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.