S T A T E O F N E W Y O R K
________________________________________________________________________
7590
2025-2026 Regular Sessions
I N A S S E M B L Y
April 1, 2025
___________
Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law and chapter 537 of the laws of 1976,
relating to paid, free and reduced price breakfast for eligible pupils
in certain school districts, in relation to healthy school meals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions b and c of section 5 of chapter 537 of the
laws of 1976, relating to paid, free and reduced price breakfast for
eligible pupils in certain school districts, subdivision b as amended by
section 32-a of part A of chapter 56 of the laws of 2024 and subdivision
c as amended by section 22-b of part A of chapter 56 of the laws of
2022, are amended to read as follows:
b. Notwithstanding any monetary limitations with respect to school
lunch programs contained in any law or regulation, for school lunch
meals served in the school year commencing July 1, 2022 and each July 1
thereafter, a school food authority shall be eligible for a State subsi-
dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per
reduced-price lunch meal, for any school lunch meal served by such
school food authority; provided that the school food authority certifies
to the Department of Agriculture and Markets through the application
submitted pursuant to subdivision c of this section that such food
authority has purchased at least thirty percent of its total cost of
food products for its school lunch service program from New York state
farmers, growers, producers or processors in the preceding school year.
COMMENCING JULY 1, 2025, AND EACH JULY 1 THEREAFTER, A SCHOOL FOOD
AUTHORITY SHALL BE ALLOWED TO ATTRIBUTE MONEYS SPENT ON PURCHASES OF
FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCES-
SORS MADE FOR ITS SCHOOL BREAKFAST OR SNACK PROGRAMS TO THE THIRTY
PERCENT OF COSTS FOR SCHOOL BREAKFAST AND LUNCH SERVICE PROGRAMS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10040-03-5
A. 7590 2
c. The Department of Agriculture and Markets in cooperation with the
State Education Department, shall develop an application for school food
authorities to seek an additional State subsidy pursuant to this section
in a timeline and format prescribed by the commissioner of agriculture
and markets. Such application shall include, but not be limited to,
documentation demonstrating the school food authority's total food
purchases for its school BREAKFAST, SNACK, AND lunch service program,
and documentation demonstrating its total food purchases and percentages
for such program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New
York State farmers, growers, producers or processors in the preceding
school year. The application shall also include an attestation from the
school food authority's chief operating officer that it purchased at
least thirty percent of its total cost of food products, PERMITTED TO BE
COUNTED UNDER THIS SECTION, for its school BREAKFAST, SNACK, AND lunch
service program from New York State farmers, growers, producers or
processors in the preceding school year in order to meet the require-
ments for this additional State subsidy. School food authorities shall
be required to annually apply for this subsidy. After reviewing school
food authorities' completed applications for an additional State subsidy
pursuant to this section, the Department of Agriculture and Markets
shall certify to the State Education Department the school food authori-
ties approved for such additional State subsidy and the State Education
Department shall pay such additional State subsidy to such school food
authorities.
§ 2. The education law is amended by adding a new section 915-a to
read as follows:
§ 915-A. PROHIBITING THE SALE OF FOODS CONTAINING SYNTHETIC COLOR
ADDITIVES. 1. NO FOODS OR BEVERAGES, INCLUDING COMPETITIVE FOODS AS
DEFINED UNDER 7 CFR 210.11(A)(2) AND MEALS REIMBURSED UNDER PROGRAMS
AUTHORIZED BY THE FEDERAL RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
(PUBLIC LAW 113-79) AND THE FEDERAL CHILD NUTRITION ACT OF 1966 (42
U.S.C. SEC. 1771 ET SEQ.), CONTAINING ANY OF THE FOLLOWING SUBSTANCES
SHALL BE SOLD IN ANY PUBLIC SCHOOL WITHIN THE STATE:
A. FD&C RED NO. 3
B. FD&C RED NO. 40
C. FD&C BLUE NO. 1
D. FD&C BLUE NO. 2
E. FD&C GREEN NO. 3
F. FD&C YELLOW NO. 5
G. FD&C YELLOW NO. 6
H. TITANIUM DIOXIDE
2. A SCHOOL MAY PERMIT THE SALE OF FOODS AND BEVERAGES THAT DO NOT
COMPLY WITH SUBDIVISION ONE OF THIS SECTION IF THE SALE OF SUCH ITEMS
TAKES PLACE EITHER:
A. OFF AND AWAY FROM THE PREMISES OF THE SCHOOL; OR
B. ON SCHOOL PREMISES AT LEAST ONE-HALF HOUR AFTER THE END OF THE
SCHOOL DAY.
§ 3. The education law is amended by adding a new section 915-b to
read as follows:
§ 915-B. HEALTHY KITCHENS, HEALTHY SCHOOLS PROGRAM. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "ELIGIBLE KITCHEN UPGRADES" SHALL MEAN PURCHASE OF NEW KITCHEN
APPLIANCES, KITCHEN RENOVATIONS, OR OTHER IMPROVEMENTS TO A SCHOOL'S
KITCHEN THAT THE COMMISSIONER DETERMINES QUALIFY FOR A GRANT UNDER THE
PROGRAM.
A. 7590 3
(B) "PROGRAM" MEANS THE HEALTHY KITCHENS, HEALTHY SCHOOLS PROGRAM
ESTABLISHED UNDER SUBDIVISION TWO OF THIS SECTION.
2. THE DEPARTMENT SHALL ESTABLISH A "HEALTHY KITCHENS, HEALTHY SCHOOLS
PROGRAM" UNDER WHICH GRANTS SHALL BE AWARDED TO SCHOOLS IN THE STATE FOR
ELIGIBLE KITCHEN UPGRADES. THE COMMISSIONER SHALL DETERMINE ELIGIBILITY
REQUIREMENTS FOR SCHOOLS TO RECEIVE GRANTS UNDER THE PROGRAM, WHICH
SHALL PRIORITIZE SCHOOLS THAT LACK EXISTING FACILITIES TO PROVIDE HEAL-
THY LUNCHES TO STUDENTS.
3. THE COMMISSIONER SHALL ENSURE THAT EVERY SCHOOL DEEMED ELIGIBLE
UNDER SUBDIVISION TWO OF THIS SECTION SHALL RECEIVE SUFFICIENT GRANT
FUNDING UNDER THE PROGRAM FOR REQUESTED ELIGIBLE KITCHEN UPGRADES. IF
THE COMMISSIONER DETERMINES THAT ADEQUATE FUNDS DO NOT EXIST TO ENSURE
SUCH SUFFICIENT GRANT FUNDING, THE COMMISSIONER SHALL SUBMIT A REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY, DETAILING THE FUNDS NEEDED, AND REQUESTING AN APPROPRI-
ATION TO BE MADE THEREFOR.
4. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE ANY RULE OR REGULATION
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
§ 4. The education law is amended by adding a new section 915-c to
read as follows:
§ 915-C. LIMITING SUGAR CONTENT OF SCHOOL MEALS. EVERY SCHOOL IN THE
STATE SHALL PLAN THE MEALS IT PROVIDES TO STUDENTS IN A MANNER THAT
PREVENTS STUDENTS FROM CONSUMING MORE THAN TWENTY-FIVE GRAMS OF ADDED
SUGARS IN A DAY FROM SUCH SCHOOL MEALS. SUCH MEALS SHALL BE PLANNED IN A
MANNER UNDER WHICH A STUDENT RECEIVING A BREAKFAST MEAL AND LUNCH MEAL
AT A SCHOOL IN THE SAME DAY SHALL HAVE THE OPPORTUNITY TO CHOOSE ANY
AVAILABLE BREAKFAST MEAL OPTION AND ANY AVAILABLE LUNCH MEAL OPTION FOR
SUCH DAY, AND ANY SUCH COMBINATION OF SUCH BREAKFAST MEAL AND LUNCH MEAL
OPTIONS WOULD NOT EXCEED TWENTY-FIVE GRAMS OF ADDED SUGARS.
§ 5. This act shall take effect immediately.