Bill Text: NY S07027 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 7027 (Prior Session Legislation)

Introduced

Bill Title: Directs the department of education to establish a fresh fruit and vegetable program providing sponsors of non-profit school breakfast, lunch or other school child feeding programs with payments for the purchase of fresh or minimally processed fruits and vegetables or providing such sponsors with purchased fresh or minimally processed fruits and vegetables to be offered to students as part of school lunches, breakfasts or snacks in the cafeteria or classroom.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - REFERRED TO EDUCATION [S07027 Detail]

Download: New_York-2009-S07027-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7027
                                   I N  S E N A T E
                                     March 8, 2010
                                      ___________
       Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to establishing the fresh
         fruit and vegetable program
         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 920 to
    2  read as follows:
    3    S  920.  FRESH  FRUIT AND VEGETABLE PROGRAM.   1. THE DEPARTMENT SHALL
    4  ESTABLISH A FRESH FRUIT AND  VEGETABLE  PROGRAM  PROVIDING  SPONSORS  OF
    5  NON-PROFIT  SCHOOL  BREAKFAST,  LUNCH  OR  OTHER  SCHOOL  CHILD  FEEDING
    6  PROGRAMS WITH PAYMENTS FOR THE PURCHASE OF FRESH OR MINIMALLY  PROCESSED
    7  FRUITS  AND  VEGETABLES  OR,  PROVIDING, AT THE OPTION OF SUCH SPONSORS,
    8  PURCHASED FRESH OR MINIMALLY  PROCESSED  FRUITS  AND  VEGETABLES  TO  BE
    9  OFFERED  TO  STUDENTS AS PART OF SCHOOL LUNCHES, BREAKFASTS OR SNACKS IN
   10  THE CAFETERIA OR CLASSROOM. SUCH FRUITS AND VEGETABLES, TO  THE  MAXIMUM
   11  EXTENT PRACTICABLE AND IN ACCORDANCE WITH FEDERAL AND STATE STATUTES AND
   12  RULES AND REGULATIONS, SHALL BE GROWN AND PRODUCED IN NEW YORK STATE.
   13    2.  FUNDS  FOR THE FRESH FRUIT AND VEGETABLE PROGRAM SHALL BE EXPENDED
   14  SUBJECT TO THE LIMITATION OF FUNDS AVAILABLE AND SHALL BE USED TO  REIM-
   15  BURSE  SPONSORS  OF  NON-PROFIT SCHOOL LUNCH, BREAKFAST, OR OTHER SCHOOL
   16  CHILD FEEDING PROGRAMS FIVE CENTS PER THE NUMBER OF FEDERALLY REIMBURSA-
   17  BLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL YEAR  TO  STUDENTS
   18  UNDER  SUCH  PROGRAM  AGREEMENTS ENTERED INTO BY THE DEPARTMENT AND SUCH
   19  SPONSORS, IN ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED  THE  "NATIONAL
   20  SCHOOL  LUNCH  ACT",  P.L.  79-396, AS AMENDED, OR THE PROVISIONS OF THE
   21  "CHILD NUTRITION ACT OF 1966", P.L. 89-642, AS AMENDED. SUCH FUNDS SHALL
   22  BE PAID DIRECTLY TO SUCH SPONSORS FOR THE PURPOSES OF  THE  FRESH  FRUIT
   23  AND  VEGETABLE  PROGRAM  PROVIDED,  HOWEVER,  THAT,  AT THE REQUEST OF A
   24  SCHOOL DISTRICT OR DISTRICTS WHEN NECESSARY TO PROCURE  NEW  YORK  STATE
   25  GROWN  OR  PRODUCED  FRESH  OR MINIMALLY PROCESSED FRUITS AND VEGETABLES
   26  SUCH FUNDS MAY BE DIRECTED TO BE USED BY THE DEPARTMENT  OR,  BY  AGREE-
   27  MENT,  OTHER  STATE AGENCIES INCLUDING, BUT NOT LIMITED TO THE OFFICE OF
   28  GENERAL SERVICES AND DEPARTMENT OF AGRICULTURE AND MARKETS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01725-01-9
       S. 7027                             2
    1    3. THE DEPARTMENT AS PART OF THE  FARM-TO-SCHOOL  PROGRAM,  AUTHORIZED
    2  UNDER  SUBDIVISION  THIRTY-ONE  OF  SECTION  THREE  HUNDRED FIVE OF THIS
    3  TITLE, AS ADDED BY CHAPTER TWO OF THE LAWS OF TWO  THOUSAND  ONE,  SHALL
    4  PROVIDE  GUIDANCE  AND  TECHNICAL  ASSISTANCE  TO  SCHOOLS  TO ENCOURAGE
    5  PURCHASES  OF NEW YORK STATE GROWN AND PRODUCED FRESH OR MINIMALLY PROC-
    6  ESSED FRUITS AND VEGETABLES. THE DEPARTMENT  IN  COORDINATION  WITH  THE
    7  DEPARTMENT  OF  HEALTH  SHALL PROVIDE ASSISTANCE TO SCHOOLS TO ENCOURAGE
    8  CONSUMPTION BY STUDENTS OF THE FRESH OR MINIMALLY PROCESSED  FRUITS  AND
    9  VEGETABLES.
   10    4.  THE  COMMISSIONER  SHALL ADOPT REGULATIONS TO ADMINISTER THE FRESH
   11  FRUIT AND  VEGETABLE  PROGRAM  WITH  THE  GOAL  OF  PROMOTING  INCREASED
   12  CONSUMPTION  OF  FRESH  OR  MINIMALLY PROCESSED FRUITS AND VEGETABLES BY
   13  STUDENTS AND OF MAXIMIZING THE PROCUREMENT OF NEW YORK STATE FRUITS  AND
   14  VEGETABLES BY PURCHASES DIRECTLY BY SPONSORS OF NON-PROFIT SCHOOL BREAK-
   15  FAST,  LUNCH  OR  OTHER  CHILD  FEEDING PROGRAMS OR BY STATE AGENCIES ON
   16  BEHALF OF SUCH SPONSORS OF NON-PROFIT SCHOOL BREAKFAST, LUNCH  OR  OTHER
   17  CHILD FEEDING PROGRAMS.
   18    S  2.  This act shall take effect on the first of July next succeeding
   19  the date on which it shall have become a law.