S T A T E O F N E W Y O R K
________________________________________________________________________
7638
2025-2026 Regular Sessions
I N S E N A T E
April 24, 2025
___________
Introduced by Sens. HINCHEY, BAILEY, COONEY, HARCKHAM, HOYLMAN-SIGAL,
KRUEGER, MARTINS, MAY, MYRIE, PALUMBO, PARKER, ROLISON, S. RYAN, WEBB
-- read twice and ordered printed, and when printed to be committed to
the Committee on Procurement and Contracts
AN ACT to amend the general municipal law, in relation to the awarding
of certain purchase contracts to purchase food
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 103 of the general municipal law,
as amended by chapter 668 of the laws of 2023, is amended to read as
follows:
1. (A) Except as otherwise expressly provided by an act of the legis-
lature or by a local law adopted prior to September first, nineteen
hundred fifty-three, all contracts for public work involving an expendi-
ture of more than thirty-five thousand dollars and all purchase
contracts involving an expenditure of more than twenty thousand dollars,
shall be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but not limited
to a soil conservation district to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids in
the manner provided by this section[,]; provided, however, that purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) may be awarded on
the basis of best value, as defined in section one hundred sixty-three
of the state finance law, to a responsive and responsible bidder or
offerer in the manner provided by this section except that in a poli-
tical subdivision other than a city with a population of one million
inhabitants or more or any district, board or agency with jurisdiction
exclusively therein the use of best value for awarding a purchase
contract or purchase contracts must be authorized by local law or, in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11802-01-5
S. 7638 2
the case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting; AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
(INCLUDING CONTRACTS FOR FOOD SERVICE WORK, BUT EXCLUDING ANY PURCHASE
CONTRACT NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
QUALIFIED BIDDER WHO COMPLIES WITH ONE OR MORE OF THE VALUES BASED
PROCUREMENT STANDARDS PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED, HOWEVER, THAT THE
COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER THAN THE
COST INCLUDED IN A BID BY THE LOWEST RESPONSIBLE BIDDER. PROVIDED
FURTHER THAT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, ALL BIDDERS
ON FOOD PURCHASE CONTRACTS SHALL PROVIDE RELEVANT SUPPLY CHAIN DATA IN
ITS BID TO THE APPROPRIATE OFFICER, BOARD OR AGENCY. THE APPROPRIATE
OFFICER, BOARD OR AGENCY SHALL MAKE SUCH DATA PUBLICLY AVAILABLE ON THE
ENTITIES' RESPECTIVE WEBSITES, EXCEPTING DATA NOT SUBJECT TO DISCLOSURE
PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. In any case where a
responsible bidder's or responsible offerer's gross price is reducible
by an allowance for the value of used machinery, equipment, apparatus or
tools to be traded in by a political subdivision, the gross price shall
be reduced by the amount of such allowance, for the purpose of determin-
ing the best value. In cases where two or more responsible bidders
furnishing the required security submit identical bids as to price, such
officer, board or agency may award the contract to any of such bidders.
Such officer, board or agency may, in [his or her or its] THEIR
discretion, reject all bids or offers and readvertise for new bids or
offers in the manner provided by this section. In determining whether a
purchase is an expenditure within the discretionary threshold amounts
established by this subdivision, the officer, board or agency of a poli-
tical subdivision or of any district therein shall consider the reason-
ably expected aggregate amount of all purchases of the same commodities,
services or technology to be made within the twelve-month period
commencing on the date of purchase. Purchases of commodities, services
or technology shall not be artificially divided for the purpose of
satisfying the discretionary buying thresholds established by this
subdivision. A change to or a renewal of a discretionary purchase shall
not be permitted if the change or renewal would bring the reasonably
expected aggregate amount of all purchases of the same commodities,
services or technology from the same provider within the twelve-month
period commencing on the date of the first purchase to an amount greater
than the discretionary buying threshold amount. For purposes of this
section, "sealed bids" and "sealed offers", as that term applies to
purchase contracts, (including contracts for service work, but excluding
any purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) shall include bids
and offers submitted in an electronic format including submission of the
statement of non-collusion required by section one hundred three-d of
this article, provided that the governing board of the political subdi-
vision or district, by resolution, has authorized the receipt of bids
and offers in such format. Submission in electronic format may, for
technology contracts only, be required as the sole method for the
submission of bids and offers. Provided however, the appropriate offi-
cer, board or agency of a city with a population of one million inhabit-
ants or more, or any district, board or agency with jurisdiction exclu-
sively within such city, may authorize or require bids and offers for
any contract to be submitted in an electronic format. Bids and offers
S. 7638 3
submitted in an electronic format shall be transmitted by bidders and
offerers to the receiving device designated by the political subdivision
or district. Any method used to receive electronic bids and offers
shall comply with article three of the state technology law, and any
rules and regulations promulgated and guidelines developed thereunder
and, at a minimum, must [(a)] (I) document the time and date of receipt
of each bid and offer received electronically; [(b)] (II) authenticate
the identity of the sender; [(c)] (III) ensure the security of the
information transmitted; and [(d)] (IV) ensure the confidentiality of
the bid or offer until the time and date established for the opening of
bids or offers. The timely submission of an electronic bid or offer in
compliance with instructions provided for such submission in the adver-
tisement for bids or offers and/or the specifications shall be the
responsibility solely of each bidder or offerer or prospective bidder or
offerer. No political subdivision or district therein shall incur any
liability from delays of or interruptions in the receiving device desig-
nated for the submission and receipt of electronic bids and offers.
(B) (I) ALL SUPPLIER DATA, INCLUDING SUPPLIER DATA FROM SUBCONTRAC-
TORS, SHALL BE SUBMITTED TO THE ENTITY ISSUING THE REQUEST FOR PROPOSALS
AT THE TIME OF BID, TO THE BEST OF THE BIDDER'S ABILITY, AND UPDATED BY
THE WINNING BIDDER AT THE POINT OF CONTRACT EXECUTION. SUCH DATA SHALL
ALSO BE UPDATED ANNUALLY BY THE WINNING BIDDER AND UPON ANY CHANGES TO
SUPPLIER INFORMATION RELATED TO THE CONTRACT. SUCH DATA REQUIRED PURSU-
ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME AND FACILITY ADDRESS OF
EACH SUPPLIER, DISTRIBUTOR, PROCESSOR, AND PRODUCER INVOLVED IN THE
PROVISION OF THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
(II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS' FOOD
PURCHASE CONTRACTS AND BID PROPOSALS.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
(I) LOCAL ECONOMIES. NEW YORK STATE OR REGIONAL SUPPLIERS THAT ARE
SOURCING FOOD PRODUCTS IN WHICH FIFTY-ONE PERCENT OR MORE OF THE RAW
AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED, PROCESSED AND MANU-
FACTURED WITH WITHIN THE STATE OR REGION (WITHIN ONE HUNDRED MILES FOR
PRODUCE AND TWO HUNDRED MILES FOR ANIMAL PRODUCTS); AND
(II) ENVIRONMENTAL SUSTAINABILITY. PRODUCERS THAT ADOPT ONE OR MORE
PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH AND INCREASED CARBON
SEQUESTRATION AND STORAGE, AND THAT ACHIEVE NET SHORT-TERM AND LONG-TERM
GREENHOUSE GAS BENEFITS. SUCH PRACTICES SHALL:
(A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
FERTILIZERS THROUGH THE USE OF PRECISION AGRICULTURE, INTEGRATED PEST
MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
(B) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED AS
USE WHERE IT CAN BE SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
(C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
TICES, INCLUDING BUT NOT LIMITED TO PLANTING COVER CROPS, ADOPTING
NO-TILL AND REDUCED TILLAGE, INCREASING CROP ROTATIONS AND INTERCROP-
PING, AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
ENCE OF SOILS;
(D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
(E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND DETERIORATION
OF LOCAL AIR QUALITY;
S. 7638 4
(F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
AGRICULTURAL WASTE, AND MANURE MANAGEMENT; OR
(G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
HOUSE GAS EMISSIONS; OR
(III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
TAGED FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY DISADVAN-
TAGED" SHALL MEAN INDIVIDUALS WHO HAVE BEEN SUBJECT TO DISCRIMINATION BY
VIRTUE OF THEIR MEMBERSHIP OF A PARTICULAR GROUP WHICH MAY INCLUDE, BUT
IS NOT LIMITED TO, BLACK OR AFRICAN AMERICAN, AMERICAN INDIAN OR ALASKA
NATIVE, HISPANIC OR LATINO, AND ASIAN OR PACIFIC ISLANDER; OR
(IV) VALUED WORKFORCE. SUPPLIERS WHO RESPECT AND PROTECT WORKERS'
RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
IATE WITH WORKER CENTERS AND ALTERNATIVE FORMS OF WORKER REPRESENTATION
AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION AND INTERFERENCE; AS
EVIDENCED BY AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A BONA
FIDE LABOR UNION; HAVING WORKER-LED WORKPLACE HEALTH AND SAFETY COMMIT-
TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
(V) VALUED AGRICULTURAL SECTOR. SUPPLIERS WHO PAY FARMERS A FAIR
PRICE, USING UNITED STATES DEPARTMENT OF AGRICULTURE PRICING STANDARDS,
FOR THE PRODUCTS THEY SUPPLY THAT COVERS THEIR ACTUAL COST OF
PRODUCTION; AND TO SUPPLIERS WHO PAY FAIR REMUNERATION TO FARMERS FOR
THEIR MANAGEMENT AND LABOR; OR
(VI) ANIMAL WELFARE. PRODUCERS WHO PROVIDE MORE HUMANE CARE FOR FARMED
ANIMALS BY PROVIDING ENOUGH SPACE AND ENVIRONMENTAL ENRICHMENTS TO ALLOW
ANIMALS TO CARRY OUT THEIR NATURAL BEHAVIORS, USING PAIN CONTROL AS
NEEDED WHEN CARRYING OUT PHYSICAL ALTERATIONS, UTILIZING RESPONSIBLE,
THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
AS DEMONSTRATED BY ENROLLMENT IN AN INDEPENDENT ANIMAL WELFARE CERTIF-
ICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING A
PRODUCER'S COMPLIANCE WITH ONE HUNDRED PERCENT OF THE PROGRAM'S WELFARE
STANDARDS; OR
(VII) NUTRITION. FOODS THAT PROMOTE HEALTH AND WELL BEING, COMPRISED
OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
BLES, ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS, ARTIFI-
CIAL ADDITIVES, AND SATURATED, HYDROGENATED, AND TRANS FATS.
§ 2. Subdivision 1 of section 103 of the general municipal law, as
amended by section 2 of chapter 2 of the laws of 2012, is amended to
read as follows:
1. (A) Except as otherwise expressly provided by an act of the legis-
lature or by a local law adopted prior to September first, nineteen
hundred fifty-three, all contracts for public work involving an expendi-
ture of more than thirty-five thousand dollars and all purchase
contracts involving an expenditure of more than twenty thousand dollars,
shall be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but not limited
to a soil conservation district to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids in
the manner provided by this section[,]; provided, however, that purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) may be awarded on
the basis of best value, as defined in section one hundred sixty-three
of the state finance law, to a responsive and responsible bidder or
S. 7638 5
offerer in the manner provided by this section except that in a poli-
tical subdivision other than a city with a population of one million
inhabitants or more or any district, board or agency with jurisdiction
exclusively therein the use of best value of awarding a purchase
contract or purchase contracts must be authorized by local law or, in
the case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting; AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
(INCLUDING CONTRACTS FOR SERVICE WORK, BUT EXCLUDING ANY PURCHASE
CONTRACT NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
QUALIFIED BIDDER WHO COMPLIES WITH ONE OR MORE OF THE VALUES BASED
PROCUREMENT STANDARDS PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED, HOWEVER, THAT THE
COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER THAN THE
COST INCLUDED IN A BID BY THE LOWEST RESPONSIBLE BIDDER. PROVIDED
FURTHER THAT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, ALL BIDDERS
SHALL PROVIDE RELEVANT SUPPLY CHAIN DATA IN ITS BID TO THE APPROPRIATE
OFFICER, BOARD OR AGENCY. THE APPROPRIATE OFFICER, BOARD OR AGENCY SHALL
MAKE SUCH DATA PUBLICLY AVAILABLE ON THE ENTITIES' RESPECTIVE WEBSITES,
EXCEPTING DATA NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE
PUBLIC OFFICERS LAW. In determining whether a purchase is an expendi-
ture within the discretionary threshold amounts established by this
subdivision, the officer, board or agency of a political subdivision or
of any district therein shall consider the reasonably expected aggregate
amount of all purchases of the same commodities, services or technology
to be made within the twelve-month period commencing on the date of
purchase. Purchases of commodities, services or technology shall not be
artificially divided for the purpose of satisfying the discretionary
buying thresholds established by this subdivision. A change to or a
renewal of a discretionary purchase shall not be permitted if the change
or renewal would bring the reasonably expected aggregate amount of all
purchases of the same commodities, services or technology from the same
provider within the twelve-month period commencing on the date of the
first purchase to an amount greater than the discretionary buying thres-
hold amount. In any case where a responsible bidder's or responsible
offerer's gross price is reducible by an allowance for the value of used
machinery, equipment, apparatus or tools to be traded in by a political
subdivision, the gross price shall be reduced by the amount of such
allowance, for the purpose of determining the low bid or best value. In
cases where two or more responsible bidders furnishing the required
security submit identical bids as to price, such officer, board or agen-
cy may award the contract to any of such bidders. Such officer, board or
agency may, in [his, her or its] THEIR discretion, reject all bids or
offers and readvertise for new bids or offers in the manner provided by
this section.
(B) (I) ALL SUPPLIER DATA, INCLUDING SUPPLIER DATA FROM SUBCONTRAC-
TORS, SHALL BE SUBMITTED TO THE ENTITY ISSUING THE REQUEST FOR PROPOSALS
AT THE TIME OF BID, TO THE BEST OF THE BIDDER'S ABILITY, AND UPDATED BY
THE WINNING BIDDER AT THE POINT OF CONTRACT EXECUTION. SUCH DATA SHALL
ALSO BE UPDATED ANNUALLY BY THE WINNING BIDDER AND UPON ANY CHANGES TO
SUPPLIER INFORMATION RELATED TO THE CONTRACT. SUCH DATA REQUIRED PURSU-
ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME AND FACILITY ADDRESS OF
EACH SUPPLIER, DISTRIBUTOR, PROCESSOR, AND PRODUCER INVOLVED IN THE
PROVISION OF THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
S. 7638 6
(II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS' FOOD
PURCHASE CONTRACTS AND BID PROPOSALS.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
(I) LOCAL ECONOMIES. NEW YORK STATE OR REGIONAL SUPPLIERS THAT ARE
SOURCING FOOD PRODUCTS IN WHICH FIFTY-ONE PERCENT OR MORE OF THE RAW
AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED, PROCESSED AND MANU-
FACTURED WITH WITHIN THE STATE OR REGION (WITHIN ONE HUNDRED MILES FOR
PRODUCE AND TWO HUNDRED MILES FOR ANIMAL PRODUCTS); AND
(II) ENVIRONMENTAL SUSTAINABILITY. PRODUCERS THAT ADOPT ONE OR MORE
PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH AND INCREASED CARBON
SEQUESTRATION AND STORAGE, AND THAT ACHIEVE NET SHORT-TERM AND LONG-TERM
GREENHOUSE GAS BENEFITS. SUCH PRACTICES SHALL:
(A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
FERTILIZERS THROUGH THE USE OF PRECISION AGRICULTURE, INTEGRATED PEST
MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
(B) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED AS
USE WHERE IT CAN BE SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
(C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
TICES, INCLUDING BUT NOT LIMITED TO PLANTING COVER CROPS, ADOPTING
NO-TILL AND REDUCED TILLAGE, INCREASING CROP ROTATIONS AND INTERCROP-
PING, AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
ENCE OF SOILS;
(D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
(E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND DETERIORATION
OF LOCAL AIR QUALITY;
(F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
AGRICULTURAL WASTE, AND MANURE MANAGEMENT; OR
(G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
HOUSE GAS EMISSIONS; OR
(III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
TAGED FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY DISADVAN-
TAGED" SHALL MEAN INDIVIDUALS WHO HAVE BEEN SUBJECT TO DISCRIMINATION BY
VIRTUE OF THEIR MEMBERSHIP OF A PARTICULAR GROUP WHICH MAY INCLUDE, BUT
IS NOT LIMITED TO, BLACK OR AFRICAN AMERICAN, AMERICAN INDIAN OR ALASKA
NATIVE, HISPANIC OR LATINO, AND ASIAN OR PACIFIC ISLANDER; OR
(IV) VALUED WORKFORCE. SUPPLIERS WHO RESPECT AND PROTECT WORKERS'
RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
IATE WITH WORKER CENTERS AND ALTERNATIVE FORMS OF WORKER REPRESENTATION
AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION AND INTERFERENCE; AS
EVIDENCED BY AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A BONA
FIDE LABOR UNION; HAVING WORKER-LED WORKPLACE HEALTH AND SAFETY COMMIT-
TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
(V) VALUED AGRICULTURAL SECTOR. SUPPLIERS WHO PAY FARMERS A FAIR
PRICE, USING UNITED STATES DEPARTMENT OF AGRICULTURE PRICING STANDARDS,
FOR THE PRODUCTS THEY SUPPLY THAT COVERS THEIR ACTUAL COST OF
PRODUCTION; AND TO SUPPLIERS WHO PAY FAIR REMUNERATION TO FARMERS FOR
THEIR MANAGEMENT AND LABOR; OR
(VI) ANIMAL WELFARE. PRODUCERS WHO PROVIDE MORE HUMANE CARE FOR FARMED
ANIMALS BY PROVIDING ENOUGH SPACE AND ENVIRONMENTAL ENRICHMENTS TO ALLOW
ANIMALS TO CARRY OUT THEIR NATURAL BEHAVIORS, USING PAIN CONTROL AS
NEEDED WHEN CARRYING OUT PHYSICAL ALTERATIONS, UTILIZING RESPONSIBLE,
S. 7638 7
THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
AS DEMONSTRATED BY ENROLLMENT IN AN INDEPENDENT ANIMAL WELFARE CERTIF-
ICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING A
PRODUCER'S COMPLIANCE WITH ONE HUNDRED PERCENT OF THE PROGRAM'S WELFARE
STANDARDS; OR
(VII) NUTRITION. FOODS THAT PROMOTE HEALTH AND WELL BEING, COMPRISED
OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
BLES, ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS, ARTIFI-
CIAL ADDITIVES, AND SATURATED, HYDROGENATED, AND TRANS FATS.
§ 3. This act shall take effect immediately; provided, however that
the amendments to subdivision 1 of section 103 of the general municipal
law made by section one of this act shall be subject to the expiration
and reversion of such subdivision pursuant to subdivision (a) of section
41 of part X of chapter 62 of the laws of 2003, when upon such date the
provisions of section two of this act shall take effect.
