senate Bill S4924A

2011-2012 Legislative Session

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to local government
Dec 21, 2011 print number 4924a
amend and recommit to local government
Apr 29, 2011 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4924 - Bill Details

See Assembly Version of this Bill:
A7488A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §103, Gen Muni L

S4924 - Bill Texts

view summary

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state; allows waiver if price of such local food products is not reasonably competitive; allows waiver if such food products are not available in sufficient quantity.

view sponsor memo
BILL NUMBER:S4924

TITLE OF BILL:

An act
to amend the general municipal law, in relation to the purchase of local
food products by school districts

SUMMARY OF SPECIFIC PROVISIONS:

Amends Subdivision 9 of section 103 of the general municipal law to
require that school districts, when purchasing food products, give
preference to products grown, produced or harvested in New York
State. It further requires that preference be given to foods
processed in facilities located in New York.

The purchasing requirement shall be waived if the cost of the food
product is not reasonably competitive or does not exceed a cost
premium of ten percent above the cost of comparable out-of-state
products. An exception to the purchasing requirement is also given if
food products are not available in sufficient quantity for purchasing.

JUSTIFICATION:

New York growers and food manufacturers are proud to provide a rich
and diverse array of quality products such as locally grown produce,
syrups and sauces, cheese, honey, meats, pasta and baked goods -
fresh and processed products that never go out of season.

The New York State Pride of New York program was developed to promote
and support the sale of agricultural products grown and food products
processed within New York State. The Program's growing membership now
includes farmers and processors, retailers, distributors, restaurants
and related culinary and support associations all working together to
bring you wholesome, quality New York State products.

In keeping with USDA standards for healthy eating, school districts
throughout the State are being challenged to identify new and cost
effective ways to provide students with the nutrition they need to
lead healthy lives. By requiring schools to procure locally or within
the state, they will be accomplishing two important and necessary
tasks: (1) helping to ensure that young people have well-balanced,
healthy diets with access to farm-fresh produce and (2) contributing
to the local and statewide economy thereby supporting New York's
number one industry, which is agriculture.

FISCAL IMPACT:
None.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately and shall
apply to the academic school year commencing on or after
July 1, 2011.


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

                                  4924

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

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

AN ACT to amend the general municipal law, in relation to  the  purchase
  of local food products by school districts

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

  Section 1. Subdivision 9 of section 103 of the general municipal  law,
as  amended  by  chapter  269 of the laws of 2004, is amended to read as
follows:
  9. Notwithstanding the foregoing provisions of  this  section  to  the
contrary,  a  board  of  education  [may] SHALL, on behalf of its school
district, [separately purchase eggs,  livestock,  fish,  dairy  products
(excluding  milk), juice, grains, and species of fresh fruit and vegeta-
bles directly from New York State producers or growers, or  associations
of  producers and growers] REQUIRE THAT ESSENTIAL COMPONENTS OF ALL FOOD
PRODUCTS PURCHASED ARE GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR
THAT ANY PROCESSING OF SUCH  FOOD  PRODUCTS  TAKE  PLACE  IN  FACILITIES
LOCATED WITHIN NEW YORK STATE, provided that:
  (a)  [such]  AN  association  of producers or growers THAT PRODUCES OR
GROWS EGGS, LIVESTOCK, FISH, DAIRY  PRODUCTS  (EXCLUDING  MILK),  JUICE,
GRAINS,  AND  SPECIES OF FRESH FRUIT AND VEGETABLES, is comprised of ten
or fewer owners of farms who  also  operate  such  farms  and  who  have
combined  to  fill  the order of a school district as herein authorized,
provided however, that a school district may apply to  the  commissioner
of education for permission to purchase from an association of more than
ten owners of such farms when no other producers or growers have offered
to sell to such school;
  (b)  [the  amount  that  may  be  expended by a school district in any
fiscal year for such purchases shall not exceed an amount equal to twen-
ty cents multiplied by the total number  of  days  in  the  school  year
multiplied by the total enrollment of such school district;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10664-01-1

S. 4924                             2

  (c)]  UPON DETERMINATION BY A BOARD OF EDUCATION THAT THE COST OF SUCH
FOOD PRODUCTS IS NOT REASONABLY COMPETITIVE, THE SPECIFICATIONS  REQUIR-
ING  SUCH  PURCHASE SHALL BE WAIVED FOR THAT SPECIFIC FOOD PRODUCT UNTIL
THE NEXT CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR BID. FOR PURPOSES
OF THIS SUBDIVISION "REASONABLY COMPETITIVE" SHALL MEAN THAT THE COST OF
THE  NEW YORK STATE GROWN, PRODUCED, HARVESTED OR PROCESSED FOOD PRODUCT
DOES NOT EXCEED A COST PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPA-
RABLE PRODUCT THAT IS NOT GROWN, PRODUCED, HARVESTED OR PROCESSED IN NEW
YORK STATE.
  (C) UPON DETERMINATION BY A BOARD OF EDUCATION THAT SUCH FOOD PRODUCTS
ARE NOT AVAILABLE IN SUFFICIENT QUANTITY FOR PURCHASING, THE  SPECIFICA-
TIONS  REQUIRING  SUCH  PURCHASE  SHALL BE WAIVED FOR THAT SPECIFIC FOOD
PRODUCT UNTIL THE NEXT CONTRACT FOR SUCH FOOD PRODUCT  IS  LET  OUT  FOR
BID.
  (D)  all  such purchases shall be administered pursuant to regulations
promulgated by the commissioner of education. Such regulations shall: be
developed in consultation  with  the  commissioner  of  agriculture  and
markets  to accommodate and promote the provisions of the farm-to-school
program established pursuant to  subdivision  five-b  of  [the]  section
sixteen of the agriculture and markets law and subdivision thirty-one of
section  three hundred five of the education law as added by chapter two
of the laws of two thousand two;  ensure  that  the  prices  paid  by  a
district for any items so purchased do not exceed the prices of compara-
ble  local  farm  products that are available to districts through their
usual purchases of such items; ensure that all producers and growers who
desire to sell to school districts can  readily  access  information  in
accordance  with  the  farm-to-school  law; include provisions for situ-
ations when more than one producer or grower  seeks  to  sell  the  same
product  to a district to ensure that all such producers or growers have
an equitable opportunity to do so in  a  manner  similar  to  the  usual
purchasing  practices of such districts; develop guidelines for approval
of purchases of items from associations of more  than  ten  growers  and
producers;  and,  to the maximum extent practicable, minimize additional
paperwork, recordkeeping and other similar requirements on both  growers
and producers and school districts.
  S  2.  This  act  shall take effect immediately and shall apply to the
academic school year commencing on or after July 1, 2011; provided that,
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

Co-Sponsors

S4924A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7488A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §103, Gen Muni L

S4924A (ACTIVE) - Bill Texts

view summary

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state; allows waiver if price of such local food products is not reasonably competitive; allows waiver if such food products are not available in sufficient quantity.

view sponsor memo
BILL NUMBER:S4924A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to the purchase of local
food products by school districts

PURPOSE:
The purpose is to promote and support the sale of agricultural
products grown and food products processed within New York State by
requiring that school districts give preference to products grown,
produced, or harvested in New York.

SUMMARY OF PROVISIONS:
Amends Subdivision 9 of section 103 of the general municipal law to
require that school districts, when purchasing food products, give
preference to products grown, produced or harvested in New York
State. It further requires that preference be given to foods
processed in facilities located in New York.

The purchasing requirement shall be waived if the cost of the food
product is not reasonably competitive or does not exceed a cost
premium of ten percent above the cost of comparable out-of-state
products. An exception to the purchasing requirement is also given if
food products are not available in sufficient quantity for purchasing.

JUSTIFICATION:
New York growers and food manufacturers are proud to provide a rich
and diverse array of quality products such as locally grown produce,
syrups and sauces, cheese, honey, meats, pasta and baked goods -
fresh and processed products that never go out of season.

The New York State Pride of New York program was developed to promote
and support the sale of agricultural products grown and food products
processed within New York State. The Program's growing membership now
includes farmers and processors, retailers, distributors, restaurants
and related culinary and support associations all working together to
bring you wholesome, quality New York State products.

In keeping with USDA standards for healthy eating, school districts
throughout the State are being challenged to identify new and cost
effective ways to provide students with the nutrition they need to
lead healthy lives. By requiring schools to procure locally or within
the state, they will be accomplishing two important and necessary
tasks: (1) helping to ensure that young people have well-balanced,
healthy diets with access to farm-fresh produce and (2) contributing
to the local and statewide economy thereby supporting New York's
number one industry, which is agriculture.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to the academic
school year commencing on or after July 1, 2012.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4924--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

Introduced  by  Sens.  MONTGOMERY, OPPENHEIMER -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the general municipal law, in relation to the purchase
  of local food products by school districts

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

  Section  1. Subdivision 9 of section 103 of the general municipal law,
as amended by chapter 269 of the laws of 2004, is  amended  to  read  as
follows:
  9.  Notwithstanding  the  foregoing  provisions of this section to the
contrary, a board of education [may] SHALL,  on  behalf  of  its  school
district,  [separately  purchase  eggs,  livestock, fish, dairy products
(excluding milk), juice, grains, and species of fresh fruit and  vegeta-
bles  directly from New York State producers or growers, or associations
of producers and growers] REQUIRE THAT ESSENTIAL COMPONENTS OF ALL  FOOD
PRODUCTS PURCHASED ARE GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR
THAT  ANY  PROCESSING  OF  SUCH  FOOD  PRODUCTS TAKE PLACE IN FACILITIES
LOCATED WITHIN NEW YORK STATE, provided that:
  (a) [such] AN association of producers or  growers  THAT  PRODUCES  OR
GROWS  EGGS,  LIVESTOCK,  FISH,  DAIRY PRODUCTS (EXCLUDING MILK), JUICE,
GRAINS, AND SPECIES OF FRESH FRUIT AND VEGETABLES, is comprised  of  ten
or  fewer  owners  of  farms  who  also  operate such farms and who have
combined to fill the order of a school district  as  herein  authorized,
provided  however,  that a school district may apply to the commissioner
of education for permission to purchase from an association of more than
ten owners of such farms when no other producers or growers have offered
to sell to such school;
  (b) [the amount that may be expended  by  a  school  district  in  any
fiscal year for such purchases shall not exceed an amount equal to twen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10664-02-1

S. 4924--A                          2

ty  cents  multiplied  by  the  total  number of days in the school year
multiplied by the total enrollment of such school district;
  (c)]  UPON DETERMINATION BY A BOARD OF EDUCATION THAT THE COST OF SUCH
FOOD PRODUCTS IS NOT REASONABLY COMPETITIVE, THE SPECIFICATIONS  REQUIR-
ING  SUCH  PURCHASE SHALL BE WAIVED FOR THAT SPECIFIC FOOD PRODUCT UNTIL
THE NEXT CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR BID. FOR PURPOSES
OF THIS SUBDIVISION "REASONABLY COMPETITIVE" SHALL MEAN THAT THE COST OF
THE NEW YORK STATE GROWN, PRODUCED, HARVESTED OR PROCESSED FOOD  PRODUCT
DOES NOT EXCEED A COST PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPA-
RABLE PRODUCT THAT IS NOT GROWN, PRODUCED, HARVESTED OR PROCESSED IN NEW
YORK STATE.
  (C) UPON DETERMINATION BY A BOARD OF EDUCATION THAT SUCH FOOD PRODUCTS
ARE  NOT AVAILABLE IN SUFFICIENT QUANTITY FOR PURCHASING, THE SPECIFICA-
TIONS REQUIRING SUCH PURCHASE SHALL BE WAIVED  FOR  THAT  SPECIFIC  FOOD
PRODUCT  UNTIL  THE  NEXT  CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR
BID.
  (D) all such purchases shall be administered pursuant  to  regulations
promulgated by the commissioner of education. Such regulations shall: be
developed  in  consultation  with  the  commissioner  of agriculture and
markets to accommodate and promote the provisions of the  farm-to-school
program  established  pursuant  to  subdivision  five-b of [the] section
sixteen of the agriculture and markets law and subdivision thirty-one of
section three hundred five of the education law as added by chapter  two
of  the laws of two thousand [two] ONE; ensure that the prices paid by a
district for any items so purchased do not exceed the prices of compara-
ble local farm products that are available to  districts  through  their
usual purchases of such items; ensure that all producers and growers who
desire  to  sell  to  school districts can readily access information in
accordance with the farm-to-school law;  include  provisions  for  situ-
ations  when  more  than  one  producer or grower seeks to sell the same
product to a district to ensure that all such producers or growers  have
an  equitable  opportunity  to  do  so  in a manner similar to the usual
purchasing practices of such districts; develop guidelines for  approval
of  purchases  of  items  from associations of more than ten growers and
producers; and, to the maximum extent practicable,  minimize  additional
paperwork,  recordkeeping and other similar requirements on both growers
and producers and school districts.
  S 2. This act shall take effect immediately and  shall  apply  to  the
academic school year commencing on or after July 1, 2012; provided that,
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

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