STATE OF NEW YORK
________________________________________________________________________
4763
2021-2022 Regular Sessions
IN SENATE
February 11, 2021
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to creating the office of
nutrition and fitness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 24-A
2 to read as follows:
3 ARTICLE 24-A
4 OFFICE OF NUTRITION AND FITNESS
5 Section 667. Statement of policy.
6 668. Definitions.
7 669. Office of nutrition and fitness; director.
8 670. Powers and duties.
9 671. Actions by other officers, departments, boards, commissions
10 or agencies.
11 § 667. Statement of policy. The legislature hereby reaffirms its poli-
12 cy to promote health and nutrition to protect the public from preventa-
13 ble diseases causally related to obesity by developing and implementing
14 a plan to educate and encourage health and nutrition in the state; and
15 recognizes that furtherance of such policy requires creation in the
16 executive department of an office of nutrition and fitness with staff
17 and skills requisite to act as the governor's agent in developing and
18 implementing healthy nutrition and fitness programs, to assure the prop-
19 er implementation and administration of such programs, and to assist the
20 governor and direct and coordinate the state's efforts with regard to
21 overall nutrition and fitness and the prevention of obesity.
22 § 668. Definitions. For the purposes of this article:
23 1. "Director" shall mean the director of nutrition and fitness.
24 2. "Office" shall mean the office of nutrition and fitness.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09212-01-1
S. 4763 2
1 § 669. Office of nutrition and fitness; director. There is hereby
2 created an office of nutrition and fitness in the executive department.
3 The head of the office shall be the director of nutrition and fitness
4 who shall be appointed by, and hold office at the pleasure of the gover-
5 nor. He or she shall receive a salary to be fixed by the governor within
6 the amount appropriated therefor. The director may appoint such depu-
7 ties, assistants, consultants and other employees as may be needed for
8 the performance of his or her duties and may prescribe their powers and
9 duties and fix their compensation within the amount appropriated there-
10 for. Such office may have an office seal.
11 § 670. Powers and duties. The director shall assist the governor with
12 regard to developing policy and programs to improve the nutrition and
13 fitness of the people of New York.
14 § 671. Actions by other officers, departments, boards, commissions or
15 agencies. 1. Notwithstanding any inconsistent provision of law, any
16 state officer, department, board, commission or agency, shall, upon
17 written request from the director, take such administrative or other
18 action as is necessary to implement and administer the programs devel-
19 oped by the office. Such action may include, without limitation, the
20 adoption, repeal or amendment of rules, regulations or other procedures.
21 In particular, the director shall work closely with the education
22 department to develop and implement programs to improve the health and
23 nutrition of students in school and with the department of health to
24 develop and implement the findings and recommendations of the obesity
25 prevention act, as established in title five of article two of the
26 public health law, as added by chapter five hundred thirty-eight of the
27 laws of two thousand two.
28 2. All state officers, departments, boards, commissions and agencies
29 are authorized and directed to provide such other and further assist-
30 ance, services and data as may be necessary to allow the director prop-
31 erly to carry out his or her functions, powers and duties.
32 § 2. This act shall take effect on the one hundred eightieth day after
33 it shall have become a law. Effective immediately, the addition, amend-
34 ment and/or repeal of any rule or regulation necessary for the implemen-
35 tation of this act on its effective date are authorized to be made and
36 completed on or before such effective date.
