The New York State Senate

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

                                  1624

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2019
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, EPSTEIN, WOERNER -- read once and
  referred to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  requiring  public
  schools to offer plant-based food options in food service

  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  915-a
to read as follows:
  §  915-A.  PLANT-BASED  FOOD  OPTIONS. 1. UPON REQUEST BY A STUDENT OR
PERSON IN PARENTAL RELATION TO THE STUDENT, EVERY  PUBLIC  SCHOOL  SHALL
OFFER  THE  STUDENT A PLANT-BASED FOOD OPTION AS AN ALTERNATIVE TO EVERY
MEAL OR SNACK OFFERED IN FOOD SERVICE TO THE  STUDENT.  ALL  THE  PUBLIC
SCHOOL'S  WRITTEN  MATERIAL  DESCRIBING FOOD OFFERINGS SHALL INCLUDE THE
AVAILABILITY OF A PLANT-BASED FOOD OPTION.  THE PLANT-BASED FOOD  OPTION
SHALL  BE OFFERED AT NO ADDITIONAL COST TO THE STUDENT BEYOND WHAT WOULD
BE CHARGED FOR A COMPARABLE NON-PLANT-BASED FOOD OPTION.
  2. THE SCHOOL SHALL RESPOND IN A REASONABLE MANNER  AND  TIME  TO  ANY
REQUEST  MADE  UNDER  THIS  SECTION,  CONSISTENT WITH GUIDANCE BY SCHOOL
AUTHORITIES. THE REQUEST SHALL BE EFFECTIVE FOR  EVERY  SCHOOL  MEAL  OR
SNACK  IN  WHICH THE STUDENT IS REASONABLY EXPECTED TO PARTICIPATE. THIS
SECTION DOES NOT PRECLUDE THE OFFERING OF PLANT-BASED  FOOD  OPTIONS  TO
STUDENTS  WHO HAVE NOT REQUESTED IT, AND DOES NOT PRECLUDE AN INDIVIDUAL
WHO HAS REQUESTED A PLANT-BASED FOOD OPTION FROM SELECTING A  NON-PLANT-
BASED FOOD OPTION.
  3. AS USED IN THIS SECTION:
  (A) "PLANT-BASED FOOD OPTION" MEANS FOOD OR BEVERAGES THAT ARE FREE OF
ANIMAL  PRODUCTS  AND,  AS  RELATES  TO THE "PROTEIN" PORTION OF A MEAL,
RECOGNIZED BY THE UNITED STATES DEPARTMENT  OF  AGRICULTURE  AS  A  MEAT
ALTERNATE FOR PURPOSES OF THE NATIONAL SCHOOL LUNCH PROGRAM.
  (B) "ANIMAL PRODUCT" MEANS MEAT, POULTRY, SEAFOOD, DAIRY, EGGS, HONEY,
AND ANY DERIVATIVE THEREOF.

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

                                                           LBD03860-02-9

A. 1624                             2

  4.  IN  IMPLEMENTING  THIS  SECTION, THE SCHOOL AND SCHOOL AUTHORITIES
SHALL CONSULT WITH THE  SCHOOL  DISTRICT  NUTRITION  ADVISORY  COMMITTEE
UNDER SECTION NINE HUNDRED EIGHTEEN OF THIS ARTICLE, WHERE APPLICABLE.
  §  2. This act shall take effect immediately and shall apply to public
school food service beginning with the school year, as  defined  in  the
education law, beginning one year after it shall have become a law.