S T A T E O F N E W Y O R K
________________________________________________________________________
4176
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
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Introduced by M. of A. GALEF, MILLMAN, SWEENEY, DINOWITZ, ORTIZ, THIELE,
WALKER, MAGNARELLI, SCOZZAFAVA, ESPAILLAT, ALFANO -- Multi-Sponsored
by -- M. of A. CLARK, CROUCH, DelMONTE, DESTITO, DUPREY, GORDON, GOTT-
FRIED, LUPARDO, McENENY, McKEVITT, PHEFFER, SALADINO, WEISENBERG --
read once and referred 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:
Section 1. The education law is amended by adding a new section 920 to
read as follows:
S 920. FRESH FRUIT AND VEGETABLE PROGRAM. 1. THE DEPARTMENT SHALL
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, AT THE OPTION OF SUCH SPONSORS,
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. SUCH FRUITS AND VEGETABLES, TO THE MAXIMUM
EXTENT PRACTICABLE AND IN ACCORDANCE WITH FEDERAL AND STATE STATUTES AND
RULES AND REGULATIONS, SHALL BE GROWN AND PRODUCED IN NEW YORK STATE.
2. FUNDS FOR THE FRESH FRUIT AND VEGETABLE PROGRAM SHALL BE EXPENDED
SUBJECT TO THE LIMITATION OF FUNDS AVAILABLE AND SHALL BE USED TO REIM-
BURSE SPONSORS OF NON-PROFIT SCHOOL LUNCH, BREAKFAST, OR OTHER SCHOOL
CHILD FEEDING PROGRAMS FIVE CENTS PER THE NUMBER OF FEDERALLY REIMBURSA-
BLE BREAKFASTS AND LUNCHES SERVED IN THE PRIOR FISCAL YEAR TO STUDENTS
UNDER SUCH PROGRAM AGREEMENTS ENTERED INTO BY THE DEPARTMENT AND SUCH
SPONSORS, IN ACCORDANCE WITH AN ACT OF CONGRESS ENTITLED THE "NATIONAL
SCHOOL LUNCH ACT", P.L. 79-396, AS AMENDED, OR THE PROVISIONS OF THE
"CHILD NUTRITION ACT OF 1966", P.L. 89-642, AS AMENDED. SUCH FUNDS SHALL
BE PAID DIRECTLY TO SUCH SPONSORS FOR THE PURPOSES OF THE FRESH FRUIT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01725-01-9
A. 4176 2
AND VEGETABLE PROGRAM PROVIDED, HOWEVER, THAT, AT THE REQUEST OF A
SCHOOL DISTRICT OR DISTRICTS WHEN NECESSARY TO PROCURE NEW YORK STATE
GROWN OR PRODUCED FRESH OR MINIMALLY PROCESSED FRUITS AND VEGETABLES
SUCH FUNDS MAY BE DIRECTED TO BE USED BY THE DEPARTMENT OR, BY AGREE-
MENT, OTHER STATE AGENCIES INCLUDING, BUT NOT LIMITED TO THE OFFICE OF
GENERAL SERVICES AND DEPARTMENT OF AGRICULTURE AND MARKETS.
3. THE DEPARTMENT AS PART OF THE FARM-TO-SCHOOL PROGRAM, AUTHORIZED
UNDER SUBDIVISION THIRTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS
TITLE, AS ADDED BY CHAPTER TWO OF THE LAWS OF TWO THOUSAND ONE, SHALL
PROVIDE GUIDANCE AND TECHNICAL ASSISTANCE TO SCHOOLS TO ENCOURAGE
PURCHASES OF NEW YORK STATE GROWN AND PRODUCED FRESH OR MINIMALLY PROC-
ESSED FRUITS AND VEGETABLES. THE DEPARTMENT IN COORDINATION WITH THE
DEPARTMENT OF HEALTH SHALL PROVIDE ASSISTANCE TO SCHOOLS TO ENCOURAGE
CONSUMPTION BY STUDENTS OF THE FRESH OR MINIMALLY PROCESSED FRUITS AND
VEGETABLES.
4. THE COMMISSIONER SHALL ADOPT REGULATIONS TO ADMINISTER THE FRESH
FRUIT AND VEGETABLE PROGRAM WITH THE GOAL OF PROMOTING INCREASED
CONSUMPTION OF FRESH OR MINIMALLY PROCESSED FRUITS AND VEGETABLES BY
STUDENTS AND OF MAXIMIZING THE PROCUREMENT OF NEW YORK STATE FRUITS AND
VEGETABLES BY PURCHASES DIRECTLY BY SPONSORS OF NON-PROFIT SCHOOL BREAK-
FAST, LUNCH OR OTHER CHILD FEEDING PROGRAMS OR BY STATE AGENCIES ON
BEHALF OF SUCH SPONSORS OF NON-PROFIT SCHOOL BREAKFAST, LUNCH OR OTHER
CHILD FEEDING PROGRAMS.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.