S T A T E   O F   N E W   Y O R K
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                                  4833

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced by M. of A. ORTIZ, COOK, GALEF -- Multi-Sponsored by -- M. of
  A.  CAHILL,  CLARK,  FARRELL, LUPARDO, MAGEE, ROBINSON, SCARBOROUGH --
  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.
                                                           LBD03889-01-5

A. 4833                             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.