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:

  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
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.

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

                                                           LBD01725-01-9

S. 7027                             2

  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.