NY State Senate Bill 2017-S5664B

Senate Bill S5664B

Signed By Governor

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 13, 2017	signed chap.316
Sep 01, 2017	delivered to governor
Jun 21, 2017	returned to senate passed assembly
Jun 20, 2017	ordered to third reading rules cal.527 substituted for a2409b
Jun 13, 2017	referred to education delivered to assembly passed senate
Jun 05, 2017	amended on third reading 5664b
May 16, 2017	amended on third reading 5664a
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.778
Apr 24, 2017	referred to agriculture

Votes

- Jun 13, 2017 - Floor Vote
  S5664B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  May 9, 2017 - Agriculture Committee Vote
  S5664B
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 9, 2017
      
      aye (11)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2017-S5664 - Details

See Assembly Version of this Bill:: A2409
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6453
2011-2012: S4288, A6330
2013-2014: S2332, A5218
2015-2016: S854, A4833

2017-S5664 - Summary

Authorizes 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.

2017-S5664 - Sponsor Memo

                                 BILL NUMBER:  S5664

 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 - Somewhat related to A.6453-A - Vetoed, Tabled.
2011-12 - S.4288 - Referred to Education.
2013-14 - S.2332 - Passed Senate
2015-2016 - S.854 - Passed Senate

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

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

2017-S5664 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5664
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2017
                                ___________
 
 Introduced  by  Sens.  KLEIN, ADDABBO, AVELLA, BOYLE, CARLUCCI, HOYLMAN,
   LATIMER, MARCHIONE, MONTGOMERY, PARKER, RITCHIE,  SAVINO,  SERRANO  --
   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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07734-01-7

 S. 5664                             2
 
   A. A METHODOLOGY TO PROVIDE INFORMATION  TO  EDUCATIONAL  INSTITUTIONS
 AND  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS OF SUCH
 GUIDELINES;
   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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2017-S5664A - Details

See Assembly Version of this Bill:: A2409
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6453
2011-2012: S4288, A6330
2013-2014: S2332, A5218
2015-2016: S854, A4833

2017-S5664A - Summary

2017-S5664A - Sponsor Memo

                                 BILL NUMBER:  S5664A

 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 help encourage the establishment of voluntary programs to assist
and facilitate the ability of schools districts and institutions of
higher learning to donate excess unused food items from their school
meal programs to voluntary food assistance programs, such as food
pantries, soup kitchens, and other community and not-for-profit
organizations that distribute food to 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 authorize, but
not mandate that, the Commissioner of Education to develop, at its own
initiative, voluntary guidelines to encourage and facilitate the
ability of school districts and institutions of higher learning to
donate excess, unused, edible food items from meals served at such
facilities to local voluntary food assistance programs. To minimize
any potential mandates on school districts, institutions of higher
learning, and to the Department of Education, all that is being asked
to be done is to help to establish, at its own initiative, some form
of channel of communication between such educational institutions and
nearby voluntary food assistance programs. Such programs would only be
established if it is advantageous to the institution and food pantry
or other community food group. In addition, the segregation of such
surplus donated food items could reduce the waste collection fees
needed to cart such items away from such institutions. 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 grocery stores,
hospitals, and restaurants. School meal programs are a large potential
source of new donors to supply such much needed nourishment to food
pantries and other such organizations. There is funding for food
collection 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, high absenteeism, or
other unusual circumstances there may be significant unserved food
that could be used by emergency food programs. Nearly two million
school lunches and breakfasts are served everyday in New York State.
This large amount of surplus or excess food could potentially be
re-directed to those who are most in need.

This bill has benefits for the environment as well. This bill, by
encouraging efforts to minimize the wasting of food, is beneficial to
the environment in many ways. First, the growing, transporting, and
warehousing of food is a very energy intensive endeavor at all steps
of the production and distribution chain. Food production has a large
carbon "foot print". Hence, by better utilizing foods that have
already been grown, transported to the local area, and warehoused,
that will cut down on the energy consumption needed to grow additional
amounts of crops that are laid to waste and not used to provide
nourishment to individuals.

 LEGISLATIVE HISTORY :

2011-12 - S.4288 - Referred to Education.
2013-14 - S.2332 - Passed Senate
2015-2016 - S.854 - Passed Senate

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

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

2017-S5664A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5664--A
     Cal. No. 778
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2017
                                ___________
 
 Introduced  by  Sens.  KLEIN, ADDABBO, AVELLA, BOYLE, CARLUCCI, HOYLMAN,
   KENNEDY, LATIMER,  MARCHIONE,  MONTGOMERY,  PARKER,  RITCHIE,  SAVINO,
   SERRANO  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Agriculture -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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.
   § 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, MAY 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07734-02-7

 S. 5664--A                          2
 
 IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED. SUCH GUIDE-
 LINES  DEVELOPED  CONCERNING  DONATED  FOOD SHALL COMPLY WITH ALL PUBLIC
 HEALTH LAWS, RULES AND REGULATIONS THAT GOVERN FOOD SAFETY.
   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;
   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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2017-S5664B (ACTIVE) - Details

See Assembly Version of this Bill:: A2409
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §16, Ag & Mkts L; amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6453
2011-2012: S4288, A6330
2013-2014: S2332, A5218
2015-2016: S854, A4833

2017-S5664B (ACTIVE) - Summary

2017-S5664B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5664B

 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 help encourage the establishment of voluntary programs to assist
and facilitate the ability of schools districts and institutions of
higher learning to donate excess unused food items from their school
meal programs to voluntary food assistance programs, such as food
pantries, soup kitchens, and other community and not-for-profit
organizations that distribute food to 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 (56) to authorize, but
not mandate that, the Commissioner of Education to develop, at its own
initiative, voluntary guidelines to encourage and facilitate the
ability of school districts and institutions of higher learning to
donate excess, unused, edible food items from meals served at such
facilities to local voluntary food assistance programs. To minimize
any potential mandates on school districts, institutions of higher
learning, and to the Department of Education, all that is being asked
to be done is to help to establish, at its own initiative, some form
of channel of communication between such educational institutions and
nearby voluntary food assistance programs. Such programs would only be
established if it is advantageous to the institution and food pantry
or other community food group. In addition, the segregation of such
surplus donated food items could reduce the waste collection fees
needed to cart such items away from such institutions. This section
also interrelates the communication between schools and food pantries
with the farm-to-school 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 grocery stores,
hospitals, and restaurants. School meal programs are a large potential
source of new donors to supply such much needed nourishment to food
pantries and other such organizations. There is funding for food
collection 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, high absenteeism, or
other unusual circumstances there may be significant unserved food
that could be used by emergency food programs. Nearly two million
school lunches and breakfasts are served everyday in New York State.

This large amount of surplus or excess food could potentially be
re-directed to those who are most in need.

This bill has benefits for the environment as well. This bill, by
encouraging efforts to minimize the wasting of food, is beneficial to
the environment in many ways. First, the growing, transporting, and
warehousing of food is a very energy intensive endeavor at all steps
of the production and distribution chain. Food production has a large
carbon "foot print". Hence, by better utilizing foods that have
already been grown, transported to the local area, and warehoused,
that will cut down on the energy consumption needed to grow additional
amounts of crops that are laid to waste and not used to provide
nourishment to individuals.

 LEGISLATIVE HISTORY :

2011-12 - S.4288 - Referred to Education.
2013-14 - S.2332 - Passed Senate
2015-16 - S.B54 - Passed Senate

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

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

2017-S5664B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5664--B
     Cal. No. 778
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2017
                                ___________
 
 Introduced  by  Sens. KLEIN, ADDABBO, AVELLA, BOYLE, CARLUCCI, GALLIVAN,
   HOYLMAN, KENNEDY, LATIMER,  MARCHIONE,  MONTGOMERY,  PARKER,  RITCHIE,
   SAVINO,  SERRANO,  VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Agriculture  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its  place  in the order of third reading -- again amended and ordered
   reprinted, retaining its place in the order of third reading
 
 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 FIFTY-SIX OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW,  TO
 DEVELOP  GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL DISTRICTS
 AND INSTITUTIONS OF HIGHER EDUCATION 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.
   §  2.  Section  305  of  the  education law is amended by adding a new
 subdivision 56 to read as follows:
   56. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS-
 SIONER OF AGRICULTURE AND MARKETS, MAY DEVELOP GUIDELINES  TO  ENCOURAGE
 SCHOOL  DISTRICTS AND INSTITUTIONS 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 ORGANIZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07734-05-7

 S. 5664--B                          2
 
 SUCH GUIDELINES DEVELOPED CONCERNING DONATED FOOD SHALL COMPLY WITH  ALL
 FEDERAL,  STATE AND LOCAL PUBLIC HEALTH LAWS, RULES AND REGULATIONS THAT
 GOVERN FOOD SAFETY AND FOOD DONATION.
   SUCH GUIDELINES MAY INCLUDE, BUT NOT BE LIMITED TO:
   A.  A  PROCEDURE  TO  PROVIDE  INFORMATION TO SCHOOL DISTRICTS, INSTI-
 TUTIONS OF HIGHER EDUCATION AND LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS
 OF THE PROVISIONS OF SUCH GUIDELINES;
   B. NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO  ELECT
 TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE
 PROGRAMS; AND
   C.  INFORMATION  AND  TECHNICAL ASSISTANCE ON HOW SCHOOL DISTRICTS AND
 INSTITUTIONS OF HIGHER EDUCATION MAY 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 ESTABLISHED PURSUANT  TO  SUBDIVI-
 SION FIVE-B OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5664B

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2017-S5664 - Details

2017-S5664 - Summary

2017-S5664 - Sponsor Memo

2017-S5664 - Bill Text download pdf

co-Sponsors

2017-S5664A - Details

2017-S5664A - Summary

2017-S5664A - Sponsor Memo

2017-S5664A - Bill Text download pdf

co-Sponsors

2017-S5664B (ACTIVE) - Details

2017-S5664B (ACTIVE) - Summary

2017-S5664B (ACTIVE) - Sponsor Memo

2017-S5664B (ACTIVE) - Bill Text download pdf

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