Amd SS3, 16, 281 & 283, Ag & Mkts L; amd S224-b, County L
Establishes provisions to combat the incidence of adult and childhood obesity; provides for direct marketing of fresh vegetables and fruits in areas with a high incidence of adult and child obesity; directs Cornell cooperative extension program to offer obesity and respiratory disease prevention programs.
STATE OF NEW YORK
________________________________________________________________________
7114
IN SENATE
April 30, 2012
___________
Introduced by Sen. KLEIN -- 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, in relation to combat-
ing the incidence of adult and child obesity and encouraging direct
marketing of fresh fruits and vegetables in areas with a high inci-
dence of adult and child obesity; and to amend the county law, in
relation to the Cornell cooperative extension system relating to adult
and childhood obesity, asthma, and respiratory illness prevention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the agriculture and markets law, as amended by
2 chapter 651 of the laws of 1946, is amended to read as follows:
3 § 3. Declaration of policy and purposes. The agricultural industry is
4 basic to the life of our state. It vitally concerns and affects the
5 welfare, health, economic well-being and productive and industrial capa-
6 bilities of all our people. It is the policy and duty of the state to
7 promote, foster, and encourage the agricultural industry, with proper
8 standards of living for those engaged therein; to design and establish
9 long-range programs for its stabilization and profitable operation; to
10 increase through education, research, regulation, and scientific means,
11 the quantity, quality, and efficiency of its production; to improve its
12 marketing system; to encourage adequate and skilled assistance for agri-
13 cultural enterprises; to maintain at fair prices uncontrolled by specu-
14 lation the instrumentalities and products of agriculture; to remove
15 unnecessary or unfair costs and obstacles in the [transporation] trans-
16 portation, storage, processing, distribution, marketing, and sale of
17 agricultural products; to prevent frauds in the traffic therein; to
18 promote an expanded demand for the state's agricultural products and the
19 intelligent uses thereof by consumers as pure and wholesome food; to
20 protect the public health and to eliminate the evils of under-nourish-
21 ment; to encourage the selection and consumption of food according to
22 sound dietary and nutritional principles; to improve our citizens' over-
23 all health and to combat the increasing incidence of adult and childhood
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13426-11-2
S. 7114 2
1 obesity; and to make our people conscious of the bond of mutual self-in-
2 terest between our urban and our rural populations.
3 Accordingly, all laws enacted concerning the agricultural industry and
4 its allied subjects, whether included in this chapter or not, are to be
5 deemed an exercise of the police power of the state and a discharge of
6 its obligations for the promotion of the general welfare through state-
7 wide laws and regulations, local initiative and government, cooperative
8 action between groups and localities, home-rule measures, individual
9 enterprise, civic consciousness, and appropriate coordination with the
10 federal government and as between educational research institutions
11 within the state.
12 Such laws and all governmental measures adopted pursuant thereto
13 should receive a liberal interpretation and application in furtherance
14 of the aforesaid policy and purposes.
15 § 2. Subdivision 5-b of section 16 of the agriculture and markets law,
16 as added by chapter 2 of the laws of 2001, is amended to read as
17 follows:
18 5-b. (a) Establish, in cooperation with the commissioner of education,
19 a farm-to-school program to facilitate and promote the purchase of New
20 York farm products by schools, universities and other educational insti-
21 tutions under the jurisdiction of the education department. The depart-
22 ment shall solicit information from the education department regarding
23 school districts and other educational institutions interested in
24 purchasing New York farm products, including but not limited to, the
25 type and amount of such products schools wish to purchase and the name
26 of the appropriate contact person from the interested school district.
27 The department shall make this information readily available to inter-
28 ested New York farmers, farm organizations and businesses that market
29 New York farm products. The department shall provide information to the
30 education department and interested school districts and other educa-
31 tional institutions about the availability of New York farm products,
32 including but not limited to, the types and amount of products, and the
33 names and contact information of farmers, farm organizations and busi-
34 nesses marketing such products. The commissioner shall report to the
35 legislature on the need for changes in law to facilitate the purchases
36 of such products by schools and educational institutions.
37 The department shall also coordinate with the education department,
38 and school food service, education, health and nutrition, farm, and
39 other interested organizations in establishing a promotional event, to
40 be known as New York Harvest For New York Kids Week, in early October
41 each year, that will promote New York agriculture and foods to children
42 through school meal programs and the classroom, at farms and farmers'
43 markets and other locations in the community.
44 (b) Cooperate with the department of health in implementing the child-
45 hood obesity prevention program pursuant to title eight of article twen-
46 ty-five of the public health law and with the commissioner of education
47 to encourage the production and consumption of fresh locally produced
48 fruits and vegetables by elementary and secondary school aged children
49 pursuant to paragraph (a) of this subdivision to help combat the
50 increasing incidence of childhood obesity.
51 (c) Cooperate with federal, other state and municipal agencies to
52 encourage the expansion of community gardens pursuant to article two-C
53 of this chapter to help encourage the production and consumption of
54 fresh locally produced fruits and vegetables to help combat the increas-
55 ing incidence of adult and child obesity.
S. 7114 3
1 § 3. The opening paragraph of section 281 of the agriculture and
2 markets law, as added by chapter 834 of the laws of 1981, is amended to
3 read as follows:
4 The legislature hereby finds that inflation has caused higher prices
5 in all phases of farm and food production and farm and food products
6 distribution; and that the demand, by consumers within the state, for
7 increasing supplies of wholesome, fresh and nutritious farm and food
8 products provides a significant opportunity for the development of
9 alternative marketing structures for food grown within the state by
10 which such products may be supplied directly to the consuming public. In
11 addition, increasing the supply of wholesome, fresh, locally produced
12 fruits and vegetables can help to encourage the consumption of such
13 produce in a manner that helps to combat the increasing incidence of
14 adult and childhood obesity. Reducing the incidence of obesity can help
15 to improve the overall health of the general public, help to reduce the
16 cost of providing health care and reduce the state's costs of providing
17 such care.
18 § 4. Subdivision 5 of section 283 of the agriculture and markets law,
19 as added by chapter 834 of the laws of 1981, is amended and a new subdi-
20 vision 8-a is added to read as follows:
21 5. Provide assistance to consumer or non-profit organizations, public
22 or private agencies, hospitals and other health care facilities seeking
23 to purchase or facilitate the purchase of farm products directly from
24 producers.
25 8-a. Encourage the development of direct marketing programs, within
26 areas of the state designated by the department of health as having a
27 high incidence of childhood obesity and to increase the consumption of
28 fresh fruits and vegetables to help curb the incidence of childhood
29 obesity.
30 § 5. Subdivision 1 of section 224-b of the county law, as added by
31 chapter 575 of the laws of 1989, is amended to read as follows:
32 1. Agreements to employ and manage area program specialists. Notwith-
33 standing the provisions of subdivision eight of section two hundred
34 twenty-four of this article, two or more county cooperative extension
35 associations may enter into a separate agreement with Cornell university
36 to employ area program specialists. Examples of program areas which
37 could be funded and delivered through the Cornell cooperative extension
38 system could include but not be limited to water quality, solid waste
39 management, commercial and alternative agricultural technologies inte-
40 grated pest management, nutrition, diet and health, adult and childhood
41 obesity, asthma and chronic respiratory illness prevention, community
42 and rural development, housing availability and affordability, family
43 and economic well being, and the complex problems of youth at risk. Such
44 annual agreements shall identify the titles of the positions to be
45 supported and the program areas for which they will provide leadership.
46 Standards for the employment of area program specialists, including
47 salaries, shall be established by Cornell university, through the direc-
48 tor of extension in consultation with county cooperative extension asso-
49 ciations, apart from standards for the employment of professional staff
50 under section two hundred twenty-four of this article. Area program
51 specialists shall, for administrative purposes, receive salary payments
52 through the Cornell university payroll and for such purposes shall be
53 deemed employees of Cornell university; provided, however, that their
54 program activities shall be directed and managed jointly by the partic-
55 ipating associations and Cornell university under the terms of the annu-
56 al memorandum of agreement. Area program specialists shall be eligible
S. 7114 4
1 to receive the same state or federal fringe benefits as professional
2 staff employed by the cooperative extension associations under the terms
3 of section two hundred twenty-four of this article.
4 § 6. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law; provided that, effec-
6 tive immediately, any rules and regulations necessary to implement the
7 provisions of this act on its effective date are authorized and directed
8 to be completed on or before such date.
