senate Bill S265

Establishes the New York calcium purchasing preference initiative

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Establishes the New York calcium purchasing preference initiative by instructing the purchasing agent of any governmental entity to give preference to a product containing a higher level of calcium than products of the same type and quality which are equal to or lower in price than products of the same type and quality.

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Bill Details

See Assembly Version of this Bill:
A1666
Versions:
S265
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §305, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4159A, S4159A
2007-2008: S4770, S4770

Sponsor Memo

BILL NUMBER:S265

TITLE OF BILL:
An act
to amend the agriculture and markets law and the education law,
in relation to establishing
the New York calcium purchasing preference
initiative

PURPOSE:
To ensure that purchasing agents give preference to calcium fortified
foods and beverages over non-fortified products in all public
institutions.

SUMMARY OF PROVISIONS:
The bill adds a new subdivision 5-C to section 16 of the agriculture
and markets law, as well as a new subdivision 41 to section 305 of
the education law. This bill will provide for the commissioners of
the New York State Departments of Education, and Agriculture and
Markets to work together in carrying out the mission of the New York
Calcium Purchasing Preference Initiative, which instructs purchasing
agents to give preference to food and beverages that (1) contain a
higher level of calcium than products of the same type and quality;
and (2) are equal to or lower in price than products of the same type
and quality. Under this bill, a purchasing agent shall not be
required to purchase a high calcium food or beverage for any
governmental entity if such preferred food or beverage will interfere
with the treatment or care of any person.

EXISTING LAW:
Purchasing agents are not currently required to give preference to
calcium enriched foods or beverages as instructed in this bill.

JUSTIFICATION:
Calcium deficiencies are an epidemic, costing billions of dollars per
year, every year.
Indeed, calcium deficient diets are found in all generations, races
and genders. The diseases now known to be associated with calcium
deficient diets are osteoporosis, childhood and pregnancy related
hypertension (pre-eclampsia), obesity, colon cancer,
PMS, postpartum depression, kidney stone formation and polycystic
ovary disease.
"Calcium is one of two nutrients that has been singled out by the
federal government as constituting a sufficiently severe deficiency
as to warrant national attention" (Robert Reany, MD, FACP, FAIN,
co-author Indiana Calcium Initiative Consensus Statement) (ICICS).

LEGISLATIVE HISTORY:
2001-2002: S.6291, Referred to Consumer Protection
2003-2004: S.3009, Referred to Consumer Protection
2005-2006: S.1797, Referred to Consumer Protection
2007-2008: S-4770, Referred to Consumer Protection
2009-2010: S.4149, Referred to Consumer Protection

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately; provided, that the
commissioner of agriculture and markets and the commissioner of
education are authorized to promulgate any and all rules and
regulations necessary to implement the provisions of this act on or
before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   265

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the  education  law,
  in relation to establishing the New York calcium purchasing preference
  initiative

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "New  York
calcium purchasing preference initiative".
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C.  ESTABLISH, IN COOPERATION WITH THE  COMMISSIONER  OF  EDUCATION,
THE  NEW  YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.  THE PURCHASING
AGENT FOR ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR  BEVERAGES  TO
BE  PROCESSED  OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED BY SUCH
GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:
  (A) CONTAIN A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE  SAME  TYPE
AND QUALITY; AND
  (B)  ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE AND
QUALITY.
  FOR THE PURPOSES OF  THIS  SUBDIVISION,  "GOVERNMENTAL  ENTITY"  SHALL
MEAN:
  (A) THE STATE OF NEW YORK;
  (B)  A  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
OR CIVIL SUBDIVISION OF THE STATE;
  (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY  OPERATING  A  PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY;
  (D) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
  (E)  AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION, COUN-
CIL, OR OFFICE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01417-01-1

S. 265                              2

  (F)  ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  PERFORMING
PROPRIETARY  FUNCTION  FOR THE STATE, EXCEPT THE LEGISLATURE AND JUDICI-
ARY.
  A  PURCHASING  AGENT  SHALL NOT BE REQUIRED TO PURCHASE A HIGH CALCIUM
FOOD OR BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED  FOOD  OR
BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
  THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
  NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, A
PURCHASING AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER  BEFORE
JULY FIRST, TWO THOUSAND ELEVEN TO PURCHASE FOOD AND BEVERAGES SHALL NOT
BE  REQUIRED  TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHASING
SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
  THE COMMISSIONER SHALL REPORT TO  THE  LEGISLATURE  ON  THE  NEED  FOR
CHANGES  IN  LAW TO FACILITATE THE PURCHASES OF SUCH FOODS AND BEVERAGES
BY A GOVERNMENTAL ENTITY.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 42 to read as follows:
  42. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
AGRICULTURE  AND  MARKETS LAW. THE COMMISSIONER'S RESPONSIBILITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
OF AGRICULTURE AND MARKETS FROM SCHOOL DISTRICTS AND  OTHER  EDUCATIONAL
INSTITUTIONS  UNDER  THE  DEPARTMENT'S JURISDICTION PURCHASING PREFERRED
FOODS AND BEVERAGES. THE COMMISSIONER SHALL REPORT  TO  THE  LEGISLATURE
ABOUT  THE  NEED  FOR  CHANGES IN LAW TO FACILITATE THE PURCHASE OF SUCH
FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
  S 4. This act shall take effect immediately; provided,  however,  that
the  commissioner  of  agriculture  and  markets and the commissioner of
education are authorized to promulgate any and all rules and regulations
necessary to implement the provisions of this  act  on  or  before  such
effective date.

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