S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    301
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, EPSTEIN, WOERNER, PAULIN, THIELE,
   REYES,  DE LA ROSA,  JEAN-PIERRE,  TAYLOR,  BARRON,  SOLAGES,   GLICK,
   SEAWRIGHT,  HYNDMAN, FERNANDEZ, DICKENS, FALL, SAYEGH, WILLIAMS, GRIF-
   FIN, DARLING, WEPRIN -- Multi-Sponsored by -- M. of A. GALEF, M. MILL-
   ER -- 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00185-01-1

 A. 301                              2
 
 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.
   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.