S T A T E O F N E W Y O R K
________________________________________________________________________
996
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sens. HOYLMAN, ADDABBO, BRISPORT, GOUNARDES, HARCKHAM,
JACKSON, KAVANAGH, MYRIE, RIVERA, SEPULVEDA, SKOUFIS -- 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 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04256-01-3
S. 996 2
(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.