Directs the commissioner of education, in cooperation with the commissioner of agriculture and markets, to establish voluntary guidelines to provide for the donation of excess, unused, edible food from school, university or other educational institutions meal programs to voluntary food assistance programs.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Krueger, Libous
TITLE OF BILL: An act to amend the agriculture and markets law and the education law, in relation to authorizing school districts and institutions of higher education to donate excess food to local voluntary food assistance programs
PURPOSE OF BILL: To establish a voluntary program to assist and facilitate the ability of schools districts and institutions of higher learning to donate excess unused food from their school meal programs to voluntary food assistance programs for the poor and disadvantaged.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Agriculture and Markets Law section 16 to authorize the Commissioner of Agriculture and Markets to cooperate with the Commissioner of Education in developing guidelines for a voluntary program to coordinate the donation of excess, unused, edible food derived from school meal programs to voluntary food assistance programs for the poor and disadvantaged, including community food pantries, soup kitchens, and other community or not-for-profit organizations that distribute food.
Section 2: Adds a new Education Law section 305 (32) to ask the Commissioner of Education to develop voluntary guidelines to encourage and facilitate the ability of school districts and institutions of higher learning to donate excess, unused, edible food from meals served at such facilities to local voluntary food assistance programs. To minimize any potential mandates on school districts, and the Department of Education, all that is being asked to be done is to establish some form of channel of communication between such educational institutions and nearby voluntary food assistance programs for the poor or disadvantaged so that if it is advantageous, that surplus food can be donated to the poor. This section also interrelates the communication between schools and food pantries with the farm-to-school program and the New York Harvest for New York Kids week program, which already is a line of communication on food and nutrition between the schools and Agriculture and Markets.
JUSTIFICATION: The United States Department of Agriculture (USDA) has encouraged the creation of programs that collect food that would otherwise be discarded and donate it to voluntary feeding programs such as food pantries and soup kitchens. There are existing efforts to collect food leftovers from food service operations such as restaurants, fundraising dinners, corporate lunchrooms and even airlines. school meal programs are also potential donors. There is funding for food gleaning through the Department of Health's Hunger Prevention Nutrition Assistance Program (HPNAP) which provides State support for emergency food programs.
Schools are required to carefully plan menus to meet the nutritional needs of children and minimize food waste. However, at times when there is bad weather or high absenteeism or other unusual circumstances there may be significant unserved food that could be used by emergency food programs. Nearly 2 million school lunches and breakfasts are served everyday in New York State.
LEGISLATIVE HISTORY: 2007/08 - A.5334 - Referred to Education 2009-10 - Similar to A.6453-A - Vetoed, Tabled. 2011-12 - S. 4288 - Referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: 180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2332 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________Introduced by Sens. KLEIN, GRISANTI -- 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 authorizing school districts and institutions of higher education to donate excess food to local voluntary food assistance programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 16 of the agriculture and markets law is amended by adding a new subdivision 5-c to read as follows: 5-C. COOPERATE WITH THE COMMISSIONER OF EDUCATION, PURSUANT TO SUBDI- VISION THIRTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO DEVELOP GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL DISTRICTS AND INSTITUTIONS OF HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO OF THE EDUCATION LAW, OF PROGRAMS WHICH ENCOURAGE THE DONATION OF EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCA- TIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS. S 2. Section 305 of the education law is amended by adding a new subdivision 32 to read as follows: 32. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS- SIONER OF AGRICULTURE AND MARKETS, SHALL DEVELOP VOLUNTARY GUIDELINES TO ENCOURAGE AND FACILITATE THE ABILITY OF SCHOOL DISTRICTS AND INSTI- TUTIONS OF HIGHER EDUCATION TO DONATE EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCATIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS INCLUDING, BUT NOT LIMITED TO, COMMUNITY FOOD PANTRIES, SOUP KITCHENS, AND OTHER COMMUNITY AND NOT-FOR-PROFIT ORGAN- IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED. SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO: A. A METHODOLOGY TO PROVIDE INFORMATION TO EDUCATIONAL INSTITUTIONS AND LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS OF SUCH GUIDELINES;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06714-01-3 S. 2332 2
B. A MEANS BY WHICH EDUCATIONAL INSTITUTIONS ARE PROVIDED WITH THE NAMES AND ADDRESSES OF ALL NEARBY LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS; C. A MEANS BY WHICH LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS ARE PROVIDED WITH THE NAMES AND ADDRESSES OF NEARBY EDUCATIONAL INSTITUTIONS WHICH SERVE MEALS UPON THEIR PREMISES; D. NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO ELECT TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS; AND E. THE PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE ON THE MANNER OF HOW TO BEST DONATE EXCESS FOOD IN A SAFE AND SANITARY MANNER. THE COMMISSIONER SHALL COORDINATE THE IMPLEMENTATION OF SUCH GUIDE- LINES WITH THE FARM-TO-SCHOOL PROGRAM AND THE NEW YORK HARVEST FOR NEW YORK KIDS WEEK PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FIVE-B OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.