S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4364
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 guidelines for
   food and beverages purchased or sold 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 4-A to read as follows:
                                TITLE IV-A
                           STATE FOOD GUIDELINES
 SECTION 252. DEVELOPMENT OF STATE FOOD GUIDELINES.
         253. APPLICABILITY OF STATE FOOD GUIDELINES.
         254. IMPLEMENTATION OF STATE FOOD GUIDELINES.
   § 252. DEVELOPMENT OF STATE FOOD  GUIDELINES.  1.  WITHIN  SIX  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, AND SALES OF EACH STATE AGEN-
 CY.  THE  DEPARTMENT  SHALL  DEVELOP  AND FINALIZE STATE FOOD GUIDELINES
 CONSIDERING THE FINDINGS OF  SUCH  ASSESSMENT  NO  LATER  THAN  EIGHTEEN
 MONTHS   FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  FOR  FOODS
 PURCHASED, SERVED, AND SOLD BY  STATE  AGENCIES,  PROGRAMS,  AND  INSTI-
 TUTIONS  AND  ON STATE PROPERTY. THE DEPARTMENT SHALL REPORT SUCH GUIDE-
 LINES TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, AND SPEAKER OF
 THE ASSEMBLY, AND DISSEMINATE THEM TO THE HEADS OF  ALL  STATE  AGENCIES
 THAT PURCHASE, PREPARE, OR SERVE FOOD AND BEVERAGES.
   2. THE STATE FOOD GUIDELINES 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08603-01-3
 S. 4364                             2
              

 
   (B) INCLUDE RECOMMENDATIONS FOR THE USE  OF  SUSTAINABLY  AND  LOCALLY
 GROWN NEW YORK STATE FOOD PRODUCTS TO THE GREATEST EXTENT POSSIBLE;
   (C)  ENSURE  THE  AVAILABILITY  OF SAFE, CLEAN TAP WATER WHEN FEASIBLE
 WHENEVER FOODS AND BEVERAGES ARE SOLD OR SERVED; AND
   (D) 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  GUIDELINES  SHALL BE REVIEWED AND UPDATED BY THE
 DEPARTMENT AS NECESSARY, BUT NO LESS OFTEN THAN  EVERY  FIVE  YEARS,  TO
 ENSURE THAT THE GUIDELINES REMAIN CURRENT AND SCIENCE-BASED.
   4.  IN  DEVELOPING  THE  STATE  FOOD  GUIDELINES, THE DEPARTMENT SHALL
 CONSIDER THE FOLLOWING:
   (A) RECOMMENDATIONS FOR NUTRITION STANDARDS FOR FOODS,  BEVERAGES,  OR
 MEALS  MADE BY AUTHORITATIVE SCIENTIFIC ORGANIZATIONS, INCLUDING BUT NOT
 LIMITED TO, THE GUIDELINES FOR PURCHASED FOOD  RECOMMENDED  BY  THE  NEW
 YORK STATE FOOD POLICY COUNCIL, THE AMERICAN HEART ASSOCIATION WORKPLACE
 FOOD  AND  BEVERAGE  TOOLKIT,  THE  FOOD  SERVICE GUIDELINES FOR FEDERAL
 FACILITIES, THE USDA NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL  BREAKFAST
 PROGRAM  STANDARDS,  THE  USDA  CHILD AND ADULT CARE FOOD PROGRAM GUIDE-
 LINES, THE AMERICAN 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 GUIDELINES FOR DIFFERENT VENUES, SUCH AS CHILD-
 CARE, CORRECTIONAL FACILITIES, GOVERNMENT MEETINGS,  OR  OTHER  SETTINGS
 AND PROGRAMS WITH UNIQUE POPULATIONS OR CIRCUMSTANCES.
   §  253.  APPLICABILITY  OF  STATE  FOOD  GUIDELINES. 1. THE STATE FOOD
 GUIDELINES DEVELOPED UNDER SECTION TWO HUNDRED FIFTY-TWO OF  THIS  TITLE
 SHALL  INCLUDE  RECOMMENDATIONS  FOR  ALL FOODS AND BEVERAGES PURCHASED,
 PREPARED, SERVED, AND SOLD BY ALL STATE AGENCIES, PROGRAMS,  AND  INSTI-
 TUTIONS, INCLUDING BUT NOT LIMITED TO:
   (A) ALL STATE GOVERNMENT OFFICE BUILDINGS.
   (B) MEETINGS AND CONFERENCES 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.
   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
 S. 4364                             3
 
 SECTION,  SHALL,  TO THE GREATEST EXTENT POSSIBLE, BE MADE IN ACCORDANCE
 WITH THE STATE FOOD GUIDELINES.
   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, OR VENDING, OF FOOD OR
 BEVERAGE WILL, TO THE GREATEST  EXTENT  POSSIBLE,  ENSURE  THE  FOOD  OR
 BEVERAGE  SUPPLIED,  SERVED,  AND  SOLD  SHALL BE IN ACCORDANCE WITH THE
 STATE FOOD GUIDELINES.
   4. THE STATE FOOD GUIDELINES SHALL NOT APPLY TO  FOOD  DISTRIBUTED  OR
 SERVED BY AGENCIES DURING AN EMERGENCY OR DISASTER.
   5.  UNDER  ANY CONTRACT FOR THE PURCHASE, SERVICE, CATERING OR VENDING
 OF FOOD OR  BEVERAGES THAT IS SUBJECT TO  RENEWAL,  WHERE  SUCH  RENEWAL
 OCCURS AFTER THE STATE FOOD  GUIDELINES HAVE BECOME EFFECTIVE, THE STATE
 AGENCY SHALL PROVIDE SUCH CONTRACTOR NOTICE OF THE STATE FOOD GUIDELINES
 AND SHALL INCLUDE SUCH GUIDELINES IN THE TERMS OF THE RENEWAL CONTRACT.
   §  254.  IMPLEMENTATION  OF  STATE  FOOD GUIDELINES. WITHIN TWENTY-ONE
 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL ADOPT
 A PLAN FOR PROVIDING TECHNICAL AND SUPERVISORY ASSISTANCE TO STATE AGEN-
 CIES IMPLEMENTING THE STATE  FOOD  GUIDELINES  MADE  UNDER  SECTION  TWO
 HUNDRED FIFTY-TWO OF THIS TITLE. AT MINIMUM, SUCH PLAN SHALL ESTABLISH:
   1.  A  TIMELINE  FOR  STATE  AGENCIES  TO RECEIVE INITIAL TRAINING AND
 IMPLEMENT THE STATE FOOD GUIDELINES.
   2. A PROCESS BY WHICH THE DEPARTMENT SHALL MONITOR THE EXTENT TO WHICH
 STATE AGENCIES FOLLOW THE STATE FOOD GUIDELINES ON A ROUTINE  BASIS  AND
 FOLLOW UP WITH ADDITIONAL TECHNICAL ASSISTANCE AS NEEDED.
   3.  GUIDANCE  FOR APPLICABLE STATE AGENCIES TO ADOPT INTERNAL POLICIES
 ON THE CONTRACTING AND PURCHASING OF FOOD IN ACCORDANCE WITH  THE  STATE
 FOOD GUIDELINES.
   § 2. This act shall take effect immediately.