S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    330
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, MANNION -- read twice and ordered printed,
   and when printed to be committed 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 53 to read as follows:
   53. (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02248-01-3
 S. 330                              2
 
 AVAILABLE ACCESS TO FRESH FOODS, THE SOCIO-ECONOMICS OF AN AREA, AND THE
 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.