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.
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 41 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, postpartum 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
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.
STATE OF NEW YORK ________________________________________________________________________ 265 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________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; OREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01417-01-1 S. 265 2
(F) ANY OTHER GOVERNMENTAL ENTITY OR INSTRUMENTALITY PERFORMING PROPRIETARY FUNCTION 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 ELEVEN TO PURCHASE FOOD AND BEVERAGES SHALL NOT BE REQUIRED TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHASING 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 42 to read as follows: 42. 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.