S T A T E O F N E W Y O R K
________________________________________________________________________
6628
2013-2014 Regular Sessions
I N A S S E M B L Y
April 12, 2013
___________
Introduced by M. of A. ORTIZ -- read once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06798-01-3
A. 6628 2
sound dietary and nutritional principles; TO IMPROVE OUR CITIZENS' OVER-
ALL HEALTH AND TO COMBAT THE INCREASING INCIDENCE OF ADULT AND CHILDHOOD
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
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FRESH LOCALLY PRODUCED FRUITS AND VEGETABLES TO HELP COMBAT THE INCREAS-
ING INCIDENCE OF ADULT AND CHILD OBESITY.
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-
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ipating associations and Cornell university under the terms of the annu-
al memorandum of agreement. Area program specialists shall be eligible
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.