NY State Senate Bill 2023-S1069

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Jan 10, 2023	referred to education

co-Sponsors

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2023-S1069 (ACTIVE) - Details

See Assembly Version of this Bill:: A2321
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §915-a, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S8999, A9990

2023-S1069 (ACTIVE) - Summary

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

2023-S1069 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1069

SPONSOR: BORRELLO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow schools located within New York to purchase,
provide and sell, whole milk and 2% milk produced in State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the education law by adding a new section 915-a that:

- Defines "New York milk", "reduced fat New York milk", and "whole New
York milk

- Permits school boards to obtain whole New York milk or reduced fat New
York milk to provide or sell at school

- Directs the commissioner of education to notify school districts of
the provisions contained in this legislation

- Requires the attorney general to bring civil action against the feder-
al government or other entity that withheld or revoked funds from a
school as a result of that school providing or selling whole New York
milk or reduced fat New York milk

- Calls for the commissioner of education and commissioner of agricul-
ture and markets to issue a report on the impacts of this legislation.

Section two provides the effective date and conditions for repeal.

 
JUSTIFICATION:

Whole milk is a healthy, nutritious, and arguably essential option for
the developing bodies of children. At 97% fat free, whole milk is a
complete protein and contains thirteen vital nutrients and vitamins,
including many that need to be consumed with fat to be best absorbed by
the body.

While many consider skim, low-fat, and reduced-fat milks to be healthier
options, researchers are now discovering surprising benefits for those
who drink whole milk. Recent studies have found that those who consume
whole-fat dairy may have a lower risk for heart disease and type 2
diabetes, lower blood pressure, an increased satiety without weight
gain, and better sleep. Even more unexpected, it has been found that
children who drink full-fat dairy are leaner and less likely to be over-
weight compared to their peers who do not consume whole milk. As
evidence continues to show that whole milk is a beneficial beverage,
many dieticians are recommending that people, children especially,
consume the type of milk they prefer as part of an overall healthy diet.

Despite its health benefits, whole milk is currently prohibited from
being served in schools due to a federal restriction put in place ten
years ago to lower childhood obesity and diabetes rates. While the poli-
cy was well-intentioned at the time, over the last decade, we have
witnessed these rates continue to rise and have learned that the
restriction could even be exacerbating the problem.

Dairy is an important part of a healthy diet for children and it is
essential that kids are drinking their milk. Since whole milk was
prohibited from being served to students, the amount of milk consumed in
schools has decreased and the amount of milk wasted has increased - not
all children enjoy skim and low-fat milks, but many enjoy the taste of
whole-fat and will happily consume it.

Restricting milk choice negatively impacts the health, growth, and
development of kids in our State. Simply put, children do not get the
benefits of milk's vitamins and nutrients if they are not drinking it.
Beyond that, New York's dairy farmers, who take great pride in producing
such a nutritious product, are feeling the strain of having a limited
milk market in schools. This bill not only guarantees that children
across the State, who receive meals at school, can once again have the
fresh, New York produced, whole milk they enjoy but it also supports New
York's struggling dairy farmers.

 
PRIOR LEGISLATIVE HISTORY:

2022: S.8999 Referred to Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed upon the occurrence
of either of the following: the amendment or repeal of section 9 (a) (2)
(A) of the National School Lunch Act or an update to the Dietary Guide-
lines for Americans published under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 1990.

2023-S1069 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1069
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  BORRELLO,  GALLIVAN,  MATTERA, OBERACKER, O'MARA,
   TEDISCO -- 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 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:
 
   Section  1. The education law is amended by adding a new section 915-a
 to read as follows:
   § 915-A. MILK OPTIONS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "NEW YORK MILK" SHALL MEAN RAW MILK PRODUCED  BY  THE  MILKING  OF
 COWS  PHYSICALLY  LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE STATE,
 TRANSPORTED TO A DAIRY PROCESSING FACILITY LOCATED WITHIN THE GEOGRAPHIC
 BOUNDARIES OF THE STATE AND PROCESSED  AS  FLUID  MILK  INTO  CONTAINERS
 INTENDED FOR DISTRIBUTION TO CONSUMERS.
   (B)  "REDUCED  FAT  NEW YORK MILK" SHALL MEAN NEW YORK MILK CONTAINING
 TWO PERCENT MILK FAT.  THE TERM INCLUDES NEW YORK  MILK  THAT  HAS  BEEN
 FLAVORED.
   (C) "WHOLE NEW YORK MILK" SHALL MEAN NEW YORK MILK CONTAINING AT LEAST
 THREE  PERCENT  MILK  FAT. THE TERM INCLUDES NEW YORK MILK THAT HAS BEEN
 FLAVORED.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  A  SCHOOL BOARD OR OTHER GOVERNING ENTITY OF A SCHOOL LOCATED
 IN THE STATE MAY ELECT TO UTILIZE FUNDS FROM STATE OR LOCAL  SOURCES  TO
 OBTAIN  WHOLE  NEW  YORK MILK OR REDUCED FAT NEW YORK MILK TO PROVIDE OR
 SELL AT SUCH SCHOOL.
   3. THE COMMISSIONER OF EDUCATION SHALL NOTIFY  THE  SUPERINTENDENT  OR
 CHIEF  ADMINISTRATOR  OF  EACH  SCHOOL IN THE STATE OF THE PROVISIONS OF
 THIS SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03994-01-3
 S. 1069                             2

 
   4. THE ATTORNEY GENERAL SHALL, ON BEHALF OF A  SCHOOL  LOCATED  WITHIN
 THE  STATE,  BRING  A CIVIL ACTION AGAINST THE FEDERAL GOVERNMENT OR ANY
 OTHER ENTITY TO RECOVER FUNDS WITHHELD OR REVOKED  AS  A  RESULT  OF  AN
 ACTION  TAKEN  BY  THE  SCHOOL  BOARD  OR OTHER GOVERNING ENTITY OF SUCH
 SCHOOL PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   5.  NO  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMISSIONER  OF
 AGRICULTURE  AND  MARKETS,  SHALL ISSUE A REPORT TO THE GOVERNOR AND THE
 LEGISLATURE. SUCH REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
   (A) A LIST OF SCHOOLS LOCATED WITHIN THE STATE THAT  HAVE  ELECTED  TO
 PROVIDE OR SELL NEW YORK MILK UNDER THIS SECTION.
   (B)  THE  APPROXIMATE INCREASE OR DECREASE IN THE CONSUMPTION OF FLUID
 MILK AT SCHOOLS LOCATED WITHIN THE STATE SINCE  THE  EFFECTIVE  DATE  OF
 THIS SECTION.
   (C)  ACTIONS  TAKEN BY THE STATE TO PROMOTE WHOLE MILK AND REDUCED FAT
 MILK AVAILABILITY IN SCHOOLS LOCATED WITHIN THE STATE.
   (D) ANY OTHER INFORMATION  DEEMED  RELEVANT  BY  THE  COMMISSIONER  OF
 EDUCATION  OR  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  FOR THE
 PURPOSES OF THIS SECTION.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall  expire and be deemed repealed upon the
 occurrence of either of the following:
   1. The amendment or repeal  of  section  9(a)(2)(A)  of  the  National
 School  Lunch  Act  (60  Stat.  230,  42  U.S.C. § 1758(a)(2)(A)), which
 results in the availability of whole milk or reduced fat milk,  flavored
 or unflavored, in elementary and secondary schools in the state.
   2.  An  update to the Dietary Guidelines for Americans published under
 section 301 of the National Nutrition Monitoring  and  Related  Research
 Act  of  1990  (Public Law 101-445, 7 U.S.C.  § 5341), which permits the
 availability of whole milk or reduced fat milk, flavored or  unflavored,
 in elementary and secondary schools in the state.
   Provided, that the commissioner of education shall notify the legisla-
 tive  bill  drafting  commission  upon  the  occurrence  of either event
 described in subdivisions one or two of this section in order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.

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Senate Bill S1069

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S1069 (ACTIVE) - Details

2023-S1069 (ACTIVE) - Summary

2023-S1069 (ACTIVE) - Sponsor Memo

2023-S1069 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1069

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S1069 (ACTIVE) - Details

2023-S1069 (ACTIVE) - Summary

2023-S1069 (ACTIVE) - Sponsor Memo

2023-S1069 (ACTIVE) - Bill Text download pdf

Comments