BILL NUMBER:  S5664

 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 authorize
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.

 LEGISLATIVE HISTORY :

2007/08 - A.5334 - Referred to Education.
2009-10 - Somewhat related to A.6453-A - Vetoed, Tabled.
2011-12 - S.4288 - Referred to Education.
2013-14 - S.2332 - Passed Senate
2015-2016 - S.854 - Passed Senate

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
180 days after it shall have become law.

                                 BILL NUMBER:  S5664A

 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 help encourage the establishment of voluntary programs to assist
and facilitate the ability of schools districts and institutions of
higher learning to donate excess unused food items from their school
meal programs to voluntary food assistance programs, such as food
pantries, soup kitchens, and other community and not-for-profit
organizations that distribute food to the poor and disadvantaged.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends Agriculture and Markets Law section 16 to authorize
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 authorize, but
not mandate that, the Commissioner of Education to develop, at its own
initiative, voluntary guidelines to encourage and facilitate the
ability of school districts and institutions of higher learning to
donate excess, unused, edible food items from meals served at such
facilities to local voluntary food assistance programs. To minimize
any potential mandates on school districts, institutions of higher
learning, and to the Department of Education, all that is being asked
to be done is to help to establish, at its own initiative, some form
of channel of communication between such educational institutions and
nearby voluntary food assistance programs. Such programs would only be
established if it is advantageous to the institution and food pantry
or other community food group. In addition, the segregation of such
surplus donated food items could reduce the waste collection fees
needed to cart such items away from such institutions. 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 grocery stores,
hospitals, and restaurants. School meal programs are a large potential
source of new donors to supply such much needed nourishment to food
pantries and other such organizations. There is funding for food
collection 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, high absenteeism, or
other unusual circumstances there may be significant unserved food
that could be used by emergency food programs. Nearly two million
school lunches and breakfasts are served everyday in New York State.
This large amount of surplus or excess food could potentially be
re-directed to those who are most in need.

This bill has benefits for the environment as well. This bill, by
encouraging efforts to minimize the wasting of food, is beneficial to
the environment in many ways. First, the growing, transporting, and
warehousing of food is a very energy intensive endeavor at all steps
of the production and distribution chain. Food production has a large
carbon "foot print". Hence, by better utilizing foods that have
already been grown, transported to the local area, and warehoused,
that will cut down on the energy consumption needed to grow additional
amounts of crops that are laid to waste and not used to provide
nourishment to individuals.

 LEGISLATIVE HISTORY :

2011-12 - S.4288 - Referred to Education.
2013-14 - S.2332 - Passed Senate
2015-2016 - S.854 - Passed Senate

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
180 days after it shall have become law.