senate Bill S7114

2011-2012 Legislative Session

Establishes provisions to combat the incidence of adult and childhood obesity

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Apr 30, 2012 referred to agriculture

Votes

view votes

Jun 5, 2012 - Agriculture committee Vote

S7114
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Jun 5, 2012

S7114 - Bill Details

See Assembly Version of this Bill:
A10101
Current Committee:
Senate Finance
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§3, 16, 281 & 283, Ag & Mkts L; amd §224-b, County L

S7114 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7114

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 county 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 existing programs that combat
childhood obesity that are operated by the Departments of Agriculture
& Markets, Education, and Health. The incidence 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 integrate 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
availability and affordability of locally produced fresh produce to
areas of the state that have a high incidence of childhood obesity.
Such initiatives 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 rational 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 locally 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 inexpensively. 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
statewide 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,

children 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
communities. Further, obesity is known to cause or exacerbate a
number of serious 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. Obesity ranks only second to smoking as a
preventable cause of death. Unfortunately, preventable deaths caused
by obesity conditions is 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 quality 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
activities 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 agencies 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.

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

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

                                  7114

                            I N  S E N A T E

                             April 30, 2012
                               ___________

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
sound dietary and nutritional principles; TO IMPROVE OUR CITIZENS' OVER-
ALL HEALTH AND TO COMBAT THE INCREASING INCIDENCE OF ADULT AND CHILDHOOD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13426-11-2

S. 7114                             2

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
FRESH LOCALLY PRODUCED FRUITS AND VEGETABLES TO HELP COMBAT THE INCREAS-
ING INCIDENCE OF ADULT AND CHILD OBESITY.

S. 7114                             3

  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-
ipating associations and Cornell university under the terms of the annu-
al  memorandum  of agreement. Area program specialists shall be eligible

S. 7114                             4

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.