senate Bill S2438

Signed by Governor

Establishes provisions to combat the incidence of adult and childhood obesity

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Bill Status


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

  • 17 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / May / 2013
    • 1ST REPORT CAL.649
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2013
    • PASSED SENATE
  • 03 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A6628
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.598
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • SIGNED CHAP.530

Summary

Establishes provisions to combat the incidence of adult and childhood obesity; provides for direct marketing of fresh vegetables and fruits in areas with a high incidence of adult and child obesity; directs Cornell cooperative extension program to offer obesity and respiratory disease prevention programs.

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Bill Details

See Assembly Version of this Bill:
A6628
Versions:
S2438
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§3, 16, 281 & 283, Ag & Mkts L; amd §224-b, County L
Versions Introduced in 2011-2012 Legislative Cycle:
S7114, A10101

Sponsor Memo

BILL NUMBER:S2438

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to combating the incidence of adult and child obesity and
encouraging direct marketing of fresh fruits and vegetables in areas
with a high incidence of adult and child obesity; and to amend the coun-
ty law, in relation to the Cornell cooperative extension system relating
to adult and childhood obesity, asthma, and respiratory illness
prevention

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to more
fully encourage the cooperative integration in the law of already exist-
ing programs that combat childhood obesity that are operated by the
Departments of Agriculture & Markets, Education, and Health. The inci-
dence of childhood obesity is a rapidly growing public health, social,
and economic concern that is adversely affecting the overall health and
wellbeing of our next generation of New Yorkers.

In fact, acute and chronic adverse health conditions such as diabetes,
chronic coronary conditions, and respiratory illnesses caused by obesity
conditions are about to overtake those acute and chronic adverse health
conditions caused by smoking tobacco. This bill attempts to better inte-
grate current programs and laws that relate to combating childhood
obesity.

Further, this bill attempts to integrate activities conducted by the
Department of Agriculture and Markets to facilitate the increased avail-
ability and affordability of locally produced fresh produce to areas of
the state that have a high incidence of childhood obesity. Such initi-
atives to increase the volume, availability and consumption of more
fresh produce in at-risk targeted areas that have a high incidence of
obese individuals could be supplied by locally producing community
gardens and by the shipment of fresh produce by commercial growers into
such targeted areas.

The rationale being that increasing the availability of fresh fruits and
vegetables to underserved areas will increase the consumption of such
foods because they are tastier and more likely to be consumed by at-risk
populations. Further, it is important to better integrate the work of
the Departments of Agriculture & Markets, Education, and Health, with
activities conducted by local volunteer groups, health care providers,
local governments, schools and Cooperative Extension Services.

SUMMARY OF PROVISIONS:

Section 1: Amends Agriculture & Markets Law (Ag. & Markets Law) Section
3 to expand the Declaration of Policy and purposes of the Department to
improve the overall health of New Yorkers and to help combat the
increasing incidence of adult and childhood obesity. The Department
already is charged with the duty to encourage the production of fresh
farm products in this State, this provision merely encourages the

Department to also encourage the consumption of such products by persons
who are obese and in those areas of the State that have a high incidence
of childhood obesity.

Section 2: Amends Ag. & Markets Law section 16 (5-b) which outlines the
General Powers and Duties of the Department to also cooperate with the
Health Department in implementing the Childhood Obesity Program pursuant
to Article 25 of the Public Health Law (PHL) and with the Commissioner
of Education to encourage the production and consumption of fresh local-
ly produced fruits and vegetables by primary and secondary school
students to help combat the increasing incidence of childhood obesity.
In addition, the Department is to cooperate with other federal, state
and local agencies to encourage the expansion of community gardens so as
to increase the availability and affordability of locally grown produce,
to help combat adult and childhood obesity, especially in areas of the
state that have a high incidence of obesity.

Section 3: Amends Ag. & Markets Law section 281, the Declaration of
Legislative Findings for Article 23, which relates to the Department's
powers to encourage the direct marketing of New York agricultural
products. This provision encourages the Department to also help to
encourage the consumption of such locally produced products in a manner
that helps to combat the high incidence of adult and childhood obesity.

Section 4: Amends Ag. & Markets Law section 283 (5) and creates a new
(8-a) which relates to the Department's powers and duties to promote the
direct sale of farm and food products produced in New York to increase
the supply of fresh wholesome foods that can be obtained more inexpen-
sively. Doing so may help to increase the consumption of foods that can
help to combat the high incidence of childhood obesity. Under this
provision, the Department is encouraged to develop direct marketing
programs for the provision of fresh fruits and vegetables in areas
designated by DOH as having a high incidence of childhood obesity.

Section 5: Amends County Law section 224-b to authorize cooperative
extension services to provide in a coordinated manner a local or state-
wide program specialist that relates to adult and childhood obesity,
asthma, or chronic respiratory illness prevention.

Section 6: Effective Date.

JUSTIFICATION: The growing prevalence of overweight and obese children
is a crisis that is facing the entire nation. Obesity related health
care expenditures in New York are some of the highest in the nation.
Further, contrary to the lower prevalence of obesity among adults, chil-
dren in New York are more likely to be obese or overweight when compared
to national trends.

Obesity and overweight conditions in individuals are leading to higher
incidences of life threatening conditions and substantial economic costs
both to the State of New York for health care costs and to employers in
lost work time and higher health care costs. Obesity in children tends

to manifest itself more widely among poorer children and children whose
parents have lower education levels.

The rising incidence of childhood obesity is a serious medical problem
that continues to grow, especially among poorer and minority communi-
ties. Further, obesity is known to cause or exacerbate a number of seri-
ous chronic medical disorders including hypertension, dyslipidemia,
cardiovascular disease, diabetes, and respiratory dysfunction. Nearly
80% of patients with diabetes mellitus are obese, while nearly 70% of
diagnosed cases of cardiovascular disease are related to Obesity. Obesi-
ty ranks only second to smoking as a preventable cause of death. Unfor-
tunately, preventable deaths caused by obesity conditions are rapidly
approaching and will surpass those deaths caused by smoking tobacco.

While the high prevalence of obesity and overweight conditions is an
important public health concern when it affects adults, it should be of
heightened concern that this adult affliction is now becoming more
common among children. When obesity conditions afflict children this
poses significant quality of life detriments to such persons, reduces
the productivity of such individuals over a longer time of their life,
and hastens the onset of many chronic conditions that can hurt the qual-
ity of life of such persons and their families.

It is important for state agencies such as the Departments of Health,
Education, and Agriculture & Markets to coordinate their current activ-
ities to curb this problem and to provide cross references in the law so
that there is a better integration in statute of the interrelationship
of these already existing programs. Further, once New York's state agen-
cies have a more coordinated approach to curb childhood obesity, then
other public stakeholders such as school educators and BOCES can combine
forces with such state agencies and with private stakeholders such as
health care providers, health care facilities, child day care centers,
insurers, and community groups to provide a coordinated way to address
this problem.

PRIOR LEGISLATIVE HISTORY: Related to S.6423 (Klein) that contains a
more comprehensive expansion of obesity programs to combat obesity in
adults and children. Same as S. 7114 of 2012.

EFFECTIVE DATE: January first of the next succeeding year after which
this act shall have become law.

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

                                  2438

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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, in relation to  combat-
  ing  the  incidence  of adult and child obesity and encouraging direct
  marketing of fresh fruits and vegetables in areas with  a  high  inci-
  dence  of  adult  and  child  obesity; and to amend the county law, in
  relation to the Cornell cooperative extension system relating to adult
  and childhood obesity, asthma, and respiratory illness prevention

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

  Section 1. Section 3 of the agriculture and markets law, as amended by
chapter 651 of the laws of 1946, is amended to read as follows:
  S 3. Declaration of policy and purposes.  The agricultural industry is
basic  to  the  life  of  our state. It vitally concerns and affects the
welfare, health, economic well-being and productive and industrial capa-
bilities of all our people. It is the policy and duty of  the  state  to
promote,  foster,  and  encourage the agricultural industry, with proper
standards of living for those engaged therein; to design  and  establish
long-range  programs  for its stabilization and profitable operation; to
increase through education, research, regulation, and scientific  means,
the  quantity, quality, and efficiency of its production; to improve its
marketing system; to encourage adequate and skilled assistance for agri-
cultural enterprises; to maintain at fair prices uncontrolled by  specu-
lation  the  instrumentalities  and  products  of agriculture; to remove
unnecessary or unfair costs and obstacles in the [transporation]  TRANS-
PORTATION,  storage,  processing,  distribution,  marketing, and sale of
agricultural products; to prevent frauds  in  the  traffic  therein;  to
promote an expanded demand for the state's agricultural products and the
intelligent  uses  thereof  by  consumers as pure and wholesome food; to
protect the public health and to eliminate the evils  of  under-nourish-
ment;  to  encourage  the selection and consumption of food according to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06798-01-3

S. 2438                             2

sound dietary and nutritional principles; TO IMPROVE OUR CITIZENS' OVER-
ALL HEALTH AND TO COMBAT THE INCREASING INCIDENCE OF ADULT AND CHILDHOOD
OBESITY; and to make our people conscious of the bond of mutual self-in-
terest between our urban and our rural populations.
  Accordingly, all laws enacted concerning the agricultural industry and
its  allied subjects, whether included in this chapter or not, are to be
deemed an exercise of the police power of the state and a  discharge  of
its  obligations for the promotion of the general welfare through state-
wide laws and regulations, local initiative and government,  cooperative
action  between  groups  and  localities, home-rule measures, individual
enterprise, civic consciousness, and appropriate coordination  with  the
federal  government  and  as  between  educational research institutions
within the state.
  Such laws and  all  governmental  measures  adopted  pursuant  thereto
should  receive  a liberal interpretation and application in furtherance
of the aforesaid policy and purposes.
  S 2. Subdivision 5-b of section 16 of the agriculture and markets law,
as added by chapter 2 of the  laws  of  2001,  is  amended  to  read  as
follows:
  5-b. (A) Establish, in cooperation with the commissioner of education,
a  farm-to-school  program to facilitate and promote the purchase of New
York farm products by schools, universities and other educational insti-
tutions under the jurisdiction of the education department. The  depart-
ment  shall  solicit information from the education department regarding
school  districts  and  other  educational  institutions  interested  in
purchasing  New  York  farm  products, including but not limited to, the
type and amount of such products schools wish to purchase and  the  name
of  the  appropriate contact person from the interested school district.
The department shall make this information readily available  to  inter-
ested  New  York  farmers, farm organizations and businesses that market
New York farm products. The department shall provide information to  the
education  department  and  interested school districts and other educa-
tional institutions about the availability of New  York  farm  products,
including  but not limited to, the types and amount of products, and the
names and contact information of farmers, farm organizations  and  busi-
nesses  marketing  such  products.  The commissioner shall report to the
legislature on the need for changes in law to facilitate  the  purchases
of such products by schools and educational institutions.
  The  department  shall  also coordinate with the education department,
and school food service, education,  health  and  nutrition,  farm,  and
other  interested  organizations in establishing a promotional event, to
be known as New York Harvest For New York Kids Week,  in  early  October
each  year, that will promote New York agriculture and foods to children
through school meal programs and the classroom, at  farms  and  farmers'
markets and other locations in the community.
  (B) COOPERATE WITH THE DEPARTMENT OF HEALTH IN IMPLEMENTING THE CHILD-
HOOD OBESITY PREVENTION PROGRAM PURSUANT TO TITLE EIGHT OF ARTICLE TWEN-
TY-FIVE  OF THE PUBLIC HEALTH LAW AND WITH THE COMMISSIONER OF EDUCATION
TO ENCOURAGE THE PRODUCTION AND CONSUMPTION OF  FRESH  LOCALLY  PRODUCED
FRUITS  AND  VEGETABLES BY ELEMENTARY AND SECONDARY SCHOOL AGED CHILDREN
PURSUANT TO PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO  HELP  COMBAT  THE
INCREASING INCIDENCE OF CHILDHOOD OBESITY.
  (C)  COOPERATE  WITH  FEDERAL,  OTHER  STATE AND MUNICIPAL AGENCIES TO
ENCOURAGE THE EXPANSION OF COMMUNITY GARDENS PURSUANT TO  ARTICLE  TWO-C
OF  THIS  CHAPTER  TO  HELP  ENCOURAGE THE PRODUCTION AND CONSUMPTION OF

S. 2438                             3

FRESH LOCALLY PRODUCED FRUITS AND VEGETABLES TO HELP COMBAT THE INCREAS-
ING INCIDENCE OF ADULT AND CHILD OBESITY.
  S  3.  The  opening  paragraph  of  section 281 of the agriculture and
markets law, as added by chapter 834 of the laws of 1981, is amended  to
read as follows:
  The  legislature  hereby finds that inflation has caused higher prices
in all phases of farm and food production and  farm  and  food  products
distribution;  and  that  the demand, by consumers within the state, for
increasing supplies of wholesome, fresh and  nutritious  farm  and  food
products  provides  a  significant  opportunity  for  the development of
alternative marketing structures for food  grown  within  the  state  by
which such products may be supplied directly to the consuming public. IN
ADDITION,  INCREASING  THE  SUPPLY OF WHOLESOME, FRESH, LOCALLY PRODUCED
FRUITS AND VEGETABLES CAN HELP TO  ENCOURAGE  THE  CONSUMPTION  OF  SUCH
PRODUCE  IN  A  MANNER  THAT HELPS TO COMBAT THE INCREASING INCIDENCE OF
ADULT AND CHILDHOOD OBESITY. REDUCING THE INCIDENCE OF OBESITY CAN  HELP
TO  IMPROVE THE OVERALL HEALTH OF THE GENERAL PUBLIC, HELP TO REDUCE THE
COST OF PROVIDING HEALTH CARE AND REDUCE THE STATE'S COSTS OF  PROVIDING
SUCH CARE.
  S  4. Subdivision 5 of section 283 of the agriculture and markets law,
as added by chapter 834 of the laws of 1981, is amended and a new subdi-
vision 8-a is added to read as follows:
  5. Provide assistance to consumer or non-profit organizations,  PUBLIC
OR  PRIVATE AGENCIES, HOSPITALS AND OTHER HEALTH CARE FACILITIES seeking
to purchase or facilitate the purchase of farm  products  directly  from
producers.
  8-A.  ENCOURAGE  THE  DEVELOPMENT OF DIRECT MARKETING PROGRAMS, WITHIN
AREAS OF THE STATE DESIGNATED BY THE DEPARTMENT OF HEALTH  AS  HAVING  A
HIGH  INCIDENCE  OF CHILDHOOD OBESITY AND TO INCREASE THE CONSUMPTION OF
FRESH FRUITS AND VEGETABLES TO HELP  CURB  THE  INCIDENCE  OF  CHILDHOOD
OBESITY.
  S  5.  Subdivision  1  of section 224-b of the county law, as added by
chapter 575 of the laws of 1989, is amended to read as follows:
  1. Agreements to employ and manage area program specialists.  Notwith-
standing  the  provisions  of  subdivision  eight of section two hundred
twenty-four of this article, two or more  county  cooperative  extension
associations may enter into a separate agreement with Cornell university
to  employ  area  program specialists.   Examples of program areas which
could be funded and delivered through the Cornell cooperative  extension
system  could  include  but not be limited to water quality, solid waste
management, commercial and alternative agricultural  technologies  inte-
grated  pest management, nutrition, diet and health, ADULT AND CHILDHOOD
OBESITY, ASTHMA AND CHRONIC RESPIRATORY  ILLNESS  PREVENTION,  community
and  rural  development,  housing availability and affordability, family
and economic well being, and the complex problems of youth at risk. Such
annual agreements shall identify the  titles  of  the  positions  to  be
supported  and the program areas for which they will provide leadership.
Standards for the employment  of  area  program  specialists,  including
salaries, shall be established by Cornell university, through the direc-
tor of extension in consultation with county cooperative extension asso-
ciations,  apart from standards for the employment of professional staff
under section two hundred twenty-four  of  this  article.  Area  program
specialists  shall, for administrative purposes, receive salary payments
through the Cornell university payroll and for such  purposes  shall  be
deemed  employees  of  Cornell university; provided, however, that their
program activities shall be directed and managed jointly by the  partic-

S. 2438                             4

ipating associations and Cornell university under the terms of the annu-
al  memorandum  of agreement. Area program specialists shall be eligible
to receive the same state or federal  fringe  benefits  as  professional
staff employed by the cooperative extension associations under the terms
of section two hundred twenty-four of this article.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive  immediately,  any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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