day  after  it  shall
    21  have  become  a  law  and  shall  expire and be deemed repealed upon the
    22  occurrence of either of the following:
    23    1. The amendment or repeal  of  section  9(a)(2)(A)  of  the  National
    24  School  Lunch  Act  (60  Stat.  230,  42  U.S.C. § 1758(a)(2)(A)), which
    25  results in the availability of whole milk or reduced fat milk,  flavored
    26  or unflavored, in elementary and secondary schools in the state.
    27    2.  An  update to the Dietary Guidelines for Americans published under
    28  section 301 of the National Nutrition Monitoring  and  Related  Research
    29  Act  of  1990  (Public Law 101-445, 7 U.S.C.  § 5341), which permits the
    30  availability of whole milk or reduced fat milk, flavored or  unflavored,
    31  in elementary and secondary schools in the state.
    32    Provided, that the commissioner of education shall notify the legisla-
    33  tive  bill  drafting  commission  upon  the  occurrence  of either event
    34  described in subdivisions one or two of this section in order  that  the
    35  commission  may  maintain  an accurate and timely effective data base of
    36  the official text of the laws of the state of New York in furtherance of
    37  effectuating the provisions of section 44 of  the  legislative  law  and
    38  section 70-b of the public officers law.