S T A T E O F N E W Y O R K
________________________________________________________________________
7913
2013-2014 Regular Sessions
I N A S S E M B L Y
June 10, 2013
___________
Introduced by M. of A. JAFFEE -- 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 921 to
read as follows:
S 921. FRESH FRUIT AND VEGETABLE PROGRAM. 1. THE DEPARTMENT SHALL
ESTABLISH A FRESH FRUIT AND VEGETABLE PROGRAM PROVIDING SPONSORS OF
SCHOOL BREAKFAST, LUNCH OR OTHER SCHOOL MEAL 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 BREAKFASTS, LUNCHES OR SNACKS IN THE CAFETERIA OR CLASSROOM. SUCH
FRUITS AND VEGETABLES, TO THE MAXIMUM EXTENT PRACTICABLE AND IN ACCORD-
ANCE 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 TO REIMBURSE SPONSORS OF
SCHOOL BREAKFAST, LUNCH OR OTHER SCHOOL MEAL PROGRAMS UP TO FIVE CENTS
PER THE NUMBER OF FEDERALLY REIMBURSABLE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10285-01-3
A. 7913 2
THE DEPARTMENT OR, BY AGREEMENT, 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 SCHOOL BREAKFAST, LUNCH
OR OTHER SCHOOL MEAL PROGRAMS OR BY STATE AGENCIES ON BEHALF OF SUCH
SPONSORS OF SCHOOL BREAKFAST, LUNCH OR OTHER SCHOOL MEAL PROGRAMS.
S 2. This act shall take effect on the first of July of the next year
succeeding the date on which it shall have become a law.