BILL NUMBER:S4288

TITLE OF BILL:
An act to amend the agriculture and markets law and the education law,
in relation to authorizing school districts and institutions of higher
education  to  donate  excess  food to local voluntary food assistance
programs

PURPOSE OF BILL:
To establish a voluntary program to assist and facilitate the  ability
of  schools  districts  and  institutions of higher learning to donate
excess unused food from their school meal programs to  voluntary  food
assistance programs for the poor and disadvantaged.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Agriculture and Markets Law section 16 to direct the
Commissioner   of  Agriculture  and  Markets  to  cooperate  with  the
Commissioner of Education in developing  guidelines  for  a  voluntary
program  to  coordinate  the  donation  of excess, unused, edible food
derived  from  school  meal  programs  to  voluntary  food  assistance
programs  for  the  poor  and  disadvantaged, including community food
pantries,  soup  kitchens,  and  other  community  or   not-for-profit
organizations that distribute food.

Section  2:  Adds  a  new  Education  Law  section 305 (32) to ask the
Commissioner of Education to develop voluntary guidelines to encourage
              

and facilitate the ability of school  districts  and  institutions  of
higher  learning  to  donate  excess,  unused,  edible food from meals
served at such facilities to local voluntary food assistance programs.
To minimize any  potential  mandates  on  school  districts,  and  the
Department  of  Education,  all  that  is being asked to be done is to
establish  some  form  of  channel  of  communication   between   such
educational institutions and nearby voluntary food assistance programs
for  the  poor  or  disadvantaged  so that if it is advantageous, that
surplus  food  can  be  donated  to  the  poor.  This   section   also
interrelates  the communication between schools and food pantries with
the farm-to-school program and the New York Harvest for New York  Kids
week  program,  which  already  is a line of communication on food and
nutrition between the schools and Agriculture and Markets.

JUSTIFICATION:
The United States Department of Agriculture (USDA) has encouraged  the
creation  of  programs  that  collect  food  that  would  otherwise be
discarded and donate it to voluntary feeding  programs  such  as  food
pantries and soup kitchens. There are existing efforts to collect food
leftovers   from   food   service   operations  such  as  restaurants,
fundraising dinners, corporate lunchrooms and  even  airlines.  school
meal  programs  are  also  potential donors. There is funding for food
gleaning  through  the  Department  of  Health's   Hunger   Prevention
Nutrition  Assistance Program (HPNAP) which provides State support for
emergency food programs.

Schools are required to carefully plan menus to meet  the  nutritional
needs  of  children  and  minimize  food waste. However, at times when
there  is  bad  weather  or  high   absenteeism   or   other   unusual
circumstances  there  may  be  significant unserved food that could be


used by emergency food programs. Nearly 2 million school  lunches  and
breakfasts are served everyday in New York State.

This bill would have the Commissioner's of Education and Agriculture &
Markets create a school gleaning program that would make effective use
of two vital food assistance programs.

LEGISLATIVE HISTORY:
2007/08 - A.5334 - Referred to Education
2009-10 - Similar to A.6453-A - Vetoed, Tabled.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.