S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6381
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to provid-
   ing fresh produce to food deserts in the state
 
   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 52 to read as follows:
   52.  (A)  ESTABLISH  A  PROGRAM IN THE STATE TO PURCHASE FRESH PRODUCE
 FROM FARMS LOCATED IN THE STATE UTILIZING  ALL  MONIES  APPROPRIATED  TO
 SUCH  PROGRAM  AND  DISTRIBUTE  SUCH FRESH PRODUCE IN AREAS OF THE STATE
 DETERMINED BY THE COMMISSIONER TO  BE  FOOD  DESERTS.  THE  COMMISSIONER
 SHALL PROMULGATE FOR SUCH PROGRAM:
   (I)  ELIGIBILITY  AND APPLICATION CRITERIA FOR INDIVIDUALS IN AREAS IN
 THE STATE DESIGNATED AS FOOD DESERTS TO RECEIVE FRESH  PRODUCE  PURSUANT
 TO THE PROGRAM;
   (II)  ELIGIBILITY  AND  APPLICATION CRITERIA FOR FARMS IN THE STATE TO
 REGISTER AS VENDORS TO EXPEDITE  THE  ACQUISITION  AND  DISTRIBUTION  OF
 FRESH PRODUCE FROM SUCH FARMS;
   (III) CRITERIA THAT PROMOTES OPPORTUNITIES FOR MARKET PARTICIPATION BY
 FARMERS FROM UNDER-REPRESENTED COMMUNITIES, INCLUDING BUT NOT LIMITED TO
 FARMERS  WHO  ARE  BLACK,  INDIGENOUS, OR FROM COMMUNITIES OF COLOR. THE
 PROGRAM SHALL PROMOTE A CONSISTENT DEMAND OF PRODUCTS AND SERVICES  FROM
 UNDER-REPRESENTED  FARMERS,  INCLUDING OPPORTUNITIES FOR FARMERS WHO ARE
 BLACK, INDIGENOUS, OR FROM COMMUNITIES OF  COLOR  TO  RE-ESTABLISH  FARM
 OWNERSHIP.
   (B)  AS  USED  IN  THIS  SUBDIVISION "FOOD DESERT" SHALL HAVE THE SAME
 MEANING AS DEFINED BY THE UNITED STATES DEPARTMENT OF  AGRICULTURE.  FOR
 THE  PURPOSES  OF  THE  PROGRAM ESTABLISHED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION, THE COMMISSIONER SHALL ADDITIONALLY  CONSIDER  READILY
 AVAILABLE ACCESS TO FRESH FOODS, THE SOCIO-ECONOMICS OF AN AREA, AND THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02339-06-1

 A. 6381                             2
 
 DISTANCE  TO  FOOD  ESTABLISHMENTS  THAT  PROVIDE HEALTHY AND/OR ORGANIC
 FOODS WHEN DETERMINING WHAT AREAS OF THE STATE ARE CONSIDERED  TO  BE  A
 FOOD DESERT FOR THE PURPOSES OF THE PROGRAM.
   (C)  THE COMMISSIONER SHALL PROMULGATE ANY RULES OR REGULATIONS NECES-
 SARY TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.