Senate Bill S6900

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6900
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the agriculture and  markets  law,
   in relation to permitting schools located within the state to purchase
   certain New York milk

   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.  NEW  YORK MILK IN NEW YORK SCHOOLS. 1. FOR 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. "NEW YORK MILK" SHALL INCLUDE,
 BUT NOT BE LIMITED TO, WHOLE MILK AND REDUCED FAT MILK,  INCLUDING  MILK
 THAT HAS BEEN FLAVORED.
   (B) "SCHOOL" MEANS ANY PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE
 OR PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION, A
 SCHOOL BOARD OR OTHER GOVERNING ENTITY OF A SCHOOL MAY UTILIZE STATE  OR
 LOCAL FUNDS TO PROVIDE OR SELL NEW YORK MILK AT SUCH SCHOOL.
   3. THE COMMISSIONER SHALL PERFORM OUTREACH TO SCHOOLS TO ENSURE AWARE-
 NESS  OF  THE  PROVISIONS  OF  THIS SECTION. SUCH OUTREACH SHALL UTILIZE
 MATERIALS PRODUCED BY THE COMMISSIONER OF AGRICULTURE  AND  MARKETS,  IN
 CONSULTATION WITH THE MILK MARKETING ADVISORY COUNCIL ESTABLISHED PURSU-
 ANT  TO  SECTION TWO HUNDRED FIFTY-FOUR-A OF THE AGRICULTURE AND MARKETS
 LAW, INCLUDING INFORMATION REGARDING:
   (A) THE NUTRITIONAL BENEFITS OF NEW YORK MILK,  INCLUDING  WHOLE  MILK
 AND REDUCED FAT MILK; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11314-01-5
              

 S. 6900                             2
 
   (B) LOCAL SOURCING OPTIONS FOR NEW YORK MILK.
   4.  IF  ANY  FEDERAL LAW, RULE, OR REGULATION IS ENACTED THAT PREVENTS
 THE PROVISION OR SALE OF NEW YORK  MILK  IN  SCHOOLS,  THE  COMMISSIONER
 SHALL REVIEW AND CONSIDER ALTERNATIVE METHODS TO PROMOTE THE AVAILABILI-
 TY  OF NEW YORK MILK IN SCHOOLS AND SHALL ISSUE A REPORT TO THE GOVERNOR
 AND THE  LEGISLATURE  REGARDING  SUCH  ALTERNATIVE  METHODS  WITHIN  ONE
 HUNDRED  EIGHTY  DAYS  OF  ENACTMENT OF SUCH FEDERAL LAW, RULE, OR REGU-
 LATION.
   5. NEW YORK MILK PROVIDED OR SOLD IN SCHOOLS SHALL BE DEEMED TO BE  IN
 THE STREAM OF INTRASTATE COMMERCE.
   6.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  AGRICULTURE
 AND MARKETS AND THE MILK MARKETING ADVISORY COUNCIL ESTABLISHED PURSUANT
 TO  SECTION TWO HUNDRED FIFTY-FOUR-A OF THE AGRICULTURE AND MARKETS LAW,
 SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE  REGARDING  THE
 IMPLEMENTATION  OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NEED NOT
 BE LIMITED TO:
   (A) A LIST OF ALL SCHOOLS PROVIDING OR SELLING NEW YORK MILK  PURSUANT
 TO THIS SECTION;
   (B)  THE  APPROXIMATE INCREASE OR DECREASE IN THE PROVISION OR SALE OF
 NEW YORK MILK PURSUANT TO THIS SECTION; AND
   (C) ACTIONS TAKEN BY THE DEPARTMENT TO PERFORM OUTREACH TO SCHOOLS  AS
 REQUIRED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  2.  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 ASSIST THE COMMISSIONER IN THE  PREPARA-
 TION OF MATERIALS TO PROMOTE NEW YORK MILK IN SCHOOLS PURSUANT TO SUBDI-
 VISION  THREE OF SECTION NINE HUNDRED-FIFTEEN-A OF THE EDUCATION LAW AND
 IN THE PREPARATION OF A REPORT REGARDING THE PROVISION AND SALE  OF  NEW
 YORK  MILK  IN  SCHOOLS  PURSUANT  TO  SUBDIVISION  SIX  OF SECTION NINE
 HUNDRED-FIFTEEN-A OF THE EDUCATION LAW.
   § 3. 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, however, that the commissioner of education shall notify the
 legislative 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.