Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state; allows waiver if price of such local food products is not reasonably competitive; allows waiver if such food products are not available in sufficient quantity.

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S4924A-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Dec 21, 2011: PRINT NUMBER 4924A
• Dec 21, 2011: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Apr 29, 2011: REFERRED TO LOCAL GOVERNMENT

S4924A-2011 Meetings

Local Government: Mar 14, 2012

S4924A-2011 Memo

BILL NUMBER:S4924A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to the purchase of local
food products by school districts

PURPOSE:
The purpose is to promote and support the sale of agricultural
products grown and food products processed within New York State by
requiring that school districts give preference to products grown,
produced, or harvested in New York.

SUMMARY OF PROVISIONS:
Amends Subdivision 9 of section 103 of the general municipal law to
require that school districts, when purchasing food products, give
preference to products grown, produced or harvested in New York
State. It further requires that preference be given to foods
processed in facilities located in New York.

The purchasing requirement shall be waived if the cost of the food
product is not reasonably competitive or does not exceed a cost
premium of ten percent above the cost of comparable out-of-state
products. An exception to the purchasing requirement is also given if
food products are not available in sufficient quantity for purchasing.

JUSTIFICATION:
New York growers and food manufacturers are proud to provide a rich
and diverse array of quality products such as locally grown produce,
syrups and sauces, cheese, honey, meats, pasta and baked goods -
fresh and processed products that never go out of season.

The New York State Pride of New York program was developed to promote
and support the sale of agricultural products grown and food products
processed within New York State. The Program's growing membership now
includes farmers and processors, retailers, distributors, restaurants
and related culinary and support associations all working together to
bring you wholesome, quality New York State products.

In keeping with USDA standards for healthy eating, school districts
throughout the State are being challenged to identify new and cost
effective ways to provide students with the nutrition they need to
lead healthy lives. By requiring schools to procure locally or within
the state, they will be accomplishing two important and necessary
tasks: (1) helping to ensure that young people have well-balanced,
healthy diets with access to farm-fresh produce and (2) contributing
to the local and statewide economy thereby supporting New York's
number one industry, which is agriculture.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to the academic
school year commencing on or after July 1, 2012.

S4924A-2011 Text

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

                                   4924--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 29, 2011
                                 ___________

  Introduced  by  Sens.  MONTGOMERY, OPPENHEIMER -- read twice and ordered
    printed, and when printed to be committed to the  Committee  on  Local
    Government -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  AN  ACT  to amend the general municipal law, in relation to the purchase
    of local food products by school districts

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


    Section  1. Subdivision 9 of section 103 of the general municipal law,
  as amended by chapter 269 of the laws of 2004, is  amended  to  read  as
  follows:

    9.  Notwithstanding  the  foregoing  provisions of this section to the
  contrary, a board of education [may] SHALL,  on  behalf  of  its  school
  district,  [separately  purchase  eggs,  livestock, fish, dairy products
  (excluding milk), juice, grains, and species of fresh fruit and  vegeta-
  bles  directly from New York State producers or growers, or associations
  of producers and growers] REQUIRE THAT ESSENTIAL COMPONENTS OF ALL  FOOD
  PRODUCTS PURCHASED ARE GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR
  THAT  ANY  PROCESSING  OF  SUCH  FOOD  PRODUCTS TAKE PLACE IN FACILITIES
  LOCATED WITHIN NEW YORK STATE, provided that:

    (a) [such] AN association of producers or  growers  THAT  PRODUCES  OR
  GROWS  EGGS,  LIVESTOCK,  FISH,  DAIRY PRODUCTS (EXCLUDING MILK), JUICE,
  GRAINS, AND SPECIES OF FRESH FRUIT AND VEGETABLES, is comprised  of  ten
  or  fewer  owners  of  farms  who  also  operate such farms and who have
  combined to fill the order of a school district  as  herein  authorized,
  provided  however,  that a school district may apply to the commissioner
  of education for permission to purchase from an association of more than
  ten owners of such farms when no other producers or growers have offered
  to sell to such school;
    (b) [the amount that may be expended  by  a  school  district  in  any
  fiscal year for such purchases shall not exceed an amount equal to twen-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10664-02-1

 S. 4924--A                          2

  ty  cents  multiplied  by  the  total  number of days in the school year
  multiplied by the total enrollment of such school district;
    (c)]  UPON DETERMINATION BY A BOARD OF EDUCATION THAT THE COST OF SUCH
  FOOD PRODUCTS IS NOT REASONABLY COMPETITIVE, THE SPECIFICATIONS  REQUIR-
  ING  SUCH  PURCHASE SHALL BE WAIVED FOR THAT SPECIFIC FOOD PRODUCT UNTIL
  THE NEXT CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR BID. FOR PURPOSES
  OF THIS SUBDIVISION "REASONABLY COMPETITIVE" SHALL MEAN THAT THE COST OF
  THE NEW YORK STATE GROWN, PRODUCED, HARVESTED OR PROCESSED FOOD  PRODUCT
  DOES NOT EXCEED A COST PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPA-
  RABLE PRODUCT THAT IS NOT GROWN, PRODUCED, HARVESTED OR PROCESSED IN NEW
  YORK STATE.
    (C) UPON DETERMINATION BY A BOARD OF EDUCATION THAT SUCH FOOD PRODUCTS
  ARE  NOT AVAILABLE IN SUFFICIENT QUANTITY FOR PURCHASING, THE SPECIFICA-
  TIONS REQUIRING SUCH PURCHASE SHALL BE WAIVED  FOR  THAT  SPECIFIC  FOOD
  PRODUCT  UNTIL  THE  NEXT  CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR
  BID.
    (D) all such purchases shall be administered pursuant  to  regulations
  promulgated by the commissioner of education. Such regulations shall: be
  developed  in  consultation  with  the  commissioner  of agriculture and
  markets to accommodate and promote the provisions of the  farm-to-school
  program  established  pursuant  to  subdivision  five-b of [the] section
  sixteen of the agriculture and markets law and subdivision thirty-one of
  section three hundred five of the education law as added by chapter  two
  of  the laws of two thousand [two] ONE; ensure that the prices paid by a
  district for any items so purchased do not exceed the prices of compara-
  ble local farm products that are available to  districts  through  their
  usual purchases of such items; ensure that all producers and growers who
  desire  to  sell  to  school districts can readily access information in
  accordance with the farm-to-school law;  include  provisions  for  situ-
  ations  when  more  than  one  producer or grower seeks to sell the same
  product to a district to ensure that all such producers or growers  have
  an  equitable  opportunity  to  do  so  in a manner similar to the usual
  purchasing practices of such districts; develop guidelines for  approval
  of  purchases  of  items  from associations of more than ten growers and
  producers; and, to the maximum extent practicable,  minimize  additional
  paperwork,  recordkeeping and other similar requirements on both growers
  and producers and school districts.
    S 2. This act shall take effect immediately and  shall  apply  to  the
  academic school year commencing on or after July 1, 2012; provided that,
  effective immediately, the addition, amendment and/or repeal of any rule
  or regulation necessary for the implementation of this act on its effec-
  tive  date  are  authorized  and directed to be made and completed on or
  before such effective date.