S T A T E O F N E W Y O R K
________________________________________________________________________
3035
2017-2018 Regular Sessions
I N S E N A T E
January 19, 2017
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Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to creating the school-
to-pantry donation credit
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 3641-c
to read as follows:
§ 3641-C. SCHOOL-TO-PANTRY DONATION CREDIT. 1. THE COMMISSIONER SHALL
CREATE A SCHOOL-TO-PANTRY DONATION CREDIT IN WHICH ANY SCHOOL MAY DONATE
PRODUCTS GENERATED BY ITS FARM OR GARDEN TO A LOCAL FOOD PANTRY, OR
EQUIVALENT ORGANIZATION, SO LONG AS THAT PRODUCT MEETS ANY APPLICABLE
FEDERAL, STATE, OR LOCAL HEALTH AND SAFETY REQUIREMENTS FOR THE
PRODUCTION OR PROCESSING OF THE PRODUCT. HOWEVER, IF DONATIONS CONSIST
ONLY OF FRESH WHOLE UNCUT FRUITS AND VEGETABLES, CLEAN AND PROPERLY
REFRIGERATED AT FORTY-FIVE DEGREES FAHRENHEIT OR LESS EGGS, GRAINS AND
LEGUMES, OR HONEY AND MAPLE SYRUP THEN DONOR SCHOOLS AND THEIR PRODUCTS
WILL BE SUBJECT TO SUCH REGULATIONS AS MAY APPLY TO A DIRECT MARKETING
BUSINESS AS CONTAINED IN ARTICLE SEVENTEEN OF THE AGRICULTURE AND
MARKETS LAW.
2. DONOR SCHOOLS SHALL SUBMIT RECORD OF THE PRODUCT TYPE DONATED AND
THE TOTAL WEIGHT OF EACH PRODUCT TYPE ACCEPTED BY THE FOOD PANTRY TO THE
COMMISSIONER. SUCH RECORD MUST BE VALIDATED BY THE DONEE FOOD PANTRY AND
SUBMITTED NO LATER THAN OCTOBER THIRTY-FIRST OF EACH CALENDAR YEAR.
3. FOR EACH TYPE OF PRODUCT DONATED THE COMMISSIONER SHALL CALCULATE A
DONATION CREDIT FOR EACH DONOR SCHOOL THAT SUBMITS RECORD IN COMPLIANCE
WITH THIS SECTION FOLLOWING THE FORMULA HEREIN:
A=(P*Y)*E
"A" IS THE CREDIT AMOUNT TO BE GIVEN TO THE DONOR SCHOOL. "P" IS THE
POUNDS OF GOODS OF A SPECIFIC TYPE ACCEPTED BY A DONEE FOOD PANTRY. "Y"
IS THE YIELD FACTOR FOR A SPECIFIC TYPE OF GOODS AS DETERMINED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07034-02-7
S. 3035 2
UNITED STATES DEPARTMENT OF AGRICULTURE ECONOMIC RESEARCH SERVICE, IF
ANY. "E" IS THE AVERAGE RETAIL PRICE OF A SPECIFIC TYPE OF GOODS AS
DETERMINED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE ECONOMIC
RESEARCH SERVICE.
4. THE MOST RECENT UNITED STATES DEPARTMENT OF AGRICULTURE ECONOMIC
RESEARCH SERVICE DATA SHALL BE USED FOR EACH TYPE OF GOODS. IF THE
UNITED STATES DEPARTMENT OF AGRICULTURE ECONOMIC RESEARCH SERVICE HAS
NOT PUBLISHED DATA FOR A GIVEN TYPE OF GOODS, THEN DATA ON THE MOST
REASONABLY SIMILAR TYPE OF GOODS WILL BE USED.
5. ANY CREDITS DUE A DONOR SCHOOL SHALL BE PAID DURING THE CALENDAR
YEAR AFTER THE COMMISSIONER RECEIVES RECORDS OF THE DONATION. THE CREDIT
AMOUNT SHALL, TO THE EXTENT FUNDS ARE AVAILABLE, BE INCLUDED IN ANY
PAYMENTS DUE TO THE DONOR SCHOOL ACCORDING TO THE PAYMENT SCHEDULE FOUND
IN SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED NINE-A OF THE EDUCATION LAW. IF NO SUCH PAYMENTS ARE DUE,
THE SCHOOL SHALL BE PAID THE VALUE OF SUCH CREDITS ON OR BEFORE OCTOBER
FIFTEENTH OF EACH CALENDAR YEAR.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the commissioner of education is
authorized to promulgate any rules and regulations necessary to imple-
ment this act on or before its effective date.