S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4644
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the public health law, in relation to enacting the heal-
   thy food service guidelines for New York act of 2021
 
   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 "healthy
 food service guidelines for New York act of 2021".
   § 2. Legislative findings and intent. The Senate and Assembly  of  the
 State of New York finds as follows:
   1.  A healthy diet, consistent with the most recent Dietary Guidelines
 for Americans (DGA), can reduce the risk of many chronic diseases,  such
 as  obesity,  cardiovascular  disease,  diabetes, osteoporosis, and some
 cancers. Poor nutrition,  on  the  other  hand,  can  negatively  affect
 growth,  development,  and  health status. The New York State Prevention
 Agenda 2019-2024 established a goal of increasing access to healthy  and
 affordable foods and beverages to support the overarching goal of reduc-
 ing obesity and the risk of chronic disease.
   2.  The  typical diet of Americans is not consistent with the DGA, and
 unhealthy eating behaviors are too common among New Yorkers. It is espe-
 cially challenging for people of low  socioeconomic  status,  people  of
 color,  and  people with disabilities to access healthy food.  According
 to the Prevention Agenda Toward the  Healthiest  State  Progress  Report
 2018:
   (a)  37.4% of adults in NYS consume fruit less than once per day.  The
 prevalence is highest for adults who are Black or  Hispanic  (39.8%  and
 39.3%,  respectively),  live in households that earn less than $25,000 a
 year (40.4% and 43.7%), have less than a high school education  (42.1%),
 or are living with disability (41.7%).
   (b)  22.4% of adults in NYS consume vegetables less than once per day.
 The prevalence is highest for adults who are non-Hispanic Black (29.3%),

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

                                                            LBD07890-01-1

 S. 4644                             2
 
 live in households that earn less than $15,000 a year (32.8%), have less
 than a high school education (30.5%),  or  are  living  with  disability
 (29.8%).
   (c) 23.2% of adults in NYS consume a sugary drink at least once a day.
 The prevalence is highest for adults who are non-Hispanic Black (31.3%),
 live in households that earn less than $15,000 a year (35.4%), have less
 than  a  high  school  education  (33.3%), or are living with disability
 (28.2%).
   (d) 43.8% of NYS high school students consume fruit less than once per
 day. The prevalence is highest for students who  are  male  (45.8%),  in
 10th grade (46.1%), or Black (47.5%).
   (e)  22.3%  of  NYS  middle  and high school students consume a sugary
 drink at least once a day. The prevalence is highest  for  students  who
 are male (23.6%), in high school (23.8%), or Black (29%).
   3.  The  state has a responsibility to ensure the healthfulness of the
 food it serves and sells, because:
   (a) Achieving a healthy diet requires a supportive environment.    All
 people  need  ready  access to affordable healthy foods and beverages to
 support nutritious diets;
   (b) The state purchases, sells, and serves foods and beverages through
 multiple agencies, facilities, institutions, and programs to  employees,
 visitors, recipients of public services, and people in state custody;
   (c)  Many  people  who  depend  on  state-sponsored  institutions  and
 programs for daily nutrition are members  of  disadvantaged  communities
 that  experience disparities in access to healthy food and prevalence of
 diet-related illness;
   (d) Much of the cost of the state's burden of diet-related illness  is
 absorbed by the state's Medicare and Medicaid programs;
   (e)  Approximately 290,000 people are employed by the state.  Reducing
 the impact of diet-related diseases will support a  healthier  and  more
 productive workforce; and
   (f)  Public  demand for healthier food is high, with six in ten people
 reporting  that  healthfulness  is  a  leading  driver  of  their   food
 purchases.
   4.  The  Centers for Disease Control and Prevention and other authori-
 tative public health organizations  recommend  that  governments,  busi-
 nesses,  and large institutions adopt healthy food service guidelines to
 support individuals' adherence to the DGA. In 2012, the New York Academy
 of Medicine proposed several strategies to improve population health  in
 New  York  State through food procurement policies, including comprehen-
 sive nutrition standards. Also in 2012, the New York  State  Council  on
 Food  Policy  appointed a Workgroup that developed recommended nutrition
 standards for food procurement based on the DGA.  In 2019, the  National
 Association  for the Advancement of Colored People recognized the impact
 of food choices on people and communities of color,  and  resolved  that
 the  availability  of tasteful and culturally relevant plant-based meals
 be a 2020 legislative priority.
   § 3. Article 2 of the public health law is amended  by  adding  a  new
 title 8 to read as follows:
                                  TITLE 8
                           STATE FOOD STANDARDS
 SECTION 269.   DEVELOPMENT OF STATE FOOD STANDARDS.
         269-A. APPLICABILITY OF STATE FOOD STANDARDS.
         269-B. IMPLEMENTATION OF STATE FOOD STANDARDS.
   §  269.  DEVELOPMENT  OF  STATE FOOD STANDARDS. 1. WITHIN THREE MONTHS
 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT, IN CONSUL-

 S. 4644                             3
 
 TATION WITH THE OFFICE OF GENERAL SERVICES, SHALL BEGIN AN ASSESSMENT OF
 THE FOOD AND BEVERAGE PURCHASING, SERVICE, SALES, AND MARKETING POLICIES
 AND ACTIVITIES OF EACH STATE AGENCY. THE DEPARTMENT  SHALL  DEVELOP  AND
 FINALIZE  STATE  FOOD STANDARDS CONSIDERING THE FINDINGS OF SUCH ASSESS-
 MENT NO LATER THAN TWELVE MONTHS FOLLOWING THE EFFECTIVE  DATE  OF  THIS
 SECTION,  FOR FOODS PURCHASED, SERVED, SOLD, AND PROMOTED BY STATE AGEN-
 CIES, PROGRAMS, AND INSTITUTIONS AND ON STATE PROPERTY.  THE  DEPARTMENT
 SHALL  REPORT  SUCH  STANDARDS TO THE STATE LEGISLATURE, AND DISSEMINATE
 THEM TO THE HEADS OF ALL STATE AGENCIES THAT PURCHASE,  PREPARE,  SERVE,
 OR PROMOTE FOOD AND BEVERAGES.
   2. THE STATE FOOD STANDARDS DEVELOPED PURSUANT TO THIS SECTION SHALL:
   (A)  BE  CONSISTENT  WITH  OR  EXCEED  THE RECOMMENDATIONS IN THE MOST
 RECENT EDITION OF THE FEDERAL DIETARY GUIDELINES FOR AMERICANS,  INCLUD-
 ING  AS TO SODIUM, WHOLE GRAINS, ADDED SUGARS, SATURATED FAT, CHOLESTER-
 OL, AND FIBER;
   (B) PROHIBIT STATE AGENCIES FROM OFFERING OR PROMOTING SUGAR-SWEETENED
 BEVERAGES;
   (C) SUPPORT AND ENCOURAGE BREASTFEEDING, ENSURING THAT  EMPLOYEES  ARE
 PROVIDED  WITH  APPROPRIATE SPACE AND ADEQUATE TIME FOR BREASTFEEDING OR
 EXPRESSING MILK FOR THEIR INFANTS;
   (D) INCLUDE RECOMMENDATIONS FOR THE USE  OF  SUSTAINABLY  AND  LOCALLY
 GROWN NEW YORK STATE FOOD PRODUCTS TO THE GREATEST EXTENT POSSIBLE;
   (E)  ENSURE  THE  AVAILABILITY OF SAFE, CLEAN TAP WATER WHENEVER FOODS
 AND BEVERAGES ARE SOLD OR SERVED;
   (F) ENCOURAGE STATE AGENCIES TO OFFER FOODS AND BEVERAGES THAT REFLECT
 THE HEALTH RISKS, ALLERGENS, TRADITIONS, AND PREFERENCES  OF  THE  DEMO-
 GRAPHICS SERVED; AND
   (G)  ENCOURAGE  THE  CONSUMPTION OF PLANT-BASED WHOLE FOODS, INCLUDING
 FRUITS, VEGETABLES, LEGUMES, NUTS, AND WHOLE GRAINS.
   3. THE STATE FOOD STANDARDS SHALL  BE  REVIEWED  AND  UPDATED  BY  THE
 DEPARTMENT  AS  NECESSARY,  BUT  NO LESS OFTEN THAN EVERY FIVE YEARS, TO
 ENSURE THAT THE STANDARDS REMAIN CURRENT AND SCIENCE-BASED.
   4. IN DEVELOPING  THE  STATE  FOOD  STANDARDS,  THE  DEPARTMENT  SHALL
 CONSIDER THE FOLLOWING:
   (A)  RECOMMENDATIONS  FOR NUTRITION STANDARDS FOR FOODS, BEVERAGES, OR
 MEALS MADE BY  AUTHORITATIVE  SCIENTIFIC  ORGANIZATIONS,  INCLUDING  THE
 GUIDELINES  FOR  PURCHASED  FOOD  RECOMMENDED BY THE NEW YORK STATE FOOD
 POLICY COUNCIL, THE AMERICAN HEART ASSOCIATION WORKPLACE FOOD AND BEVER-
 AGE TOOLKIT, THE FOOD SERVICE GUIDELINES  FOR  FEDERAL  FACILITIES,  THE
 USDA  NATIONAL  SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM STAND-
 ARDS, THE USDA CHILD AND ADULT CARE FOOD PROGRAM GUIDELINES, THE  AMERI-
 CAN  CANCER  SOCIETY  GUIDELINE  FOR DIET AND PHYSICAL ACTIVITY, AND THE
 AMERICAN DIABETES ASSOCIATION DIABETES PLATE METHOD;
   (B) BOTH POSITIVE AND NEGATIVE CONTRIBUTIONS  OF  NUTRIENTS,  INGREDI-
 ENTS,  AND FOODS TO THE DIETS OF ADULTS AND CHILDREN, INCLUDING CALORIES
 OR PORTION SIZE, SATURATED FAT, SODIUM, ADDED SUGARS, AND  THE  PRESENCE
 OF FRUITS, VEGETABLES, AND WHOLE GRAINS; AND
   (C)  ADAPTATIONS OF THE STANDARDS FOR DIFFERENT VENUES, SUCH AS CHILD-
 CARE, CORRECTIONAL FACILITIES, GOVERNMENT MEETINGS,  OR  OTHER  SETTINGS
 AND PROGRAMS WITH UNIQUE POPULATIONS OR CIRCUMSTANCES.
   §  269-A.  APPLICABILITY  OF  STATE  FOOD STANDARDS. 1. THE STATE FOOD
 STANDARDS DEVELOPED PURSUANT TO SECTION TWO HUNDRED SIXTY-NINE  OF  THIS
 TITLE  SHALL  APPLY  TO  ALL  FOODS  AND  BEVERAGES PURCHASED, PREPARED,
 SERVED, SOLD, AND PROMOTED BY ALL STATE AGENCIES, PROGRAMS,  AND  INSTI-
 TUTIONS  AND  SOLD, SERVED, OR PROMOTED ON STATE PROPERTY, INCLUDING BUT
 NOT LIMITED TO:

 S. 4644                             4
 
   (A) ALL STATE GOVERNMENT OFFICE BUILDINGS.
   (B) MEETINGS AND CONFERENCES HOSTED OR FUNDED BY STATE AGENCIES.
   (C)  ROAD-SIDE  REST AREAS AND WELCOME CENTERS MANAGED OR OWNED BY THE
 STATE.
   (D) STATE PARKS AND HISTORIC SITES.
   (E) EMERGENCY FOOD RELIEF ORGANIZATIONS  RECEIVING  HUNGER  PREVENTION
 AND NUTRITION ASSISTANCE PROGRAM FUNDS.
   (F) STATE CHILD AND ADULT CARE FOOD PROGRAMS.
   (G) STATE-SUPPORTED HOSPITALS.
   (H)  CITY UNIVERSITY OF NEW YORK AND STATE UNIVERSITY OF NEW YORK, AND
 EACH OF THE INSTITUTIONS IN THESE UNIVERSITY SYSTEMS.
   (I) OFFICE FOR THE AGING CONGREGATE AND HOME-DELIVERED MEAL SERVICES.
   (J) DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FACILITIES.
   (K) OFFICE OF MENTAL HEALTH INPATIENT AND RESIDENTIAL SERVICES.
   (L) BUREAU OF ADULT CARE HOMES.
   (M) DIVISION OF JUVENILE JUSTICE AND OPPORTUNITIES FOR  YOUTH  FACILI-
 TIES.
   (N) OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SERVICES.
   (O) OFFICE OF ADDICTION SERVICES AND SUPPORTS TREATMENT CENTERS.
   (P)  PUBLIC  SCHOOLS,  CHARTER  SCHOOLS,  AND  PARTICIPATING NONPUBLIC
 SCHOOLS.
   (Q) EDUCATION DEPARTMENT'S SUMMER FOOD SERVICE PROGRAM.
   2. ALL PURCHASES MADE BY ANY DEPARTMENT, DIVISION, OR AGENCY LISTED IN
 SUBDIVISION ONE OF THIS SECTION, OR  BY  ANY  OFFICER  ON  BEHALF  OF  A
 DEPARTMENT,  DIVISION,  OR  AGENCY  LISTED  IN  SUBDIVISION  ONE OF THIS
 SECTION, SHALL BE MADE IN ACCORDANCE WITH THE STATE FOOD STANDARDS.
   3. ALL CONTRACTS MADE BY ANY DEPARTMENT, DIVISION, OR AGENCY LISTED IN
 SUBDIVISION ONE OF THIS SECTION, OR  BY  ANY  OFFICER  ON  BEHALF  OF  A
 DEPARTMENT,  DIVISION,  OR  AGENCY  LISTED  IN  SUBDIVISION  ONE OF THIS
 SECTION, FOR THE PURCHASE, SERVICE, CATERING, VENDING, OR  PROMOTION  OF
 FOOD  OR  BEVERAGE  WILL  ENSURE  THE FOOD OR BEVERAGE SUPPLIED, SERVED,
 SOLD, AND PROMOTED SHALL BE IN ACCORDANCE WITH THE STATE FOOD STANDARDS.
 ALL EXISTING CONTRACTS THAT DO NOT MEET SUCH STANDARDS SHALL BE  REVISED
 OR TERMINATED AT THE NEXT RENEWAL STAGE OF SUCH CONTRACTS.  ALL GRANTEES
 OF  THE STATE SHALL COMPLY WITH THE STATE FOOD STANDARDS WHEN PURCHASING
 FOOD WITH GRANT FUNDS.
   (A) NO CONTRACT SHALL PERMIT MARKS OR LOGOS ASSOCIATED  WITH  A  STATE
 DEPARTMENT,  DIVISION,  AGENCY, OR INSTITUTION TO BE USED TO PROMOTE ANY
 SUGAR-SWEETENED BEVERAGE.
   (B) NO CONTRACT SHALL PERMIT ANY COMPANY OR  STATE  DEPARTMENT,  DIVI-
 SION,  AGENCY,  OR INSTITUTION TO REFER TO A SUGAR-SWEETENED BEVERAGE AS
 AN OFFICIAL BEVERAGE OF A STATE DEPARTMENT, DIVISION, AGENCY, OR  INSTI-
 TUTION.
   (C) NO CONTRACT SHALL REQUIRE OR SUGGEST THAT AN EMPLOYEE OF ANY STATE
 DEPARTMENT,  DIVISION,  AGENCY,  OR  INSTITUTION SHOULD PROMOTE A SUGAR-
 SWEETENED BEVERAGE.
   (D) NO CONTRACT SHALL INCLUDE PAYMENTS TO A  STATE  DEPARTMENT,  DIVI-
 SION,  AGENCY, OR INSTITUTION THAT ARE CONTINGENT ON A MINIMUM VOLUME OF
 SALES OF SUGAR-SWEETENED BEVERAGES.
   § 269-B. IMPLEMENTATION OF STATE FOOD STANDARDS. WITHIN TWELVE  MONTHS
 OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL ADOPT A PLAN
 FOR  PROVIDING  TECHNICAL  AND  SUPERVISORY ASSISTANCE TO STATE AGENCIES
 IMPLEMENTING THE STATE FOOD STANDARDS PROMULGATED  PURSUANT  TO  SECTION
 TWO HUNDRED SIXTY-NINE OF THIS TITLE. AT MINIMUM, SUCH PLAN SHALL ESTAB-
 LISH:

 S. 4644                             5
 
   1.  A  TIMELINE  FOR  STATE  AGENCIES  TO RECEIVE INITIAL TRAINING AND
 IMPLEMENT THE STATE FOOD STANDARDS.
   2. A PROCESS BY WHICH THE DEPARTMENT SHALL MONITOR COMPLIANCE WITH THE
 STATE  FOOD  STANDARDS  ON A ROUTINE BASIS AND FOLLOW-UP WITH ADDITIONAL
 TECHNICAL ASSISTANCE AS NEEDED TO IMPROVE COMPLIANCE.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4644--A
     Cal. No. 1126
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  HINCHEY,  JACKSON, MYRIE, RAMOS, RIVERA,
   SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the  Committee on Procurement and Contracts -- reported
   favorably from said committee, ordered to  first  and  second  report,
   amended  on  second  report,  ordered  to  a  third reading, and to be
   reprinted as amended, retaining its place in the order of third  read-
   ing
 
 AN ACT to amend the public health law, in relation to standards for food
   and beverages purchased, sold and marketed by state agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2 of the public health law is amended by  adding  a
 new title 8 to read as follows:
                                  TITLE 8
                           STATE FOOD STANDARDS
 SECTION 269.   DEVELOPMENT OF STATE FOOD STANDARDS.
         269-A. APPLICABILITY OF STATE FOOD STANDARDS.
         269-B. IMPLEMENTATION OF STATE FOOD STANDARDS.
   §  269.  DEVELOPMENT  OF  STATE FOOD STANDARDS. 1. WITHIN THREE MONTHS
 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT, IN CONSUL-
 TATION WITH THE OFFICE OF GENERAL SERVICES, SHALL BEGIN AN ASSESSMENT OF
 THE FOOD AND BEVERAGE PURCHASING, SERVICE, SALES, AND MARKETING POLICIES
 AND ACTIVITIES OF EACH STATE AGENCY. THE DEPARTMENT  SHALL  DEVELOP  AND
 FINALIZE  STATE  FOOD STANDARDS CONSIDERING THE FINDINGS OF SUCH ASSESS-
 MENT NO LATER THAN TWELVE MONTHS FOLLOWING THE EFFECTIVE  DATE  OF  THIS
 SECTION,  FOR FOODS PURCHASED, SERVED, SOLD, AND PROMOTED BY STATE AGEN-
 CIES, PROGRAMS, AND INSTITUTIONS AND ON STATE PROPERTY.  THE  DEPARTMENT
 SHALL  REPORT  SUCH  STANDARDS TO THE STATE LEGISLATURE, AND DISSEMINATE
 THEM TO THE HEADS OF ALL STATE AGENCIES THAT PURCHASE,  PREPARE,  SERVE,
 OR PROMOTE FOOD AND BEVERAGES.
   2. THE STATE FOOD STANDARDS DEVELOPED UNDER THIS SECTION SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07890-03-1

 S. 4644--A                          2
 
   (A)  BE  CONSISTENT  WITH  OR  EXCEED  THE RECOMMENDATIONS IN THE MOST
 RECENT EDITION OF THE FEDERAL DIETARY GUIDELINES FOR AMERICANS,  INCLUD-
 ING  AS TO SODIUM, WHOLE GRAINS, ADDED SUGARS, SATURATED FAT, CHOLESTER-
 OL, AND FIBER;
   (B)  SUPPORT  AND ENCOURAGE BREASTFEEDING, ENSURING THAT EMPLOYEES ARE
 PROVIDED WITH APPROPRIATE SPACE AND ADEQUATE TIME FOR  BREASTFEEDING  OR
 EXPRESSING MILK FOR THEIR INFANTS;
   (C)  INCLUDE  RECOMMENDATIONS  FOR  THE USE OF SUSTAINABLY AND LOCALLY
 GROWN NEW YORK STATE FOOD PRODUCTS TO THE GREATEST EXTENT POSSIBLE;
   (D) ENSURE THE AVAILABILITY OF SAFE, CLEAN  TAP  WATER  WHEN  FEASIBLE
 WHENEVER FOODS AND BEVERAGES ARE SOLD OR SERVED;
   (E) ENCOURAGE STATE AGENCIES TO OFFER FOODS AND BEVERAGES THAT REFLECT
 THE  HEALTH  RISKS,  ALLERGENS, TRADITIONS, AND PREFERENCES OF THE DEMO-
 GRAPHICS SERVED; AND
   (F) ENCOURAGE THE CONSUMPTION OF PLANT-BASED  WHOLE  FOODS,  INCLUDING
 FRUITS, VEGETABLES, LEGUMES, NUTS, AND WHOLE GRAINS.
   3.  THE  STATE  FOOD  STANDARDS  SHALL  BE REVIEWED AND UPDATED BY THE
 DEPARTMENT AS NECESSARY, BUT NO LESS OFTEN THAN  EVERY  FIVE  YEARS,  TO
 ENSURE THAT THE STANDARDS REMAIN CURRENT AND SCIENCE-BASED.
   4.  IN  DEVELOPING  THE  STATE  FOOD  STANDARDS,  THE DEPARTMENT SHALL
 CONSIDER THE FOLLOWING:
   (A) RECOMMENDATIONS FOR NUTRITION STANDARDS FOR FOODS,  BEVERAGES,  OR
 MEALS  MADE  BY  AUTHORITATIVE  SCIENTIFIC  ORGANIZATIONS, INCLUDING THE
 GUIDELINES FOR PURCHASED FOOD RECOMMENDED BY THE  NEW  YORK  STATE  FOOD
 POLICY COUNCIL, THE AMERICAN HEART ASSOCIATION WORKPLACE FOOD AND BEVER-
 AGE  TOOLKIT,  THE  FOOD  SERVICE GUIDELINES FOR FEDERAL FACILITIES, THE
 USDA NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST  PROGRAM  STAND-
 ARDS,  THE USDA CHILD AND ADULT CARE FOOD PROGRAM GUIDELINES, THE AMERI-
 CAN CANCER SOCIETY GUIDELINE FOR DIET AND  PHYSICAL  ACTIVITY,  AND  THE
 AMERICAN DIABETES ASSOCIATION DIABETES PLATE METHOD;
   (B)  BOTH  POSITIVE  AND NEGATIVE CONTRIBUTIONS OF NUTRIENTS, INGREDI-
 ENTS, AND FOODS TO THE DIETS OF ADULTS AND CHILDREN, INCLUDING  CALORIES
 OR  PORTION  SIZE, SATURATED FAT, SODIUM, ADDED SUGARS, AND THE PRESENCE
 OF FRUITS, VEGETABLES, AND WHOLE GRAINS; AND
   (C) ADAPTATIONS OF THE STANDARDS FOR DIFFERENT VENUES, SUCH AS  CHILD-
 CARE,  CORRECTIONAL  FACILITIES,  GOVERNMENT MEETINGS, OR OTHER SETTINGS
 AND PROGRAMS WITH UNIQUE POPULATIONS OR CIRCUMSTANCES.
   § 269-A. APPLICABILITY OF STATE FOOD  STANDARDS.  1.  THE  STATE  FOOD
 STANDARDS  DEVELOPED  UNDER SECTION TWO HUNDRED SIXTY-NINE OF THIS TITLE
 SHALL APPLY TO ALL FOODS  AND  BEVERAGES  PURCHASED,  PREPARED,  SERVED,
 SOLD, AND PROMOTED BY ALL STATE AGENCIES, PROGRAMS, AND INSTITUTIONS AND
 SOLD,  SERVED,  OR PROMOTED ON STATE PROPERTY, INCLUDING BUT NOT LIMITED
 TO:
   (A) ALL STATE GOVERNMENT OFFICE BUILDINGS.
   (B) MEETINGS AND CONFERENCES HOSTED OR FUNDED BY STATE AGENCIES.
   (C) ROAD-SIDE REST AREAS AND WELCOME CENTERS MANAGED OR OWNED  BY  THE
 STATE.
   (D) STATE PARKS AND HISTORIC SITES.
   (E)  EMERGENCY  FOOD  RELIEF ORGANIZATIONS RECEIVING HUNGER PREVENTION
 AND NUTRITION ASSISTANCE PROGRAM FUNDS.
   (F) STATE CHILD AND ADULT CARE FOOD PROGRAMS.
   (G) STATE-SUPPORTED HOSPITALS.
   (H) CITY UNIVERSITY OF NEW YORK AND STATE UNIVERSITY OF NEW YORK,  AND
 EACH OF THE INSTITUTIONS IN THESE UNIVERSITY SYSTEMS.
   (I) OFFICE FOR THE AGING CONGREGATE AND HOME-DELIVERED MEAL SERVICES.
   (J) DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FACILITIES.

 S. 4644--A                          3
 
   (K) OFFICE OF MENTAL HEALTH INPATIENT AND RESIDENTIAL SERVICES.
   (L) BUREAU OF ADULT CARE HOMES.
   (M)  DIVISION  OF JUVENILE JUSTICE AND OPPORTUNITIES FOR YOUTH FACILI-
 TIES.
   (N) OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SERVICES.
   (O) OFFICE OF ADDICTION SERVICES AND SUPPORTS TREATMENT CENTERS.
   (P) PUBLIC  SCHOOLS,  CHARTER  SCHOOLS,  AND  PARTICIPATING  NONPUBLIC
 SCHOOLS.
   (Q) EDUCATION DEPARTMENT'S SUMMER FOOD SERVICE PROGRAM.
   2. ALL PURCHASES MADE BY ANY DEPARTMENT, DIVISION, OR AGENCY LISTED IN
 SUBDIVISION  ONE  OF  THIS  SECTION,  OR  BY  ANY OFFICER ON BEHALF OF A
 DEPARTMENT, DIVISION, OR  AGENCY  LISTED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION, SHALL BE MADE IN ACCORDANCE WITH THE STATE FOOD STANDARDS.
   3. ALL CONTRACTS MADE BY ANY DEPARTMENT, DIVISION, OR AGENCY LISTED IN
 SUBDIVISION  ONE  OF  THIS  SECTION,  OR  BY  ANY OFFICER ON BEHALF OF A
 DEPARTMENT, DIVISION, OR  AGENCY  LISTED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION,  FOR  THE PURCHASE, SERVICE, CATERING, VENDING, OR PROMOTION OF
 FOOD OR BEVERAGE WILL ENSURE THE  FOOD  OR  BEVERAGE  SUPPLIED,  SERVED,
 SOLD, AND PROMOTED SHALL BE IN ACCORDANCE WITH THE STATE FOOD STANDARDS.
 ALL  EXISTING CONTRACTS THAT DO NOT MEET SUCH STANDARDS SHALL BE REVISED
 OR TERMINATED AT THE NEXT RENEWAL STAGE OF SUCH CONTRACTS.  ALL GRANTEES
 OF THE STATE SHALL COMPLY WITH THE STATE FOOD STANDARDS WHEN  PURCHASING
 FOOD WITH GRANT FUNDS.
   4. NO CONTRACT SHALL INCLUDE PAYMENTS TO A STATE DEPARTMENT, DIVISION,
 AGENCY,  OR INSTITUTION THAT ARE CONTINGENT ON A MINIMUM VOLUME OF SALES
 OF SUGAR-SWEETENED BEVERAGES. NO STATE DEPARTMENT, DIVISION, AGENCY,  OR
 INSTITUTION  MAY  PERMIT, ENTER INTO A CONTRACT PROVIDING FOR, OR OTHER-
 WISE ALLOW:
   (A) MARKS OR LOGOS ASSOCIATED WITH A STATE DEPARTMENT, DIVISION, AGEN-
 CY, OR INSTITUTION TO BE USED TO PROMOTE ANY SUGAR-SWEETENED BEVERAGE;
   (B) ANY COMPANY OR STATE DEPARTMENT, DIVISION, AGENCY, OR  INSTITUTION
 TO  REFER  TO  A  SUGAR-SWEETENED  BEVERAGE AS AN OFFICIAL BEVERAGE OF A
 STATE DEPARTMENT, DIVISION, AGENCY, OR INSTITUTION; OR
   (C) AN EMPLOYEE OF ANY STATE DEPARTMENT, DIVISION, AGENCY, OR INSTITU-
 TION TO PROMOTE A SUGAR-SWEETENED BEVERAGE.
   § 269-B. IMPLEMENTATION OF STATE FOOD STANDARDS. WITHIN TWELVE  MONTHS
 OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL ADOPT A PLAN
 FOR  PROVIDING  TECHNICAL  AND  SUPERVISORY ASSISTANCE TO STATE AGENCIES
 IMPLEMENTING THE STATE FOOD STANDARDS MADE  UNDER  SECTION  TWO  HUNDRED
 SIXTY-NINE OF THIS TITLE. AT MINIMUM, SUCH PLAN SHALL ESTABLISH:
   1.  A  TIMELINE  FOR  STATE  AGENCIES  TO RECEIVE INITIAL TRAINING AND
 IMPLEMENT THE STATE FOOD STANDARDS.
   2. A PROCESS BY WHICH THE DEPARTMENT SHALL MONITOR COMPLIANCE WITH THE
 STATE FOOD STANDARDS ON A ROUTINE BASIS AND FOLLOW  UP  WITH  ADDITIONAL
 TECHNICAL ASSISTANCE AS NEEDED TO IMPROVE COMPLIANCE.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4644--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  HINCHEY,  JACKSON, MYRIE, RAMOS, RIVERA,
   SALAZAR, SKOUFIS -- read twice and ordered printed, and  when  printed
   to  be  committed  to  the  Committee  on Procurement and Contracts --
   reported favorably from said committee, ordered to  first  and  second
   report,  amended  on second report, ordered to a third reading, and to
   be reprinted as amended, retaining its place in  the  order  of  third
   reading  --  recommitted to the Committee on Procurement and Contracts
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the public health law, in relation to standards for food
   and beverages purchased, sold and marketed by state agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2 of the public health law is amended by  adding  a
 new title 8 to read as follows:
                                  TITLE 8
                           STATE FOOD STANDARDS
 SECTION 269.   DEVELOPMENT OF STATE FOOD STANDARDS.
         269-A. APPLICABILITY OF STATE FOOD STANDARDS.
         269-B. IMPLEMENTATION OF STATE FOOD STANDARDS.
   §  269.  DEVELOPMENT  OF  STATE FOOD STANDARDS. 1. WITHIN THREE MONTHS
 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT, IN CONSUL-
 TATION WITH THE OFFICE OF GENERAL SERVICES, SHALL BEGIN AN ASSESSMENT OF
 THE FOOD AND BEVERAGE PURCHASING, SERVICE, SALES, AND MARKETING POLICIES
 AND ACTIVITIES OF EACH STATE AGENCY. THE DEPARTMENT  SHALL  DEVELOP  AND
 FINALIZE  STATE  FOOD STANDARDS CONSIDERING THE FINDINGS OF SUCH ASSESS-
 MENT NO LATER THAN TWELVE MONTHS FOLLOWING THE EFFECTIVE  DATE  OF  THIS
 SECTION,  FOR FOODS PURCHASED, SERVED, SOLD, AND PROMOTED BY STATE AGEN-
 CIES, PROGRAMS, AND INSTITUTIONS AND ON STATE PROPERTY.  THE  DEPARTMENT
 SHALL  REPORT  SUCH  STANDARDS TO THE STATE LEGISLATURE, AND DISSEMINATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07890-04-2
              

 S. 4644--B                          2
 
 THEM TO THE HEADS OF ALL STATE AGENCIES THAT PURCHASE,  PREPARE,  SERVE,
 OR PROMOTE FOOD AND BEVERAGES.
   2. THE STATE FOOD STANDARDS DEVELOPED UNDER THIS SECTION SHALL:
   (A)  BE  CONSISTENT  WITH  OR  EXCEED  THE RECOMMENDATIONS IN THE MOST
 RECENT EDITION OF THE FEDERAL DIETARY GUIDELINES FOR AMERICANS,  INCLUD-
 ING  AS TO SODIUM, WHOLE GRAINS, ADDED SUGARS, SATURATED FAT, CHOLESTER-
 OL, AND FIBER;
   (B) SUPPORT AND ENCOURAGE BREASTFEEDING, ENSURING THAT  EMPLOYEES  ARE
 PROVIDED  WITH  APPROPRIATE SPACE AND ADEQUATE TIME FOR BREASTFEEDING OR
 EXPRESSING MILK FOR THEIR INFANTS;
   (C) INCLUDE RECOMMENDATIONS FOR THE USE  OF  SUSTAINABLY  AND  LOCALLY
 GROWN NEW YORK STATE FOOD PRODUCTS TO THE GREATEST EXTENT POSSIBLE;
   (D)  ENSURE  THE  AVAILABILITY  OF SAFE, CLEAN TAP WATER WHEN FEASIBLE
 WHENEVER FOODS AND BEVERAGES ARE SOLD OR SERVED; AND
   (E) ENCOURAGE STATE AGENCIES TO OFFER FOODS AND BEVERAGES THAT REFLECT
 THE HEALTH RISKS, ALLERGENS, TRADITIONS, AND PREFERENCES  OF  THE  DEMO-
 GRAPHICS SERVED.
   3.  THE  STATE  FOOD  STANDARDS  SHALL  BE REVIEWED AND UPDATED BY THE
 DEPARTMENT AS NECESSARY, BUT NO LESS OFTEN THAN  EVERY  FIVE  YEARS,  TO
 ENSURE THAT THE STANDARDS REMAIN CURRENT AND SCIENCE-BASED.
   4.  IN  DEVELOPING  THE  STATE  FOOD  STANDARDS,  THE DEPARTMENT SHALL
 CONSIDER THE FOLLOWING:
   (A) RECOMMENDATIONS FOR NUTRITION STANDARDS FOR FOODS,  BEVERAGES,  OR
 MEALS  MADE  BY  AUTHORITATIVE  SCIENTIFIC  ORGANIZATIONS, INCLUDING THE
 GUIDELINES FOR PURCHASED FOOD RECOMMENDED BY THE  NEW  YORK  STATE  FOOD
 POLICY COUNCIL, THE AMERICAN HEART ASSOCIATION WORKPLACE FOOD AND BEVER-
 AGE  TOOLKIT,  THE  FOOD  SERVICE GUIDELINES FOR FEDERAL FACILITIES, THE
 USDA NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST  PROGRAM  STAND-
 ARDS,  THE USDA CHILD AND ADULT CARE FOOD PROGRAM GUIDELINES, THE AMERI-
 CAN CANCER SOCIETY GUIDELINE FOR DIET AND  PHYSICAL  ACTIVITY,  AND  THE
 AMERICAN DIABETES ASSOCIATION DIABETES PLATE METHOD;
   (B)  BOTH  POSITIVE  AND NEGATIVE CONTRIBUTIONS OF NUTRIENTS, INGREDI-
 ENTS, AND FOODS TO THE DIETS OF ADULTS AND CHILDREN, INCLUDING  CALORIES
 OR  PORTION  SIZE, SATURATED FAT, SODIUM, ADDED SUGARS, AND THE PRESENCE
 OF FRUITS, VEGETABLES, AND WHOLE GRAINS; AND
   (C) ADAPTATIONS OF THE STANDARDS FOR DIFFERENT VENUES, SUCH AS  CHILD-
 CARE,  CORRECTIONAL  FACILITIES,  GOVERNMENT MEETINGS, OR OTHER SETTINGS
 AND PROGRAMS WITH UNIQUE POPULATIONS OR CIRCUMSTANCES.
   § 269-A. APPLICABILITY OF STATE FOOD  STANDARDS.  1.  THE  STATE  FOOD
 STANDARDS  DEVELOPED  UNDER SECTION TWO HUNDRED SIXTY-NINE OF THIS TITLE
 SHALL APPLY TO ALL FOODS  AND  BEVERAGES  PURCHASED,  PREPARED,  SERVED,
 SOLD, AND PROMOTED BY ALL STATE AGENCIES, PROGRAMS, AND INSTITUTIONS AND
 SOLD,  SERVED,  OR PROMOTED ON STATE PROPERTY, INCLUDING BUT NOT LIMITED
 TO:
   (A) ALL STATE GOVERNMENT OFFICE BUILDINGS.
   (B) MEETINGS AND CONFERENCES HOSTED OR FUNDED BY STATE AGENCIES.
   (C) ROAD-SIDE REST AREAS AND WELCOME CENTERS MANAGED OR OWNED  BY  THE
 STATE.
   (D) STATE PARKS AND HISTORIC SITES.
   (E)  EMERGENCY  FOOD  RELIEF ORGANIZATIONS RECEIVING HUNGER PREVENTION
 AND NUTRITION ASSISTANCE PROGRAM FUNDS.
   (F) STATE CHILD AND ADULT CARE FOOD PROGRAMS.
   (G) STATE-SUPPORTED HOSPITALS.
   (H) CITY UNIVERSITY OF NEW YORK AND STATE UNIVERSITY OF NEW YORK,  AND
 EACH OF THE INSTITUTIONS IN THESE UNIVERSITY SYSTEMS.
   (I) OFFICE FOR THE AGING CONGREGATE AND HOME-DELIVERED MEAL SERVICES.
 S. 4644--B                          3
 
   (J) DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FACILITIES.
   (K) OFFICE OF MENTAL HEALTH INPATIENT AND RESIDENTIAL SERVICES.
   (L) BUREAU OF ADULT CARE HOMES.
   (M)  DIVISION  OF JUVENILE JUSTICE AND OPPORTUNITIES FOR YOUTH FACILI-
 TIES.
   (N) OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SERVICES.
   (O) OFFICE OF ADDICTION SERVICES AND SUPPORTS TREATMENT CENTERS.
   (P) PUBLIC  SCHOOLS,  CHARTER  SCHOOLS,  AND  PARTICIPATING  NONPUBLIC
 SCHOOLS.
   (Q) EDUCATION DEPARTMENT'S SUMMER FOOD SERVICE PROGRAM.
   2. ALL PURCHASES MADE BY ANY DEPARTMENT, DIVISION, OR AGENCY LISTED IN
 SUBDIVISION  ONE  OF  THIS  SECTION,  OR  BY  ANY OFFICER ON BEHALF OF A
 DEPARTMENT, DIVISION, OR  AGENCY  LISTED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION, SHALL BE MADE IN ACCORDANCE WITH THE STATE FOOD STANDARDS.
   3. ALL CONTRACTS MADE BY ANY DEPARTMENT, DIVISION, OR AGENCY LISTED IN
 SUBDIVISION  ONE  OF  THIS  SECTION,  OR  BY  ANY OFFICER ON BEHALF OF A
 DEPARTMENT, DIVISION, OR  AGENCY  LISTED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION,  FOR  THE PURCHASE, SERVICE, CATERING, VENDING, OR PROMOTION OF
 FOOD OR BEVERAGE WILL ENSURE THE  FOOD  OR  BEVERAGE  SUPPLIED,  SERVED,
 SOLD, AND PROMOTED SHALL BE IN ACCORDANCE WITH THE STATE FOOD STANDARDS.
 ALL  EXISTING CONTRACTS THAT DO NOT MEET SUCH STANDARDS SHALL BE REVISED
 OR TERMINATED AT THE NEXT RENEWAL STAGE OF SUCH CONTRACTS.  ALL GRANTEES
 OF THE STATE SHALL COMPLY WITH THE STATE FOOD STANDARDS WHEN  PURCHASING
 FOOD WITH GRANT FUNDS.
   4. NO CONTRACT SHALL INCLUDE PAYMENTS TO A STATE DEPARTMENT, DIVISION,
 AGENCY,  OR INSTITUTION THAT ARE CONTINGENT ON A MINIMUM VOLUME OF SALES
 OF SUGAR-SWEETENED BEVERAGES. NO STATE DEPARTMENT, DIVISION, AGENCY,  OR
 INSTITUTION  MAY  PERMIT, ENTER INTO A CONTRACT PROVIDING FOR, OR OTHER-
 WISE ALLOW:
   (A) MARKS OR LOGOS ASSOCIATED WITH A STATE DEPARTMENT, DIVISION, AGEN-
 CY, OR INSTITUTION TO BE USED TO PROMOTE ANY SUGAR-SWEETENED BEVERAGE;
   (B) ANY COMPANY OR STATE DEPARTMENT, DIVISION, AGENCY, OR  INSTITUTION
 TO  REFER  TO  A  SUGAR-SWEETENED  BEVERAGE AS AN OFFICIAL BEVERAGE OF A
 STATE DEPARTMENT, DIVISION, AGENCY, OR INSTITUTION; OR
   (C) AN EMPLOYEE OF ANY STATE DEPARTMENT, DIVISION, AGENCY, OR INSTITU-
 TION TO PROMOTE A SUGAR-SWEETENED BEVERAGE.
   § 269-B. IMPLEMENTATION OF STATE FOOD STANDARDS. WITHIN TWELVE  MONTHS
 OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL ADOPT A PLAN
 FOR  PROVIDING  TECHNICAL  AND  SUPERVISORY ASSISTANCE TO STATE AGENCIES
 IMPLEMENTING THE STATE FOOD STANDARDS MADE  UNDER  SECTION  TWO  HUNDRED
 SIXTY-NINE OF THIS TITLE. AT MINIMUM, SUCH PLAN SHALL ESTABLISH:
   1.  A  TIMELINE  FOR  STATE  AGENCIES  TO RECEIVE INITIAL TRAINING AND
 IMPLEMENT THE STATE FOOD STANDARDS.
   2. A PROCESS BY WHICH THE DEPARTMENT SHALL MONITOR COMPLIANCE WITH THE
 STATE FOOD STANDARDS ON A ROUTINE BASIS AND FOLLOW  UP  WITH  ADDITIONAL
 TECHNICAL ASSISTANCE AS NEEDED TO IMPROVE COMPLIANCE.
   § 2. This act shall take effect immediately.