S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4159--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 15, 2009
                               ___________

Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON, THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Consumer  Protection  --  recommitted to the Committee on Consumer
  Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the agriculture and markets law and the education law,
  in relation to establishing the New York calcium purchasing preference
  initiative

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
calcium purchasing preference initiative".
  S 2. Section 16 of the agriculture  and  markets  law  is  amended  by
adding a new subdivision 5-c to read as follows:
  5-C.    ESTABLISH,  IN COOPERATION WITH THE COMMISSIONER OF EDUCATION,
THE NEW YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.   THE  PURCHASING
AGENT  FOR  ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR BEVERAGES TO
BE PROCESSED OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED  BY  SUCH
GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:
  (A)  CONTAIN  A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE SAME TYPE
AND QUALITY; AND
  (B) ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE  AND
QUALITY.
  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "GOVERNMENTAL ENTITY" SHALL
MEAN:
  (A) THE STATE OF NEW YORK;
  (B) A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER  POLITICAL  SUBDIVISION
OR CIVIL SUBDIVISION OF THE STATE;
  (C)  A  SCHOOL  DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC
SCHOOL, COLLEGE OR UNIVERSITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10512-02-0
              

S. 4159--A                          2

  (D) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
  (E)  AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION, COUN-
CIL, OR OFFICE; OR
  (F)  ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  PERFORMING
PROPRIETARY  FUNCTION  FOR THE STATE, EXCEPT THE LEGISLATURE AND JUDICI-
ARY.
  A PURCHASING AGENT SHALL NOT BE REQUIRED TO PURCHASE  A  HIGH  CALCIUM
FOOD  OR  BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED FOOD OR
BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
  THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY,  A
PURCHASING  AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER BEFORE
JULY FIRST, TWO THOUSAND ELEVEN TO PURCHASE FOOD AND BEVERAGES SHALL NOT
BE REQUIRED TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES  IF  PURCHASING
SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
  THE  COMMISSIONER  SHALL  REPORT  TO  THE  LEGISLATURE ON THE NEED FOR
CHANGES IN LAW TO FACILITATE THE PURCHASES OF SUCH FOODS  AND  BEVERAGES
BY A GOVERNMENTAL ENTITY.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 42 to read as follows:
  42. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
AGRICULTURE AND MARKETS LAW. THE COMMISSIONER'S  RESPONSIBILITIES  SHALL
INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
OF  AGRICULTURE  AND MARKETS FROM SCHOOL DISTRICTS AND OTHER EDUCATIONAL
INSTITUTIONS UNDER THE DEPARTMENT'S  JURISDICTION  PURCHASING  PREFERRED
FOODS  AND  BEVERAGES.  THE COMMISSIONER SHALL REPORT TO THE LEGISLATURE
ABOUT THE NEED FOR CHANGES IN LAW TO FACILITATE  THE  PURCHASE  OF  SUCH
FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
  S  4.  This act shall take effect immediately; provided, however, that
the commissioner of agriculture and  markets  and  the  commissioner  of
education are authorized to promulgate any and all rules and regulations
necessary  to  implement  the  provisions  of this act on or before such
effective date.