Establishes the New York calcium purchasing preference initiative by instructing the purchasing agent of any governmental entity to give preference to a product containing a higher level of calcium than products of the same type and quality which are equal to or lower in price than products of the same type and quality.

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S1332-2013 Actions

• Jan 9, 2013: REFERRED TO AGRICULTURE

S1332-2013 Memo

BILL NUMBER:S1332

TITLE  OF  BILL:   An act to amend the agriculture and markets law and
the education law, in relation to establishing the  New  York  calcium
purchasing preference initiative

PURPOSE:   To ensure that purchasing agents give preference to calcium
fortified foods and  beverages  over  non-fortified  products  in  all
public institutions.

SUMMARY OF PROVISIONS:  The bill adds a new subdivision 5-C to section
16 of the agriculture and markets law, as well as a new subdivision 43
to  section  305  of the education law. This bill will provide for the
commissioners of the New York  State  Departments  of  Education,  and
Agriculture  and  Markets to work together in carrying out the mission
of the  New  York  Calcium  Purchasing  Preference  Initiative,  which
instructs  purchasing  agents to give preference to food and beverages
that (1) contain a higher level of calcium than products of  the  same
type and quality; and (2) are equal to or lower in price than products
of  the  same  type  and  quality. Under this bill, a purchasing agent
shall not be required to purchase a high calcium food or beverage  for
any  governmental  entity  if  such  preferred  food  or beverage will
interfere with the treatment or care of any person.

EXISTING LAW:  Purchasing agents are not currently  required  to  give
preference  to  calcium  enriched  foods or beverages as instructed in
this bill.

JUSTIFICATION:  Calcium deficiencies are an epidemic, costing billions
of dollars per year, every year. Indeed, calcium deficient  diets  are
found in all generations, races and genders. The diseases now known to
be associated with calcium deficient diets are osteoporosis, childhood
and  pregnancy  related  hypertension  (pre-eclampsia), obesity, colon
cancer,  PMS,  post-partum  depression,  kidney  stone  formation  and
polycystic  ovary  disease.  "Calcium is one of two nutrients that has
been  singled  out  by  the  federal  government  as  constituting   a
sufficiently  severe  deficiency  as  to  warrant  national attention"
(Robert Reany, MD, FACP, FAIN, co-author  Indiana  Calcium  Initiative
Consensus Statement) (ICICS).

LEGISLATIVE HISTORY:
2001-2002: S.6291, Referred to Consumer Protection
2003-2004: S.3009, Referred to Consumer Protection
2005-2006: S.1797, Referred to Consumer Protection
2007-2008: S.4770, Referred to Consumer Protection
2009-2010: S.4149, Referred to Consumer Protection
2011-2012: 8.265, Died in Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:    This  act shall take effect immediately; provided,
that the commissioner of agriculture and markets and the  commissioner
of  education  are  authorized  to  promulgate  any  and all rules and
regulations necessary to implement the provisions of this  act  on  or
before such effective date.

S1332-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1332

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
    when printed to be committed to the Committee on Agriculture

  AN ACT to amend the agriculture and markets law and the  education  law,
    in relation to establishing the New York calcium purchasing preference
    initiative

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. This act shall be known and may be cited as the  "New  York
  calcium purchasing preference initiative".
    S  2.  Section  16  of  the  agriculture and markets law is amended by
  adding a new subdivision 5-c to read as follows:

    5-C.  ESTABLISH, IN COOPERATION WITH THE  COMMISSIONER  OF  EDUCATION,
  THE  NEW  YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.  THE PURCHASING
  AGENT FOR ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR  BEVERAGES  TO
  BE  PROCESSED  OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED BY SUCH
  GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:

    (A) CONTAIN A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE  SAME  TYPE
  AND QUALITY; AND
    (B)  ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE AND
  QUALITY.
    FOR THE PURPOSES OF  THIS  SUBDIVISION,  "GOVERNMENTAL  ENTITY"  SHALL
  MEAN:

    (A) THE STATE OF NEW YORK;
    (B)  A  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
  OR CIVIL SUBDIVISION OF THE STATE;
    (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY  OPERATING  A  PUBLIC
  SCHOOL, COLLEGE OR UNIVERSITY;
    (D) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
    (E)  AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION, COUN-
  CIL, OR OFFICE; OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00187-01-3

 S. 1332                             2

    (F)  ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  PERFORMING
  PROPRIETARY  FUNCTIONS FOR THE STATE, EXCEPT THE LEGISLATURE AND JUDICI-
  ARY.
    A  PURCHASING  AGENT  SHALL NOT BE REQUIRED TO PURCHASE A HIGH CALCIUM
  FOOD OR BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED  FOOD  OR
  BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
    THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
  REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
  PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
    NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, A
  PURCHASING AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER  BEFORE
  JULY  FIRST,  TWO THOUSAND THIRTEEN TO PURCHASE FOOD AND BEVERAGES SHALL
  NOT BE REQUIRED TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHAS-
  ING SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
    THE COMMISSIONER SHALL REPORT TO  THE  LEGISLATURE  ON  THE  NEED  FOR
  CHANGES  IN  LAW TO FACILITATE THE PURCHASES OF SUCH FOODS AND BEVERAGES
  BY A GOVERNMENTAL ENTITY.
    S 3. Section 305 of the education law  is  amended  by  adding  a  new
  subdivision 43 to read as follows:

    43. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
  TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
  ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
  AGRICULTURE  AND  MARKETS LAW. THE COMMISSIONER'S RESPONSIBILITIES SHALL
  INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
  OF AGRICULTURE AND MARKETS FROM SCHOOL DISTRICTS AND  OTHER  EDUCATIONAL
  INSTITUTIONS  UNDER  THE  DEPARTMENT'S JURISDICTION PURCHASING PREFERRED
  FOODS AND BEVERAGES. THE COMMISSIONER SHALL REPORT  TO  THE  LEGISLATURE
  ABOUT  THE  NEED  FOR  CHANGES IN LAW TO FACILITATE THE PURCHASE OF SUCH
  FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
    S 4. This act shall take effect immediately; provided,  however,  that
  the  commissioner  of  agriculture  and  markets and the commissioner of
  education are authorized to promulgate any and all rules and regulations
  necessary to implement the provisions of this  act  on  or  before  such
  effective date.