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S06359 Summary:

BILL NOS06359
 
SAME ASNo Same As
 
SPONSORMAY
 
COSPNSR
 
MLTSPNSR
 
Add §915-a, Ed L; amd §254-a, Ag & Mkts L
 
Relates to authorizing the use of funds from state or local sources for the provision or sale of New York milk in New York schools; requires the milk advisory council to participate in certain reporting requirements relating to consumption and availability of New York milk in New York schools; directs the department of agriculture and markets to undertake a study to increase processing of milk in New York state.
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S06359 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6359
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     April 18, 2023
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law, in relation to provision or  sale  of
          New  York  milk  in  New  York  schools;  to amend the agriculture and
          markets law, in relation to duties  of  the  milk  marketing  advisory
          council;  and  directing  the department of agriculture and markets to
          conduct a study to increase processing of milk in New York state;  and
          providing for the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "whole milk in New York schools act".
     3    §  2.  The  education  law is amended by adding a new section 915-a to
     4  read as follows:
     5    § 915-a. Provision or sale of New York milk in New York schools.    1.
     6  Definitions. For the purposes of this section, the following terms shall
     7  have the following meanings:
     8    (a)  "New  York  milk"  means raw milk produced by the milking of cows
     9  physically located within  the  geographic  boundaries  of  this  state,
    10  transported to a dairy processing facility located within the geographic
    11  boundaries  of  this  state  and processed as fluid milk into containers
    12  intended for distribution to consumers.
    13    (b) "New York school"  means  any  school  district,  charter  school,
    14  regional  charter school, area career and technical school or intermedi-
    15  ate unit located within this state.
    16    (c) "Reduced fat New York milk" means New  York  milk  containing  two
    17  percent milk fat. The term "reduced fat New York milk" shall include New
    18  York milk that has been flavored.
    19    (d)  "Whole  New  York  milk"  means New York milk containing at least
    20  three percent milk fat. The term "whole New York milk" shall include New
    21  York milk that has been flavored.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10743-02-3

        S. 6359                             2
 
     1    2. Milk deemed in the stream of intrastate  commerce.  New  York  milk
     2  that  is  offered for sale to a New York school shall be deemed to be in
     3  the stream of intrastate commerce.
     4    3.  Provision  or sale of New York milk in New York schools.  Notwith-
     5  standing any other provision of law,  rule  or  regulation,  the  school
     6  board  or  other  governing  entity  of  a  New York school may elect to
     7  utilize funds from state or local sources to obtain whole New York  milk
     8  or reduced fat New York milk to provide or sell at such New York school.
     9    4.  Duties  of  the  commissioner.  The  commissioner shall notify the
    10  superintendent or chief administrator of each New  York  school  of  the
    11  provisions of this section.
    12    5. Right of civil action. The attorney general may, on behalf of a New
    13  York  school, bring a civil action against the federal government or any
    14  other entity to recover funds withheld or revoked  as  a  result  of  an
    15  action  taken  by the school board or other governing entity of such New
    16  York school under subdivision three of this section. Provided,  however,
    17  that  in  lieu  of  such  civil action, the state of New York may pursue
    18  other appropriate remedies to ensure the continued provision or sale  of
    19  New York milk in New York schools.
    20    6.  Alternative  to  civil  action. If any federal law, rule, or regu-
    21  lation is enacted that would prevent a New York school from providing or
    22  selling whole New York milk or reduced fat New York  milk,  flavored  or
    23  unflavored,  then  the commissioner shall issue a report to the governor
    24  and the legislature recommending alternative methods  to  encourage  and
    25  promote the availability of whole New York milk and reduced fat New York
    26  milk in New York schools.
    27    7. Reporting. No later than two years after the effective date of this
    28  section,  the  commissioner,  in  consultation  with the commissioner of
    29  agriculture and markets and the milk marketing advisory  council  estab-
    30  lished  pursuant  to section two hundred fifty-four-a of the agriculture
    31  and markets law, shall issue a report to the  chairperson  and  minority
    32  chairperson  of the senate agriculture committee and the chairperson and
    33  minority chairperson of the assembly agriculture committee. Such  report
    34  shall include all of the following information:
    35    (a)  A  list  of New York schools that have elected to provide or sell
    36  New York milk under subdivision three of this section;
    37    (b) The approximate increase or decrease in the consumption  of  fluid
    38  milk at New York schools since the effective date of this section;
    39    (c)  Actions  taken by the state of New York to promote New York whole
    40  milk and New York reduced fat milk availability in New York schools; and
    41    (d) Any other information deemed relevant  by  the  commissioner,  the
    42  commissioner  of  agriculture and markets or the milk marketing advisory
    43  council established pursuant to section two hundred fifty-four-a of  the
    44  agriculture and markets law for the purposes of this section.
    45    §  3.  Section  254-a of the agriculture and markets law is amended by
    46  adding a new subdivision 4 to read as follows:
    47    4. The advisory council shall participate in the preparation and issu-
    48  ance of the report regarding consumption and availability  of  New  York
    49  milk  in  New  York schools as required pursuant to subdivision seven of
    50  section nine hundred fifteen-a of the education law.
    51    § 4. Study to increase processing of milk in New York  state.  1.  The
    52  department  of  agriculture  and markets shall undertake a comprehensive
    53  study to assess ways to increase the processing of milk within the state
    54  of New York  for  intrastate  distribution  and  consumption,  including
    55  expanding processing facilities.
    56    2. The study shall:

        S. 6359                             3
 
     1    (a) Identify potential incentives for dairy processors to expand their
     2  operations and increase milk processing;
     3    (b)  Identify  areas  of  the  state  with  the greatest potential for
     4  expanding milk processing, taking into  consideration  existing  infras-
     5  tructure and resources;
     6    (c)  Identify  potential  funding  sources to support the expansion of
     7  milk processing, including federal and state  grants,  loans  and  other
     8  programs; and
     9    (d)  Identify  steps  the state can take to improve access to distrib-
    10  ution and processing networks for small dairies.
    11    3. The department of agriculture and markets shall submit a report  of
    12  its  findings and recommendations pursuant to the study to the governor,
    13  the speaker of the assembly, and the majority leader of  the  senate  no
    14  later than one year after the effective date of this section.
    15    4.  The  study  and report required by this section shall be funded by
    16  existing appropriations to the department of agriculture and markets.
    17    5. For the purposes of this section, the following  terms  shall  have
    18  the following meanings:
    19    (a)  "Study" shall mean the study required pursuant to subdivision one
    20  of this section; and
    21    (b) "Small dairies" shall mean dairies with 200 or fewer milk cows.
    22    § 5. This act shall take effect on the thirtieth day  after  it  shall
    23  have  become  a  law  and  shall  expire and be deemed repealed upon the
    24  occurrence of either of the following:
    25    1. The amendment or repeal  of  section  9(a)(2)(A)  of  the  National
    26  School  Lunch  Act  (60  Stat.  230,  42  U.S.C. § 1758(a)(2)(A)), which
    27  results in the availability of whole milk or reduced fat milk,  flavored
    28  or unflavored, in elementary and secondary schools in the state.
    29    2.  An  update to the Dietary Guidelines for Americans published under
    30  section 301 of the National Nutrition Monitoring  and  Related  Research
    31  Act  of  1990  (Public  Law 101-445, 7 U.S.C. § 5341), which permits the
    32  availability of whole milk or reduced fat milk, flavored or  unflavored,
    33  in elementary and secondary schools in the state.
    34    Provided, that the commissioner of education shall notify the legisla-
    35  tive  bill  drafting  commission  upon  the  occurrence  of either event
    36  described in subdivisions one or two of this section in order  that  the
    37  commission  may  maintain  an accurate and timely effective data base of
    38  the official text of the laws of the state of New York in furtherance of
    39  effectuating the provisions of section 44 of  the  legislative  law  and
    40  section 70-b of the public officers law.
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