Senate Bill S8868

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8868
 
                             I N  S E N A T E
 
                             January 12, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the agriculture and markets law, in relation to enacting
   the New York state food security  purchase  and  processing  act;  and
   making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state food security purchase and processing act".
   §  2. Legislative findings and intent. 1. The legislature hereby finds
 that the COVID-19 pandemic  exposed  vulnerabilities  in  national  food
 supply  chains  and  underscored  the importance of resilient, local and
 regional food systems.
   2. New York State's  farmers,  food  processors,  and  emergency  food
 networks  have  demonstrated  their  essential roles in maintaining food
 access during times of disruption.
   3. The federal Local Food Purchase Assistance Program  has  shown  the
 potential of state-facilitated procurement to simultaneously reduce food
 insecurity and support agricultural viability.
   4.  The legislature finds that transitioning to a state-funded, perma-
 nent food procurement program that  requires  in-state  processing  will
 expand local economic impacts, promote sustainability, and increase food
 system self-reliance.
   5. Therefore, the legislature declares the necessity of establishing a
 state-level  program  that  purchases  food  grown or raised by New York
 farmers, requires processing within New York State, and distributes such
 food to communities in need.
   § 3. The agriculture and markets law is amended by adding a new  arti-
 cle 27-A to read as follows:
                               ARTICLE 27-A
         NEW YORK STATE FOOD SECURITY PURCHASE AND PROCESSING ACT
 SECTION 460. DEFINITIONS.
         461. ESTABLISHMENT  OF THE NEW YORK STATE FOOD SECURITY PURCHASE
                AND PROCESSING PROGRAM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14258-01-5
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         462. PROGRAM REQUIREMENTS.
         463. REPORTING.
   § 460. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PROGRAM" SHALL MEAN THE NEW YORK STATE FOOD SECURITY PURCHASE AND
 PROCESSING PROGRAM ESTABLISHED PURSUANT TO SECTION FOUR  HUNDRED  SIXTY-
 ONE OF THIS ARTICLE.
   2.  "ELIGIBLE  ENTITY" SHALL MEAN ANY FOOD BANK, EMERGENCY FOOD RELIEF
 ORGANIZATION, NONPROFIT FOOD DISTRIBUTOR, TRIBAL  GOVERNMENT,  OR  LOCAL
 MUNICIPALITY APPROVED BY THE DEPARTMENT TO RECEIVE AND DISTRIBUTE FOOD.
   3.  "NEW  YORK  STATE FOOD PRODUCER" SHALL MEAN ANY PERSON OR BUSINESS
 THAT GROWS, RAISES, HARVESTS, OR PROCESSES FOOD WITHIN THE STATE.
   4. "PROCESSING" SHALL MEAN ANY ACTIVITY THAT ALTERS  RAW  AGRICULTURAL
 PRODUCTS,  INCLUDING  BUT NOT LIMITED TO CUTTING, BUTCHERING, PACKAGING,
 FREEZING, COOKING, PRESERVING, OR OTHERWISE PREPARING  FOR  CONSUMPTION,
 AND MUST OCCUR WITHIN THE STATE.
   5.  "UNDERSERVED COMMUNITY" SHALL MEAN A GEOGRAPHIC AREA OR POPULATION
 EXPERIENCING HIGH LEVELS OF FOOD INSECURITY OR LIMITED ACCESS  TO  FRESH
 AND NUTRITIOUS FOOD, AS DETERMINED BY THE DEPARTMENT.
   §  461. ESTABLISHMENT OF THE NEW YORK STATE FOOD SECURITY PURCHASE AND
 PROCESSING PROGRAM. 1. THE DEPARTMENT IS HEREBY AUTHORIZED AND  DIRECTED
 TO  ESTABLISH  AND  ADMINISTER THE NEW YORK STATE FOOD SECURITY PURCHASE
 AND PROCESSING PROGRAM.
   2. THE PURPOSE OF THE PROGRAM SHALL BE TO:
   (A) PURCHASE FOOD GROWN AND/OR RAISED BY NEW YORK STATE  FOOD  PRODUC-
 ERS;
   (B)  ENSURE  ALL  FOOD PURCHASED UNDER THE PROGRAM IS PROCESSED WITHIN
 THE STATE;
   (C) DISTRIBUTE SUCH FOOD  THROUGH  ELIGIBLE  ENTITIES  TO  COMMUNITIES
 FACING FOOD INSECURITY;
   (D)  SUPPORT HISTORICALLY UNDERSERVED AND SOCIALLY DISADVANTAGED FARM-
 ERS AND FOOD PROCESSORS; AND
   (E) STRENGTHEN REGIONAL FOOD SYSTEMS AND ENHANCE ECONOMIC  DEVELOPMENT
 IN RURAL AND AGRICULTURAL COMMUNITIES.
   §  462.  PROGRAM  REQUIREMENTS.  1.  NOT  LESS  THAN NINETY PERCENT OF
 PROGRAM FUNDS SHALL BE USED FOR THE PURCHASE OF FOOD THAT IS:
   (A) GROWN OR RAISED WITHIN THE STATE; AND
   (B) PROCESSED WITHIN THE STATE AT A LICENSED OR INSPECTED FACILITY.
   2. THE DEPARTMENT SHALL PRIORITIZE PROPOSALS AND CONTRACTS THAT DEMON-
 STRATE THE FOLLOWING:
   (A) INVOLVEMENT OF SMALL TO MID-SIZED FARMS AND PROCESSORS;
   (B) SUPPORT FOR BLACK, INDIGENOUS, AND PEOPLE OF COLOR (BIPOC),  IMMI-
 GRANT, BEGINNING, AND HISTORICALLY UNDERSERVED PRODUCERS;
   (C)  PROVISION OF CULTURALLY APPROPRIATE OR MINIMALLY PROCESSED FOODS;
 AND
   (D) CONTRIBUTIONS TO REGIONAL FOOD SYSTEM INFRASTRUCTURE.
   3. ALL PROCUREMENT AGREEMENTS SHALL COMPLY WITH FAIR  MARKET  PRICING,
 FOOD  SAFETY  STANDARDS,  AND DEMONSTRATE A CLEAR PLAN FOR FOOD DISTRIB-
 UTION TO UNDERSERVED COMMUNITIES.
   § 463. REPORTING. 1. THE DEPARTMENT SHALL PREPARE AND  SUBMIT  TO  THE
 GOVERNOR,  THE  PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY
 AN ANNUAL REPORT ON OR BEFORE MARCH FIRST  OF  EACH  YEAR,  WHICH  SHALL
 INCLUDE:
   (A) A SUMMARY OF PROGRAM EXPENDITURES;
   (B) QUANTITIES AND TYPES OF FOOD PURCHASED;
   (C) GEOGRAPHIC DISTRIBUTION OF FUNDING;
 S. 8868                             3

   (D) DEMOGRAPHICS AND TYPES OF PRODUCERS AND PROCESSORS ENGAGED; AND
   (E) PROGRAM IMPACT ON FOOD INSECURITY AND LOCAL FOOD ECONOMIES.
   2.  THE  DEPARTMENT  IS AUTHORIZED TO CONVENE AN ADVISORY COMMITTEE OF
 STAKEHOLDERS INCLUDING BUT NOT LIMITED TO  FOOD  PRODUCERS,  PROCESSORS,
 EMERGENCY  FOOD  PROVIDERS, AND REGIONAL FOOD PLANNERS, TO PROVIDE INPUT
 ON PROGRAM IMPLEMENTATION AND EVALUATION.
   § 4. Appropriation. The sum of thirty million  dollars  ($30,000,000),
 or  so  much  thereof as may be necessary, is hereby appropriated to the
 department of agriculture and markets out of any  moneys  in  the  state
 treasury in the general fund not otherwise appropriated, for the purpose
 of carrying out the provisions of this act. Such moneys shall be payable
 on  the audit and warrant of the State Comptroller on vouchers certified
 or approved by the commissioner of agriculture and markets.
   § 5. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   § 6. This act shall take effect immediately.