NY State Senate Bill 2023-S6359

Senate Bill S6359

2023-2024 Legislative Session

Relates to authorizing the use of funds from state or local sources for the provision or sale of New York milk in New York schools

download bill text pdf

Current Bill Status - In Senate Committee Education Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Apr 18, 2023	referred to education

2023-S6359 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §915-a, Ed L; amd §254-a, Ag & Mkts L

2023-S6359 (ACTIVE) - Summary

Relates to authorizing the use of funds from state or local sources for the provision or sale of New York milk in New York schools; requires the milk advisory council to participate in certain reporting requirements relating to consumption and availability of New York milk in New York schools; directs the department of agriculture and markets to undertake a study to increase processing of milk in New York state.

2023-S6359 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6359

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to provision or sale of
New York milk in New York schools; to amend the agriculture and markets
law, in relation to duties of the milk marketing advisory council; and
directing the department of agriculture and markets to conduct a study
to increase processing of milk in New York state; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

This bill will promote the sale and consumption of New York milk. It
would: allow schools located within New York to purchase, provide, and
sell whole milk and 2% milk produced instate; require the milk marketing
advisory council to report on New York milk in schools; and direct the
department of agriculture and markets to study opportunities for proc-
essing milk in New York State.

 
SUMMARY OF PROVISIONS:

Section one lists the short title: the "whole milk in New York schools
act."

Section two amends the education law by adding a new section 915-a that:

- Defines "New York milk", "New York school", "reduced fat New York
milk", and "whole New York milk"

- Permits school boards to obtain whole New York milk or reduced fat New
York milk to provide or sell at school

- Directs the commissioner of education to notify school districts of
the provisions contained in this legislation

- Requires the attorney general to bring civil action against the feder-
al government or other entity that withheld or revoked funds from a
school as a result of that school providing or selling whole New York
milk or reduced fat New York milk

- Calls for the commissioner of education and commissioner of agricul-
ture and markets to issue a report on the impacts of this legislation.

Section three amends the agriculture and markets law by adding a new
section 254-a that specifies the role of the milk marketing advisory
council.

Section four calls on the department of agriculture and markets to
conduct a study into expanding New York's milk processing capacity.

Section five provides the effective date and conditions for repeal.

 
JUSTIFICATION:

Whole milk was a staple of school breakfasts and lunches for decades due
to its healthy nutritional content. It's an excellent source of protein
that contains essential vitamins and nutrients.
However, after over fifty years of milk's inclusion in school meals,
policy makers began to reconsider whole milk's role in children's diets.
In response to rising childhood obesity, the federal government
restricted serving whole milk from being served to students in schools
starting in 2010. Although well-intentioned, we have seen rates for
childhood obesity and diabetes continue to rise over the last decade. In
essence, the continued growth of these juvenile health concerns despite
the absence of whole milk in school lunches suggests that milk was not
the main culprit for obesity and diabetes.

On top of that, students are missing out on the important health bene-
fits that whole milk can provide. Recent studies have found evidence
that intake of milk and dairy products was associated with reduced risk
of childhood obesity. This includes a study from St.  Michael's Hospi-
tal, which found that children who drank whole milk had 40% lower odds
of being overweight or obese compared with children who consumed
reduced-fat milk. Other studies have found that those who consume whole-
fat dairy may have a lower risk for heart disease and type 2 diabetes,
and lower blood pressure. They are more likely to have increased satiety
without weight gain and get better sleep. As evidence continues to show
that whole milk is beneficial, many dieticians are recommending that
people, children especially, consume the type of milk they prefer as
part of an overall healthy diet.

Allowing New York schools to purchase, provide, and sell both whole and
2% milk made instate would be a healthy choice for our young people
while also benefiting dairy farmers. New York is the fifth-largest dairy
producing state in the U.S., dropping from the fourth-highest position
as recently as 2020. By enacting this legislation, we are creating
markets for our dairy farmers who are facing financial strain amid a
recent global pandemic, rising inflation, and other industry-related
factors. By putting New York milk in New York schools, we are helping
our dairy farmers make a living while investing in the health and well-
being of children across the state.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
30 days after becoming law.

2023-S6359 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6359
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to provision or  sale  of
   New  York  milk  in  New  York  schools;  to amend the agriculture and
   markets law, in relation to duties  of  the  milk  marketing  advisory
   council;  and  directing  the department of agriculture and markets to
   conduct a study to increase processing of milk in New York state;  and
   providing for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "whole milk in New York schools act".
   §  2.  The  education  law is amended by adding a new section 915-a to
 read as follows:
   § 915-A. PROVISION OR SALE OF NEW YORK MILK IN NEW YORK SCHOOLS.    1.
 DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "NEW  YORK  MILK"  MEANS RAW MILK PRODUCED BY THE MILKING OF COWS
 PHYSICALLY LOCATED WITHIN  THE  GEOGRAPHIC  BOUNDARIES  OF  THIS  STATE,
 TRANSPORTED TO A DAIRY PROCESSING FACILITY LOCATED WITHIN THE GEOGRAPHIC
 BOUNDARIES  OF  THIS  STATE  AND PROCESSED AS FLUID MILK INTO CONTAINERS
 INTENDED FOR DISTRIBUTION TO CONSUMERS.
   (B) "NEW YORK SCHOOL"  MEANS  ANY  SCHOOL  DISTRICT,  CHARTER  SCHOOL,
 REGIONAL  CHARTER SCHOOL, AREA CAREER AND TECHNICAL SCHOOL OR INTERMEDI-
 ATE UNIT LOCATED WITHIN THIS STATE.
   (C) "REDUCED FAT NEW YORK MILK" MEANS NEW  YORK  MILK  CONTAINING  TWO
 PERCENT MILK FAT. THE TERM "REDUCED FAT NEW YORK MILK" SHALL INCLUDE NEW
 YORK MILK THAT HAS BEEN FLAVORED.
   (D)  "WHOLE  NEW  YORK  MILK"  MEANS NEW YORK MILK CONTAINING AT LEAST
 THREE PERCENT MILK FAT. THE TERM "WHOLE NEW YORK MILK" SHALL INCLUDE NEW
 YORK MILK THAT HAS BEEN FLAVORED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10743-02-3

 S. 6359                             2
 
   2. MILK DEEMED IN THE STREAM OF INTRASTATE  COMMERCE.  NEW  YORK  MILK
 THAT  IS  OFFERED FOR SALE TO A NEW YORK SCHOOL SHALL BE DEEMED TO BE IN
 THE STREAM OF INTRASTATE COMMERCE.
   3.  PROVISION  OR SALE OF NEW YORK MILK IN NEW YORK SCHOOLS.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW,  RULE  OR  REGULATION,  THE  SCHOOL
 BOARD  OR  OTHER  GOVERNING  ENTITY  OF  A  NEW YORK SCHOOL MAY ELECT TO
 UTILIZE FUNDS FROM STATE OR LOCAL SOURCES TO OBTAIN WHOLE NEW YORK  MILK
 OR REDUCED FAT NEW YORK MILK TO PROVIDE OR SELL AT SUCH NEW YORK SCHOOL.
   4.  DUTIES  OF  THE  COMMISSIONER.  THE  COMMISSIONER SHALL NOTIFY THE
 SUPERINTENDENT OR CHIEF ADMINISTRATOR OF EACH NEW  YORK  SCHOOL  OF  THE
 PROVISIONS OF THIS SECTION.
   5. RIGHT OF CIVIL ACTION. THE ATTORNEY GENERAL MAY, ON BEHALF OF A NEW
 YORK  SCHOOL, BRING A CIVIL ACTION AGAINST THE FEDERAL GOVERNMENT OR ANY
 OTHER ENTITY TO RECOVER FUNDS WITHHELD OR REVOKED  AS  A  RESULT  OF  AN
 ACTION  TAKEN  BY THE SCHOOL BOARD OR OTHER GOVERNING ENTITY OF SUCH NEW
 YORK SCHOOL UNDER SUBDIVISION THREE OF THIS SECTION. PROVIDED,  HOWEVER,
 THAT  IN  LIEU  OF  SUCH  CIVIL ACTION, THE STATE OF NEW YORK MAY PURSUE
 OTHER APPROPRIATE REMEDIES TO ENSURE THE CONTINUED PROVISION OR SALE  OF
 NEW YORK MILK IN NEW YORK SCHOOLS.
   6.  ALTERNATIVE  TO  CIVIL  ACTION. IF ANY FEDERAL LAW, RULE, OR REGU-
 LATION IS ENACTED THAT WOULD PREVENT A NEW YORK SCHOOL FROM PROVIDING OR
 SELLING WHOLE NEW YORK MILK OR REDUCED FAT NEW YORK  MILK,  FLAVORED  OR
 UNFLAVORED,  THEN  THE COMMISSIONER SHALL ISSUE A REPORT TO THE GOVERNOR
 AND THE LEGISLATURE RECOMMENDING ALTERNATIVE METHODS  TO  ENCOURAGE  AND
 PROMOTE THE AVAILABILITY OF WHOLE NEW YORK MILK AND REDUCED FAT NEW YORK
 MILK IN NEW YORK SCHOOLS.
   7. REPORTING. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
 SECTION,  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF
 AGRICULTURE AND MARKETS AND THE MILK MARKETING ADVISORY  COUNCIL  ESTAB-
 LISHED  PURSUANT  TO SECTION TWO HUNDRED FIFTY-FOUR-A OF THE AGRICULTURE
 AND MARKETS LAW, SHALL ISSUE A REPORT TO THE  CHAIRPERSON  AND  MINORITY
 CHAIRPERSON  OF THE SENATE AGRICULTURE COMMITTEE AND THE CHAIRPERSON AND
 MINORITY CHAIRPERSON OF THE ASSEMBLY AGRICULTURE COMMITTEE. SUCH  REPORT
 SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
   (A)  A  LIST  OF NEW YORK SCHOOLS THAT HAVE ELECTED TO PROVIDE OR SELL
 NEW YORK MILK UNDER SUBDIVISION THREE OF THIS SECTION;
   (B) THE APPROXIMATE INCREASE OR DECREASE IN THE CONSUMPTION  OF  FLUID
 MILK AT NEW YORK SCHOOLS SINCE THE EFFECTIVE DATE OF THIS SECTION;
   (C)  ACTIONS  TAKEN BY THE STATE OF NEW YORK TO PROMOTE NEW YORK WHOLE
 MILK AND NEW YORK REDUCED FAT MILK AVAILABILITY IN NEW YORK SCHOOLS; AND
   (D) ANY OTHER INFORMATION DEEMED RELEVANT  BY  THE  COMMISSIONER,  THE
 COMMISSIONER  OF  AGRICULTURE AND MARKETS OR THE MILK MARKETING ADVISORY
 COUNCIL ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR-A OF  THE
 AGRICULTURE AND MARKETS LAW FOR THE PURPOSES OF THIS SECTION.
   §  3.  Section  254-a of the agriculture and markets law is amended by
 adding a new subdivision 4 to read as follows:
   4. THE ADVISORY COUNCIL SHALL PARTICIPATE IN THE PREPARATION AND ISSU-
 ANCE OF THE REPORT REGARDING CONSUMPTION AND AVAILABILITY  OF  NEW  YORK
 MILK  IN  NEW  YORK SCHOOLS AS REQUIRED PURSUANT TO SUBDIVISION SEVEN OF
 SECTION NINE HUNDRED FIFTEEN-A OF THE EDUCATION LAW.
   § 4. Study to increase processing of milk in New York  state.  1.  The
 department  of  agriculture  and markets shall undertake a comprehensive
 study to assess ways to increase the processing of milk within the state
 of New York  for  intrastate  distribution  and  consumption,  including
 expanding processing facilities.
   2. The study shall:
 S. 6359                             3
 
   (a) Identify potential incentives for dairy processors to expand their
 operations and increase milk processing;
   (b)  Identify  areas  of  the  state  with  the greatest potential for
 expanding milk processing, taking into  consideration  existing  infras-
 tructure and resources;
   (c)  Identify  potential  funding  sources to support the expansion of
 milk processing, including federal and state  grants,  loans  and  other
 programs; and
   (d)  Identify  steps  the state can take to improve access to distrib-
 ution and processing networks for small dairies.
   3. The department of agriculture and markets shall submit a report  of
 its  findings and recommendations pursuant to the study to the governor,
 the speaker of the assembly, and the majority leader of  the  senate  no
 later than one year after the effective date of this section.
   4.  The  study  and report required by this section shall be funded by
 existing appropriations to the department of agriculture and markets.
   5. For the purposes of this section, the following  terms  shall  have
 the following meanings:
   (a)  "Study" shall mean the study required pursuant to subdivision one
 of this section; and
   (b) "Small dairies" shall mean dairies with 200 or fewer milk cows.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall  expire and be deemed repealed upon the
 occurrence of either of the following:
   1. The amendment or repeal  of  section  9(a)(2)(A)  of  the  National
 School  Lunch  Act  (60  Stat.  230,  42  U.S.C. § 1758(a)(2)(A)), which
 results in the availability of whole milk or reduced fat milk,  flavored
 or unflavored, in elementary and secondary schools in the state.
   2.  An  update to the Dietary Guidelines for Americans published under
 section 301 of the National Nutrition Monitoring  and  Related  Research
 Act  of  1990  (Public  Law 101-445, 7 U.S.C. § 5341), which permits the
 availability of whole milk or reduced fat milk, flavored or  unflavored,
 in elementary and secondary schools in the state.
   Provided, that the commissioner of education shall notify the legisla-
 tive  bill  drafting  commission  upon  the  occurrence  of either event
 described in subdivisions one or two of this section in order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.

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