S T A T E O F N E W Y O R K
________________________________________________________________________
829
2023-2024 Regular Sessions
I N S E N A T E
January 6, 2023
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the agriculture and markets law, in relation to the
establishment and priorities of the New York state council on hunger
and food policy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6-a and 52 of section 16 of the agriculture
and markets law, subdivision 6-a as added and subdivision 52 as amended
by a chapter of the laws of 2022 amending the agriculture and markets
law and the economic development law relating to procurement of locally
grown farm and food products and codifying the New York state council on
food policy, as proposed in legislative bills numbers S. 549-B and A.
3954-B, are amended to read as follows:
6-a. Establish [a] THE New York state council on HUNGER AND food poli-
cy. The purpose of the council shall be to [develop] ADVISE THE STATE
ON THE DEVELOPMENT OF comprehensive, coordinated state food policies
with the goal of: ensuring that all citizens of the state are able to
eat a healthy diet and avoid food insecurity while consuming New York
grown and produced foods as much as possible. The council shall work to:
support and facilitate the growth of a New York-based local farm and
food product economy that revitalizes rural, suburban and urban communi-
ties, creates jobs, and supports economic growth through promoting and
developing local farm and food businesses and their products and helps
to make them more available to New York residents; and promote healthy
eating through a plentiful, accessible, affordable, safe and nutritious
food supply with access to fresh and minimally processed foods including
a readily available supply of such food during emergencies.
(a) The [responsibilities] PRIORITIES of the council shall include,
but are not limited to, developing and recommending policies and plans
to [achieve the following]:
(i) [a food policy for the state which recognizes that it is in the
best interests of the state to] ensure the availability of AND EXPAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03940-01-3
S. 829 2
ACCESS TO an adequate supply of affordable, fresh and nutritious food to
its residents;
(ii) [state policies to] expand agricultural production and process-
ing, including locally-grown and organically-grown food;
(iii) [a strategic plan for implementation of the state food policy,
including benchmarks and criteria for measuring progress in achieving
state food policy objectives;
(iv) offer comments on state regulations, legislation and budget
proposals in the area of food policy, to ensure a coordinated and
comprehensive inter-agency approach to food policy issues;
(v) assist state agencies, state-owned facilities, and other entities
with the purchase of local farm or food products and with tracking and
reporting of such purchases in order to meet the goals established in
this section;
(vi)] assist local farm and food businesses to succeed and grow, espe-
cially beginning and new owners and those historically underrepresented
or marginalized in agriculture or the food industry, to identify and
secure necessary resources and equipment to begin, maintain, and expand
projects and networks necessary for the development of local farm or
food products;
[(vii)] (IV) REDUCE BARRIERS AFFECTING FOOD-INSECURE POPULATIONS IN
RURAL AND URBAN SPACES;
(V) facilitate the building of infrastructure, including, but not
limited to, aggregation, processing, storage, packaging, distribution,
and marketing facilities necessary to move local farm or food products
to local and other markets;
[(viii)] (VI) support and expand programs that recruit, train, and
provide technical assistance to New York farmers, food producers, food
processors and residents in order to encourage the production and proc-
essing of local farm or food products;
[(ix)] (VII) coordinate interagency [policies] PROGRAMS, initiatives,
and procedures promoting local farm and food products in New York commu-
nities, by working with and involving state, federal, and local agen-
cies, as well as [community based] COMMUNITY-BASED organizations, educa-
tional institutions, and trade organizations in executing the purposes
of this section;
[(x)] (VIII) eliminate statutory and legal barriers hindering the
development of a local farm and food economy by working with federal,
state, and local agencies, other agencies and applicable entities, to
[create] ENSURE consistent and compatible LAWS AND regulations for the
production, processing, storage, distribution, and marketing of local
farm or food products;
[(xi)] (IX) facilitate the use of public lands for growing local farm
or food products by working with governmental entities at the local,
state, and federal levels;
[(xii) set annual goals for all purchases of local farm or food
products by New York residents and to monitor the development and expan-
sion of a local farm and food economy through data collection, tracking,
measurement, analysis, and reporting on progress made in an annual
report to the legislature; and
(xiii)] (X) initiate and facilitate public awareness campaigns about
the economic benefits of a local farm and food economy[.];
(XI) IMPROVE ACCESS TO NUTRITION ASSISTANCE PROGRAMS AND TRANSPORTA-
TION OPTIONS, ENHANCE INFRASTRUCTURE, AND DECREASE SOCIO-ECONOMIC
DISPARITIES THAT CONTRIBUTE TO THE PREVALENCE OF FOOD INSECURITY;
S. 829 3
(XII) ALLEVIATE GEOGRAPHIC AND ECONOMIC BARRIERS TO IMPROVE ACCESS TO
HEALTHY FRESH FOOD AND REDUCE HUNGER AMONG NEW YORKERS;
(XIII) ELIMINATE BARRIERS IMPACTING A CONSUMER'S ABILITY TO PURCHASE
HEALTHY FOOD; AND
(XIV) ENCOURAGE STATE AGENCIES AND COMMUNITY PARTNERS TO SHARE IDEAS
FOR REDUCING FOOD-RELATED CHRONIC DISEASE AND PROMOTING WELL-BALANCED
CHILD NUTRITION.
(b) [(i)] The council shall consist of [thirteen voting] TWENTY-FIVE
members DESIGNATED BY THE COMMISSIONER as follows: [six members with
experience and expertise related to agriculture, nutrition, food insecu-
rity or food policy appointed on the recommendation of the legislative
leaders, two each by the temporary president of the senate and the
speaker of the assembly, and one each by the minority leader of the
senate, and the minority leader of the assembly; the dean of the New
York state college of agriculture and life sciences; and six members
shall be appointed by the governor.
(ii) The council shall consult on a regular basis with an advisory
board consisting of: the commissioner, the commissioner of health, the
commissioner of the office of temporary and disability assistance, the
commissioner of the office of children and family services, the commis-
sioner of education, the commissioner of the department of economic
development, the commissioner of the department of environmental conser-
vation, the director of the office for the aging, the director of the
office of general services, and eight members appointed by the gover-
nor.] (I) THE COMMISSIONER, THE COMMISSIONER OF HEALTH, THE COMMISSIONER
OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE COMMISSIONER
OF EDUCATION, THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, AND THE DIRECTOR OF THE OFFICE FOR THE AGING;
(II) EIGHT MEMBERS WITH EXPERIENCE AND EXPERTISE RELATED TO AGRICUL-
TURE, NUTRITION, OR FOOD POLICY, OF WHICH FOUR SHALL BE DESIGNATED ON
THE RECOMMENDATION OF THE LEGISLATIVE LEADERS, ONE EACH BY THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY;
(III) THE DEAN OF THE NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE
SCIENCES;
(IV) ONE MEMBER REPRESENTING FARM ORGANIZATIONS;
(V) ONE MEMBER REPRESENTING SCHOOL FOOD ADMINISTRATORS;
(VI) ONE MEMBER REPRESENTING CONSUMERS;
(VII) TWO MEMBERS REPRESENTING AN ORGANIZATION THAT PROVIDES FOOD
ASSISTANCE;
(VIII) ONE MEMBER REPRESENTING ANTI-HUNGER ADVOCATES;
(IX) ONE MEMBER WHO IS A NUTRITIONIST; AND
(X) THREE MEMBERS REPRESENTING THE FOOD INDUSTRY, INCLUDING PRODUCERS,
DISTRIBUTORS, PROCESSORS OR RETAILERS WHO ARE RESIDENTS OF AND WORK IN
THE STATE OF NEW YORK, AT LEAST ONE OF WHOM PRODUCES ORGANIC FOOD.
(c) [(i) The six council members selected by the legislative leaders
shall be appointed to three-year staggered terms as determined by the
legislature. Such persons may be nominated by organizations representing
the sectors outlined in paragraph (b) of this subdivision. Vacancies
shall be filled by the legislative leaders.
(ii) The six council members selected by the governor and the dean of
the New York state college of agriculture and life sciences shall be
appointed to three-year staggered terms as determined by the governor.
(iii) The members of the advisory board shall be appointed to three-
year staggered terms as determined by the governor. Such persons shall
be nominated by organizations representing the sectors outlined in para-
S. 829 4
graph (b) of this subdivision. Vacancies shall be filled by the gover-
nor.] THE COMMISSIONER SHALL SERVE AS THE CHAIRPERSON OF THE COUNCIL.
(d) [The board of directors shall elect its presiding officers from
among its members and may elect or appoint an executive committee, other
committees, and subcommittees to conduct the business of the organiza-
tion.
(e)] The council shall issue a written report on the [first] THIRTIETH
day of [December] JANUARY each year on: (i) the activities of the coun-
cil during the preceding year; (ii) recommended food policies AND
ACTIONS for the state; (iii) [recommended changes to the strategic plan;
(iv)] an account of the progress made in achieving the goals of the
council; and [(v)] (IV) actions which are necessary to implement the
recommendations of the council and effectuate its purposes.
[(f)] (E) The state governmental agencies represented on the [board of
directors] COUNCIL may re-direct existing staff, as appropriations
permit; assist in executing the purposes of this subdivision; and
provide office space, meeting space, and other research and communi-
cation services as appropriate.
[(g)] (F) No member of the council shall be disqualified from holding
any public office or employment, nor shall he or she forfeit any such
office or employment by virtue of his or her appointment hereunder.
Members of the council shall receive no compensation for their services
but shall be allowed their actual and necessary expenses incurred in the
performance of their functions hereunder. [All members of the council
shall serve at the pleasure of the governor and vacancies shall be
filled in the same manner as original appointments.]
(G) THE COUNCIL SHALL SET FORTH THE TIME AND PLACE OF ITS MEETINGS AND
MEET AS FREQUENTLY AS BUSINESS REQUIRES, BUT SHALL MEET AT LEAST TWICE
EACH YEAR.
(H) EVERY AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC AUTHORITY OF
THE STATE SHALL COOPERATE WITH THE COUNCIL AND FURNISH SUCH INFORMATION
AND ASSISTANCE AS THE COUNCIL DETERMINES IS REASONABLY NECESSARY TO
ACCOMPLISH ITS PURPOSE.
52. Develop and maintain, in cooperation with the department of
economic development and urban development corporation, a publicly
available searchable database of New York state farms and farm products.
The database shall include all farms located within the state and shall
list the products available for purchase and contact information for
each farm, unless a farm opts out of being included in the database by
notifying the department of such option. The department shall provide
farms with the ability to signify that they are interested in supplying
schools on the directory. The department shall provide easily accessi-
ble electronic access to the database on the department's website and
shall update the database at least every two years. [The department
shall seek cooperation and coordination of the directory with the New
York state council on food policy and the New York state land grant
university, where necessary information overlaps. The department may
utilize any directories that exist or are in progress.]
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the agriculture and
markets law and the economic development law relating to procurement of
locally grown farm and food products and codifying the New York state
council on food policy, as proposed in legislative bills numbers S.
549-B and A. 3954-B, takes effect.
