S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9990
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in  relation  to  permitting  schools
   located within the state to purchase certain New York milk
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section  915-a
 to read as follows:
   § 915-A. MILK OPTIONS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "NEW  YORK  MILK"  SHALL MEAN RAW MILK PRODUCED BY THE MILKING OF
 COWS PHYSICALLY LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF  THE  STATE,
 TRANSPORTED TO A DAIRY PROCESSING FACILITY LOCATED WITHIN THE GEOGRAPHIC
 BOUNDARIES  OF  THE  STATE  AND  PROCESSED AS FLUID MILK INTO CONTAINERS
 INTENDED FOR DISTRIBUTION TO CONSUMERS.
   (B) "REDUCED FAT NEW YORK MILK" SHALL MEAN NEW  YORK  MILK  CONTAINING
 TWO  PERCENT  MILK  FAT.   THE TERM INCLUDES NEW YORK MILK THAT HAS BEEN
 FLAVORED.
   (C) "WHOLE NEW YORK MILK" SHALL MEAN NEW YORK MILK CONTAINING AT LEAST
 THREE PERCENT MILK FAT. THE TERM INCLUDES NEW YORK MILK  THAT  HAS  BEEN
 FLAVORED.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW OR REGULATION TO THE
 CONTRARY, A SCHOOL BOARD OR OTHER GOVERNING ENTITY OF A  SCHOOL  LOCATED
 IN  THE  STATE MAY ELECT TO UTILIZE FUNDS FROM STATE OR LOCAL SOURCES TO
 OBTAIN WHOLE NEW YORK MILK OR REDUCED FAT NEW YORK MILK  TO  PROVIDE  OR
 SELL AT SUCH SCHOOL.
   3.  THE  COMMISSIONER  OF EDUCATION SHALL NOTIFY THE SUPERINTENDENT OR
 CHIEF ADMINISTRATOR OF EACH SCHOOL IN THE STATE  OF  THE  PROVISIONS  OF
 THIS SECTION.
   4.  THE  ATTORNEY  GENERAL SHALL, ON BEHALF OF A SCHOOL LOCATED WITHIN
 THE STATE, BRING A CIVIL ACTION AGAINST THE FEDERAL  GOVERNMENT  OR  ANY
 OTHER  ENTITY  TO  RECOVER  FUNDS  WITHHELD OR REVOKED AS A RESULT OF AN
 ACTION TAKEN BY THE SCHOOL BOARD  OR  OTHER  GOVERNING  ENTITY  OF  SUCH
 SCHOOL PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15413-01-2
 A. 9990                             2
 
   5.  NO  LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMISSIONER  OF
 AGRICULTURE  AND  MARKETS,  SHALL ISSUE A REPORT TO THE GOVERNOR AND THE
 LEGISLATURE. SUCH REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
   (A)  A  LIST  OF SCHOOLS LOCATED WITHIN THE STATE THAT HAVE ELECTED TO
 PROVIDE OR SELL NEW YORK MILK UNDER THIS SECTION.
   (B) THE APPROXIMATE INCREASE OR DECREASE IN THE CONSUMPTION  OF  FLUID
 MILK  AT  SCHOOLS  LOCATED  WITHIN THE STATE SINCE THE EFFECTIVE DATE OF
 THIS SECTION.
   (C) ACTIONS TAKEN BY THE STATE TO PROMOTE WHOLE MILK AND  REDUCED  FAT
 MILK AVAILABILITY IN SCHOOLS LOCATED WITHIN THE STATE.
   (D)  ANY  OTHER  INFORMATION  DEEMED  RELEVANT  BY THE COMMISSIONER OF
 EDUCATION OR  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  FOR  THE
 PURPOSES OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire  and  be  deemed  repealed  upon  the
 occurrence of either of the following:
   1.  The  amendment  or  repeal  of  section 9(a)(2)(A) of the National
 School Lunch Act (60  Stat.  230,  42  U.S.C.  §  1758(a)(2)(A)),  which
 results  in the availability of whole milk or reduced fat milk, flavored
 or unflavored, in elementary and secondary schools in the state.
   2. An update to the Dietary Guidelines for Americans  published  under
 section  301  of  the National Nutrition Monitoring and Related Research
 Act of 1990 (Public Law 101-445, 7 U.S.C.   § 5341), which  permits  the
 availability  of whole milk or reduced fat milk, flavored or unflavored,
 in elementary and secondary schools in the state.
   Provided, that the commissioner of education shall notify the legisla-
 tive bill drafting  commission  upon  the  occurrence  of  either  event
 described  in  subdivisions one or two of this section in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.