The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3708
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  RAJKUMAR,  EPSTEIN, WOERNER, PAULIN, THIELE,
   REYES, JEAN-PIERRE, TAYLOR, GLICK, SEAWRIGHT, HYNDMAN, DICKENS,  FALL,
   SAYEGH,  WILLIAMS,  DARLING,  WEPRIN,  STERN,  SIMON, JACKSON, KELLES,
   McMAHON,  L. ROSENTHAL,  DINOWITZ,  DE LOS SANTOS  --  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.
                                                            LBD04256-01-3
 A. 3708                             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.