NY State Senate Bill 2021-S8999

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2022	referred to education

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2021-S8999 (ACTIVE) - Details

See Assembly Version of this Bill:: A9990
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §915-a, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S1069, A2321

2021-S8999 (ACTIVE) - Summary

Permits schools located within the state to purchase reduced fat or whole New York milk to provide or sell at such school.

2021-S8999 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8999

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the education law, in relation to permitting schools
located within the state to purchase certain New York milk

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow schools located within New York to purchase,
provide and sell, whole milk and 2% milk produced in State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the education law by adding a new section 915-a that:

- Defines "New York milk", "reduced fat New York milk", and "whole New
York milk

- Permits school boards to obtain whole New York milk or reduced fat New
York milk to provide or sell at school

- Directs the commissioner of education to notify school districts of
the provisions contained in this legislation

- Requires the attorney general to bring civil action against the feder-
al government or other entity that withheld or revoked funds from a
school as a result of that school providing or selling whole New York
milk or reduced fat New York milk

- Calls for the commissioner of education and commissioner of agricul-
ture and markets to issue a report on the impacts of this legislation.

Section two provides the effective date and conditions for repeal.

 
JUSTIFICATION:

Whole milk is a healthy, nutritious, and arguably essential option for
the developing bodies of children. At 97% fat free, whole milk is a
complete protein and contains thirteen vital nutrients and vitamins,
including many that need to be consumed with fat to be best absorbed by
the body.

While many consider skim, low-fat, and reduced-fat milks to be healthier
options, researchers are now discovering surprising benefits for those
who drink whole milk. Recent studies have found that those who consume
whole-fat dairy may have a lower risk for heart disease and type 2
diabetes, lower blood pressure, an increased satiety without weight
gain, and better sleep. Even more unexpected, it has been found that
children who drink full-fat dairy are leaner and less likely to be over-
weight compared to their peers who do not consume whole milk. As
evidence continues to show that whole milk is a beneficial beverage,
many dieticians are recommending that people, children especially,
consume the type of milk they prefer as part of an overall healthy diet.

Despite its health benefits, whole milk is currently prohibited from
being served in schools due to a federal restriction put in place ten
years ago to lower childhood obesity and diabetes rates. While the poli-
cy was well-intentioned at the time, over the last decade, we have
witnessed these rates continue to rise and have learned that the
restriction could even be exacerbating the problem.

Dairy is an important part of a healthy diet for children and it is
essential that kids are drinking their milk. Since whole milk was
prohibited from being served to students, the amount of milk consumed in
schools has decreased and the amount of milk wasted has increased - not
all children enjoy skim and low-fat milks, but many enjoy the taste of
whole-fat and will happily consume it.

Restricting milk choice negatively impacts the health, growth, and
development of kids in our State. Simply put, children do not get the
benefits of milk's vitamins and nutrients if they are not drinking it.
Beyond that, New York's dairy farmers, who take great pride in producing
such a nutritious product, are feeling the strain of having a limited
milk market in schools. This bill not only guarantees that children
across the State, who receive meals at school, can once again have the
fresh, New York produced, whole milk they enjoy but it also supports New
York's struggling dairy farmers.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
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: the amendment or repeal of section 9 (a) (2)
(A) of the National School Lunch Act or an update to the Dietary Guide-
lines for Americans published under section 301 of the National Nutri-
tion Monitoring and Related Research Act of 1990.

2021-S8999 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8999
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed 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
 S. 8999                             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.

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Senate Bill S8999

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2021-S8999 (ACTIVE) - Details

2021-S8999 (ACTIVE) - Summary

2021-S8999 (ACTIVE) - Sponsor Memo

2021-S8999 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8999

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2021-S8999 (ACTIVE) - Details

2021-S8999 (ACTIVE) - Summary

2021-S8999 (ACTIVE) - Sponsor Memo

2021-S8999 (ACTIVE) - Bill Text download pdf

Comments