Bill Text: NY A02321 | 2023-2024 | General Assembly | Introduced
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
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. LBD03994-01-3A. 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.
