senate Bill S1332A

2013-2014 Legislative Session

Establishes the New York calcium purchasing preference initiative

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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
Jan 30, 2014 print number 1332a
amend and recommit to agriculture
Jan 08, 2014 referred to agriculture
Jan 09, 2013 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

S1332 - Bill Details

See Assembly Version of this Bill:
A3628A
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §305, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S265, A1666
2009-2010: S4159A

S1332 - Bill Texts

view summary

Establishes the New York calcium purchasing preference initiative by instructing the purchasing agent of any governmental entity to give preference to a product containing a higher level of calcium than products of the same type and quality which are equal to or lower in price than products of the same type and quality.

view sponsor memo
BILL NUMBER:S1332

TITLE OF BILL: An act to amend the agriculture and markets law and
the education law, in relation to establishing the New York calcium
purchasing preference initiative

PURPOSE: To ensure that purchasing agents give preference to calcium
fortified foods and beverages over non-fortified products in all
public institutions.

SUMMARY OF PROVISIONS: The bill adds a new subdivision 5-C to section
16 of the agriculture and markets law, as well as a new subdivision 43
to section 305 of the education law. This bill will provide for the
commissioners of the New York State Departments of Education, and
Agriculture and Markets to work together in carrying out the mission
of the New York Calcium Purchasing Preference Initiative, which
instructs purchasing agents to give preference to food and beverages
that (1) contain a higher level of calcium than products of the same
type and quality; and (2) are equal to or lower in price than products
of the same type and quality. Under this bill, a purchasing agent
shall not be required to purchase a high calcium food or beverage for
any governmental entity if such preferred food or beverage will
interfere with the treatment or care of any person.

EXISTING LAW: Purchasing agents are not currently required to give
preference to calcium enriched foods or beverages as instructed in
this bill.

JUSTIFICATION: Calcium deficiencies are an epidemic, costing billions
of dollars per year, every year. Indeed, calcium deficient diets are
found in all generations, races and genders. The diseases now known to
be associated with calcium deficient diets are osteoporosis, childhood
and pregnancy related hypertension (pre-eclampsia), obesity, colon
cancer, PMS, post-partum depression, kidney stone formation and
polycystic ovary disease. "Calcium is one of two nutrients that has
been singled out by the federal government as constituting a
sufficiently severe deficiency as to warrant national attention"
(Robert Reany, MD, FACP, FAIN, co-author Indiana Calcium Initiative
Consensus Statement) (ICICS).

LEGISLATIVE HISTORY:
2001-2002: S.6291, Referred to Consumer Protection
2003-2004: S.3009, Referred to Consumer Protection
2005-2006: S.1797, Referred to Consumer Protection
2007-2008: S.4770, Referred to Consumer Protection
2009-2010: S.4149, Referred to Consumer Protection
2011-2012: 8.265, Died in Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided,
that the commissioner of agriculture and markets and the commissioner
of education are authorized to promulgate any and all rules and
regulations necessary to implement the provisions of this act on or
before such effective date.


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

                                  1332

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 and the  education  law,
  in relation to establishing the New York calcium purchasing preference
  initiative

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

  Section 1. This act shall be known and may be cited as the  "New  York
calcium purchasing preference initiative".
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C.  ESTABLISH, IN COOPERATION WITH THE  COMMISSIONER  OF  EDUCATION,
THE  NEW  YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.  THE PURCHASING
AGENT FOR ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR  BEVERAGES  TO
BE  PROCESSED  OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED BY SUCH
GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:
  (A) CONTAIN A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE  SAME  TYPE
AND QUALITY; AND
  (B)  ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE AND
QUALITY.
  FOR THE PURPOSES OF  THIS  SUBDIVISION,  "GOVERNMENTAL  ENTITY"  SHALL
MEAN:
  (A) THE STATE OF NEW YORK;
  (B)  A  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
OR CIVIL SUBDIVISION OF THE STATE;
  (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY  OPERATING  A  PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY;
  (D) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
  (E)  AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION, COUN-
CIL, OR OFFICE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00187-01-3

S. 1332                             2

  (F)  ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  PERFORMING
PROPRIETARY  FUNCTIONS FOR THE STATE, EXCEPT THE LEGISLATURE AND JUDICI-
ARY.
  A  PURCHASING  AGENT  SHALL NOT BE REQUIRED TO PURCHASE A HIGH CALCIUM
FOOD OR BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED  FOOD  OR
BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
  THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
  NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, A
PURCHASING AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER  BEFORE
JULY  FIRST,  TWO THOUSAND THIRTEEN TO PURCHASE FOOD AND BEVERAGES SHALL
NOT BE REQUIRED TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHAS-
ING SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
  THE COMMISSIONER SHALL REPORT TO  THE  LEGISLATURE  ON  THE  NEED  FOR
CHANGES  IN  LAW TO FACILITATE THE PURCHASES OF SUCH FOODS AND BEVERAGES
BY A GOVERNMENTAL ENTITY.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
AGRICULTURE  AND  MARKETS LAW. THE COMMISSIONER'S RESPONSIBILITIES SHALL
INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
OF AGRICULTURE AND MARKETS FROM SCHOOL DISTRICTS AND  OTHER  EDUCATIONAL
INSTITUTIONS  UNDER  THE  DEPARTMENT'S JURISDICTION PURCHASING PREFERRED
FOODS AND BEVERAGES. THE COMMISSIONER SHALL REPORT  TO  THE  LEGISLATURE
ABOUT  THE  NEED  FOR  CHANGES IN LAW TO FACILITATE THE PURCHASE OF SUCH
FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
  S 4. This act shall take effect immediately; provided,  however,  that
the  commissioner  of  agriculture  and  markets and the commissioner of
education are authorized to promulgate any and all rules and regulations
necessary to implement the provisions of this  act  on  or  before  such
effective date.

S1332A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3628A
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §305, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S265, A1666
2009-2010: S4159A

S1332A (ACTIVE) - Bill Texts

view summary

Establishes the New York calcium purchasing preference initiative by instructing the purchasing agent of any governmental entity to give preference to a product containing a higher level of calcium than products of the same type and quality which are equal to or lower in price than products of the same type and quality.

view sponsor memo
BILL NUMBER:S1332A

TITLE OF BILL: An act to amend the agriculture and markets law and
the education law, in relation to establishing the New York calcium
purchasing preference initiative

PURPOSE: To ensure that purchasing agents give preference to calcium
fortified foods and beverages over non-fortified products in all
public institutions.

SUMMARY OF PROVISIONS: The bill adds a new subdivision 5-C to section
16 of the agriculture and markets law, as well as a new subdivision 43
to section 305 of the education law. This bill will provide for the
commissioners of the New York State Departments of Education, and
Agriculture and Markets to work together in carrying out the mission
of the New York Calcium Purchasing Preference Initiative, which
instructs purchasing agents to give preference to food and beverages
that (1) contain a higher level of calcium than products of the same
type and quality; and (2) are equal to or lower in price than products
of the same type and quality. Under this bill, a purchasing agent
shall not be required to purchase a high calcium food or beverage for
any governmental entity if such preferred food or beverage will
interfere with the treatment or care of any person.

EXISTING LAW: Purchasing agents are not currently required to give
preference to calcium enriched foods or beverages as instructed in
this bill.

JUSTIFICATION: Calcium deficiencies are an epidemic, costing billions
of dollars per year, every year. Indeed, calcium deficient diets are
found in all generations, races and genders. The diseases now known to
be associated with calcium deficient diets are osteoporosis, childhood
and pregnancy related hypertension (pre-eclampsia), obesity, colon
cancer, PMS, post-partum depression, kidney stone formation and
polycystic ovary disease. "Calcium is one of two nutrients that has
been singled out by the federal government as constituting a
sufficiently severe deficiency as to warrant national attention"
(Robert Reany, MD, FACP, FAIN, co-author Indiana Calcium Initiative
Consensus Statement) (ICICS).

LEGISLATIVE HISTORY: 2001-2002: S.6291, Referred to Consumer
Protection 2003-2004: S.3009, Referred to Consumer Protection
2005-2006: S.1797, Referred to Consumer Protection 2007-2008: S.4770,
Referred to Consumer Protection 2009-2010: S.4149, Referred to
Consumer Protection 2011-2012: S.265, Died in Committee 2013: Died in
Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:This act shall take effect immediately; provided, that
the commissioner of agriculture and markets and the commissioner of
education are authorized to promulgate any and all rules and
regulations necessary to implement the provisions of this act on or
before such effective date.


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

                                 1332--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Agriculture -- recom-
  mitted to the Committee on Agriculture in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the agriculture and markets law and the  education  law,
  in relation to establishing the New York calcium purchasing preference
  initiative

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

  Section 1. This act shall be known and may be cited as the  "New  York
calcium purchasing preference initiative".
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C.  ESTABLISH, IN COOPERATION WITH THE  COMMISSIONER  OF  EDUCATION,
THE  NEW  YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.  THE PURCHASING
AGENT FOR ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR  BEVERAGES  TO
BE  PROCESSED  OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED BY SUCH
GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:
  (A) CONTAIN A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE  SAME  TYPE
AND QUALITY; AND
  (B)  ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE AND
QUALITY.
  FOR THE PURPOSES OF  THIS  SUBDIVISION,  "GOVERNMENTAL  ENTITY"  SHALL
MEAN:
  (I) THE STATE OF NEW YORK;
  (II)  A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
OR CIVIL SUBDIVISION OF THE STATE;
  (III) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A  PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00187-02-4

S. 1332--A                          2

  (IV) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
  (V)  AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION, COUN-
CIL, OR OFFICE; OR
  (VI) ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  PERFORMING
PROPRIETARY  FUNCTIONS FOR THE STATE, EXCEPT THE LEGISLATURE AND JUDICI-
ARY.
  A PURCHASING AGENT SHALL NOT BE REQUIRED TO PURCHASE  A  HIGH  CALCIUM
FOOD  OR  BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED FOOD OR
BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
  THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,  A
PURCHASING  AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER BEFORE
JULY FIRST, TWO THOUSAND FOURTEEN TO PURCHASE FOOD AND  BEVERAGES  SHALL
NOT BE REQUIRED TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHAS-
ING SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
  THE  COMMISSIONER  SHALL  REPORT  TO  THE  LEGISLATURE ON THE NEED FOR
CHANGES IN LAW TO FACILITATE THE PURCHASES OF SUCH FOODS  AND  BEVERAGES
BY A GOVERNMENTAL ENTITY.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 44 to read as follows:
  44. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
AGRICULTURE AND MARKETS LAW. THE COMMISSIONER'S  RESPONSIBILITIES  SHALL
INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
OF  AGRICULTURE  AND MARKETS FROM SCHOOL DISTRICTS AND OTHER EDUCATIONAL
INSTITUTIONS UNDER THE DEPARTMENT'S  JURISDICTION  PURCHASING  PREFERRED
FOODS  AND  BEVERAGES.  THE COMMISSIONER SHALL REPORT TO THE LEGISLATURE
ABOUT THE NEED FOR CHANGES IN LAW TO FACILITATE  THE  PURCHASE  OF  SUCH
FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
  S  4.  This act shall take effect immediately; provided, however, that
the commissioner of agriculture and  markets  and  the  commissioner  of
education are authorized to promulgate any and all rules and regulations
necessary  to  implement  the  provisions  of this act on or before such
effective date.

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