senate Bill S2332

2013-2014 Legislative Session

Directs commissioner of education to establish guidelines providing for donation of excess, unused, edible food from school meals to food assistance programs

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Archive: Last Bill Status - Passed Senate


  • 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
Feb 10, 2014 referred to education
delivered to assembly
passed senate
Feb 04, 2014 advanced to third reading
Feb 03, 2014 2nd report cal.
Jan 28, 2014 1st report cal.73
Jan 08, 2014 referred to agriculture
returned to senate
died in assembly
Apr 30, 2013 referred to education
delivered to assembly
passed senate
Apr 29, 2013 advanced to third reading
Apr 24, 2013 2nd report cal.
Apr 23, 2013 1st report cal.403
Jan 16, 2013 referred to agriculture

Votes

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Jan 28, 2014 - Agriculture committee Vote

S2332
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Agriculture Committee Vote: Jan 28, 2014

Apr 23, 2013 - Agriculture committee Vote

S2332
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Apr 23, 2013

absent (1)

Co-Sponsors

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S2332 - Bill Details

See Assembly Version of this Bill:
A5218
Current Committee:
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: S2488, S4288, A6330A
2009-2010: S8456, A6453A

S2332 - Bill Texts

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Directs the commissioner of education, in cooperation with the commissioner of agriculture and markets, to establish voluntary guidelines to provide for the donation of excess, unused, edible food from school, university or other educational institutions meal programs to voluntary food assistance programs.

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BILL NUMBER:S2332

TITLE OF BILL: An act to amend the agriculture and markets law and
the education law, in relation to authorizing school districts and
institutions of higher education to donate excess food to local
voluntary food assistance programs

PURPOSE OF BILL: To establish a voluntary program to assist and
facilitate the ability of schools districts and institutions of higher
learning to donate excess unused food from their school meal programs
to voluntary food assistance programs for the poor and disadvantaged.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Agriculture and Markets Law section 16 to authorize
the Commissioner of Agriculture and Markets to cooperate with the
Commissioner of Education in developing guidelines for a voluntary
program to coordinate the donation of excess, unused, edible food
derived from school meal programs to voluntary food assistance
programs for the poor and disadvantaged, including community food
pantries, soup kitchens, and other community or not-for-profit
organizations that distribute food.

Section 2: Adds a new Education Law section 305 (32) to ask the
Commissioner of Education to develop voluntary guidelines to encourage
and facilitate the ability of school districts and institutions of
higher learning to donate excess, unused, edible food from meals
served at such facilities to local voluntary food assistance programs.
To minimize any potential mandates on school districts, and the
Department of Education, all that is being asked to be done is to
establish some form of channel of communication between such
educational institutions and nearby voluntary food assistance programs
for the poor or disadvantaged so that if it is advantageous, that
surplus food can be donated to the poor. This section also
interrelates the communication between schools and food pantries with
the farm-to-school program and the New York Harvest for New York Kids
week program, which already is a line of communication on food and
nutrition between the schools and Agriculture and Markets.

JUSTIFICATION: The United States Department of Agriculture (USDA) has
encouraged the creation of programs that collect food that would
otherwise be discarded and donate it to voluntary feeding programs
such as food pantries and soup kitchens. There are existing efforts to
collect food leftovers from food service operations such as
restaurants, fundraising dinners, corporate lunchrooms and even
airlines. school meal programs are also potential donors. There is
funding for food gleaning through the Department of Health's Hunger
Prevention Nutrition Assistance Program (HPNAP) which provides State
support for emergency food programs.

Schools are required to carefully plan menus to meet the nutritional
needs of children and minimize food waste. However, at times when
there is bad weather or high absenteeism or other unusual
circumstances there may be significant unserved food that could be
used by emergency food programs. Nearly 2 million school lunches and
breakfasts are served everyday in New York State.


LEGISLATIVE HISTORY: 2007/08 - A.5334 - Referred to Education 2009-10
- Similar to A.6453-A - Vetoed, Tabled. 2011-12 - S. 4288 - Referred
to Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: 180 days after it shall have become law.

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

                                  2332

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, GRISANTI -- 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 authorizing school districts and institutions of higher
  education  to  donate  excess  food to local voluntary food assistance
  programs

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C.  COOPERATE WITH THE COMMISSIONER OF EDUCATION, PURSUANT TO SUBDI-
VISION THIRTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO
DEVELOP GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL  DISTRICTS
AND INSTITUTIONS OF HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF
SECTION  TWO  OF  THE  EDUCATION  LAW,  OF  PROGRAMS WHICH ENCOURAGE THE
DONATION OF EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCA-
TIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS.
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 32 to read as follows:
  32. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL DEVELOP VOLUNTARY GUIDELINES TO
ENCOURAGE  AND  FACILITATE  THE  ABILITY  OF SCHOOL DISTRICTS AND INSTI-
TUTIONS OF HIGHER EDUCATION TO DONATE EXCESS, UNUSED, EDIBLE  FOOD  FROM
MEALS  SERVED  AT  SUCH  EDUCATIONAL  FACILITIES TO LOCAL VOLUNTARY FOOD
ASSISTANCE PROGRAMS  INCLUDING,  BUT  NOT  LIMITED  TO,  COMMUNITY  FOOD
PANTRIES,  SOUP  KITCHENS, AND OTHER COMMUNITY AND NOT-FOR-PROFIT ORGAN-
IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED.
  SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
  A. A METHODOLOGY TO PROVIDE INFORMATION  TO  EDUCATIONAL  INSTITUTIONS
AND  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS OF SUCH
GUIDELINES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06714-01-3

S. 2332                             2

  B. A MEANS BY WHICH EDUCATIONAL INSTITUTIONS  ARE  PROVIDED  WITH  THE
NAMES  AND  ADDRESSES  OF  ALL  NEARBY  LOCAL  VOLUNTARY FOOD ASSISTANCE
PROGRAMS;
  C.  A  MEANS  BY  WHICH  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS ARE
PROVIDED WITH THE NAMES AND ADDRESSES OF NEARBY EDUCATIONAL INSTITUTIONS
WHICH SERVE MEALS UPON THEIR PREMISES;
  D. NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO  ELECT
TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE
PROGRAMS; AND
  E. THE PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE ON THE MANNER
OF HOW TO BEST DONATE EXCESS FOOD IN A SAFE AND SANITARY MANNER.
  THE  COMMISSIONER  SHALL  COORDINATE THE IMPLEMENTATION OF SUCH GUIDE-
LINES WITH THE FARM-TO-SCHOOL PROGRAM AND THE NEW YORK HARVEST  FOR  NEW
YORK  KIDS  WEEK  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION FIVE-B OF
SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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