S T A T E O F N E W Y O R K
________________________________________________________________________
3083
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
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Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
tee 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:
(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;
(IV) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
(V) 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.
LBD00889-01-5
A. 3083 2
(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 FIFTEEN 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 53 to read as follows:
53. 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.