STATE OF NEW YORK
________________________________________________________________________
2652--A
2003-2004 Regular Sessions
IN ASSEMBLY
January 29, 2003
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Introduced by M. of A. ORTIZ, COOK, SMITH -- Multi-Sponsored by -- M. of
A. MAGEE, MANNING, ROBINSON -- read once and referred to the Committee
on Local Governments -- recommitted to the Committee on Local Govern-
ments in accordance with Assembly Rule 3, sec. 2 -- 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 farm products by school districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 103 of the general municipal law,
2 as amended by chapter 741 of the laws of 1986, is amended to read as
3 follows:
4 9. Notwithstanding the foregoing provisions of this section to the
5 contrary, a board of education may, on behalf of its school district,
6 separately purchase eggs, livestock, fish, dairy products (excluding
7 milk), juice, grains, and species of fresh fruit and vegetables directly
8 from New York State producers or growers, or associations of producers
9 and growers, provided that:
10 (a) such association of producers or growers is comprised of ten or
11 fewer owners of farms who also operate such farms and who have combined
12 to fill the order of a school district as herein authorized, provided
13 however, that a school district may apply to the commissioner of educa-
14 tion for permission to purchase from an association of more than ten
15 owners of such farms when no other producers or growers have offered to
16 sell to such school;
17 (b) the amount that may be expended by a school district in any fiscal
18 year for such purchases shall not exceed an amount equal to [fifteen]
19 twenty cents multiplied by the total number of days in the school year
20 multiplied by the total enrollment of such school district;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03682-05-4
A. 2652--A 2
1 (c) all such purchases shall be administered pursuant to regulations
2 promulgated by the commissioner of education. Such regulations shall:
3 be developed in consultation with the commissioner of agriculture and
4 markets to accommodate and promote the provisions of the farm-to-school
5 program established pursuant to subdivision five-b of the section
6 sixteen of the agriculture and markets law and subdivision thirty-one of
7 section three hundred five of the education law as added by chapter two
8 of the laws of two thousand two; ensure that the prices paid by a
9 district for any items so purchased do not exceed the [market value]
10 prices of comparable local farm products that are available to districts
11 through their usual purchases of such items [and]; ensure that all
12 producers and growers who desire to sell to [a district] school
13 districts can readily access information in accordance with the farm-to-
14 school law; include provisions for situations when more than one produc-
15 er or grower seeks to sell the same product to a district to ensure that
16 all such producers or growers have [equal opportunities] an equitable
17 opportunity to do so in a manner similar to the usual purchasing prac-
18 tices of such districts; develop guidelines for approval of purchases of
19 items from associations of more than ten growers and producers; and, to
20 the maximum extent practicable, minimize additional paperwork, record-
21 keeping and other similar requirements on both growers and producers and
22 school districts.
23 § 2. This act shall take effect immediately.
