Permits schools located within the state to purchase reduced fat or whole New York milk to provide or sell at such school; defines New York milk as raw milk produced by milking cows within the state, transported to a dairy processing center within the state, and processed as fluid milk into containers intended for distribution to consumers.
STATE OF NEW YORK
________________________________________________________________________
7816
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. LUPARDO, TAGUE -- read once and referred to the
Committee on Education
AN ACT to amend the education law and the agriculture and markets law,
in relation to permitting schools located within the state to purchase
certain New York milk
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 915-a
2 to read as follows:
3 § 915-a. New York milk in New York schools. 1. For purposes of this
4 section, the following terms shall have the following meanings:
5 (a) "New York milk" means raw milk produced by the milking of cows
6 physically located within the geographic boundaries of this state,
7 transported to a dairy processing facility located within the geographic
8 boundaries of this state, and processed as fluid milk into containers
9 intended for distribution to consumers. "New York milk" shall include,
10 but not be limited to, whole milk and reduced fat milk, including milk
11 that has been flavored.
12 (b) "School" means any public school district, charter school, private
13 or parochial school, or board of cooperative educational services.
14 2. Notwithstanding any other provision of law, rule, or regulation, a
15 school board or other governing entity of a school may utilize state or
16 local funds to provide or sell New York milk at such school.
17 3. The commissioner shall perform outreach to schools to ensure aware-
18 ness of the provisions of this section. Such outreach shall utilize
19 materials produced by the commissioner of agriculture and markets, in
20 consultation with the milk marketing advisory council established pursu-
21 ant to section two hundred fifty-four-a of the agriculture and markets
22 law, including information regarding:
23 (a) the nutritional benefits of New York milk, including whole milk
24 and reduced fat milk; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11314-01-5
A. 7816 2
1 (b) local sourcing options for New York milk.
2 4. If any federal law, rule, or regulation is enacted that prevents
3 the provision or sale of New York milk in schools, the commissioner
4 shall review and consider alternative methods to promote the availabili-
5 ty of New York milk in schools and shall issue a report to the governor
6 and the legislature regarding such alternative methods within one
7 hundred eighty days of enactment of such federal law, rule, or regu-
8 lation.
9 5. New York milk provided or sold in schools shall be deemed to be in
10 the stream of intrastate commerce.
11 6. No later than one year after the effective date of this section,
12 the commissioner, in consultation with the commissioner of agriculture
13 and markets and the milk marketing advisory council established pursuant
14 to section two hundred fifty-four-a of the agriculture and markets law,
15 shall issue a report to the governor and the legislature regarding the
16 implementation of this section. Such report shall include, but need not
17 be limited to:
18 (a) a list of all schools providing or selling New York milk pursuant
19 to this section;
20 (b) the approximate increase or decrease in the provision or sale of
21 New York milk pursuant to this section; and
22 (c) actions taken by the department to perform outreach to schools as
23 required pursuant to subdivision three of this section.
24 § 2. Section 254-a of the agriculture and markets law is amended by
25 adding a new subdivision 4 to read as follows:
26 4. The advisory council shall assist the commissioner in the prepara-
27 tion of materials to promote New York milk in schools pursuant to subdi-
28 vision three of section nine hundred-fifteen-a of the education law and
29 in the preparation of a report regarding the provision and sale of New
30 York milk in schools pursuant to subdivision six of section nine
31 hundred-fifteen-a of the education law.
32 § 3. This act shall take effect on the thirtieth day after it shall
33 have become a law and shall expire and be deemed repealed upon the
34 occurrence of either of the following:
35 1. The amendment or repeal of section 9(a)(2)(A) of the National
36 School Lunch Act (60 Stat. 230, 42 U.S.C. § 1758(a)(2)(A)), which
37 results in the availability of whole milk or reduced fat milk, flavored
38 or unflavored, in elementary and secondary schools in the state.
39 2. An update to the Dietary Guidelines for Americans published under
40 section 301 of the National Nutrition Monitoring and Related Research
41 Act of 1990 (Public Law 101-445, 7 U.S.C. § 5341), which permits the
42 availability of whole milk or reduced fat milk, flavored or unflavored,
43 in elementary and secondary schools in the state.
44 Provided, however, that the commissioner of education shall notify the
45 legislative bill drafting commission upon the occurrence of either event
46 described in subdivisions one or two of this section in order that the
47 commission may maintain an accurate and timely effective data base of
48 the official text of the laws of the state of New York in furtherance of
49 effectuating the provisions of section 44 of the legislative law and
50 section 70-b of the public officers law.
