S T A T E   O F   N E W   Y O R K
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                                  5218

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced by M. of A. ORTIZ, WEISENBERG, COOK, GALEF -- Multi-Sponsored
  by  -- M. of A.  CAHILL, CLARK, FARRELL, HEASTIE, JACOBS, MAGEE, MILL-
  MAN, ROBINSON, SCARBOROUGH, SWEENEY -- read once and referred  to  the
  Committee on Education

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

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C. COOPERATE WITH THE COMMISSIONER OF EDUCATION, PURSUANT TO  SUBDI-
VISION THIRTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO
DEVELOP  GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL DISTRICTS
AND INSTITUTIONS OF HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF
SECTION TWO OF THE  EDUCATION  LAW,  OF  PROGRAMS  WHICH  ENCOURAGE  THE
DONATION OF EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCA-
TIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS.
  S  2.  Section  305  of  the  education law is amended by adding a new
subdivision 32 to read as follows:
  32. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL DEVELOP VOLUNTARY GUIDELINES TO
ENCOURAGE AND FACILITATE THE ABILITY  OF  SCHOOL  DISTRICTS  AND  INSTI-
TUTIONS  OF  HIGHER EDUCATION TO DONATE EXCESS, UNUSED, EDIBLE FOOD FROM
MEALS SERVED AT SUCH EDUCATIONAL  FACILITIES  TO  LOCAL  VOLUNTARY  FOOD
ASSISTANCE  PROGRAMS  INCLUDING,  BUT  NOT  LIMITED  TO,  COMMUNITY FOOD
PANTRIES, SOUP KITCHENS, AND OTHER COMMUNITY AND  NOT-FOR-PROFIT  ORGAN-
IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED.
  SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06714-01-3

              

A. 5218                             2

  A.  A  METHODOLOGY  TO PROVIDE INFORMATION TO EDUCATIONAL INSTITUTIONS
AND LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS  OF  SUCH
GUIDELINES;
  B.  A  MEANS  BY  WHICH EDUCATIONAL INSTITUTIONS ARE PROVIDED WITH THE
NAMES AND ADDRESSES  OF  ALL  NEARBY  LOCAL  VOLUNTARY  FOOD  ASSISTANCE
PROGRAMS;
  C.  A  MEANS  BY  WHICH  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS ARE
PROVIDED WITH THE NAMES AND ADDRESSES OF NEARBY EDUCATIONAL INSTITUTIONS
WHICH SERVE MEALS UPON THEIR PREMISES;
  D. NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO  ELECT
TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE
PROGRAMS; AND
  E. THE PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE ON THE MANNER
OF HOW TO BEST DONATE EXCESS FOOD IN A SAFE AND SANITARY MANNER.
  THE  COMMISSIONER  SHALL  COORDINATE THE IMPLEMENTATION OF SUCH GUIDE-
LINES WITH THE FARM-TO-SCHOOL PROGRAM AND THE NEW YORK HARVEST  FOR  NEW
YORK  KIDS  WEEK  PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION FIVE-B OF
SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.