NY State Senate Bill 2025-S6900

Current 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
Mar 26, 2025	referred to education

co-Sponsors

2025-S6900 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §915-a, Ed L; amd §254-a, Ag & Mkts L

2025-S6900 (ACTIVE) - Summary

Permits schools located within the state to purchase reduced fat or whole New York milk to provide or sell at such school; defines New York milk as raw milk produced by milking cows within the state, transported to a dairy processing center within the state, and processed as fluid milk into containers intended for distribution to consumers.

2025-S6900 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6900

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

To authorize and promote the provision of New York milk in New York
schools, including but not limited to whole and reduced fat milk.

 
SUMMARY OF PROVISIONS:

Section 1 amends Education Law by adding a new section 915-a to:

*Define "New York milk" and "school;"

*Authorize the use of state or local funds by schools to provide or sell
New York milk;

*Direct the commissioner to perform outreach to schools to ensure aware-
ness of such authorization, including working with the commissioner of
agriculture and the milk marketing advisory council;

*Require the commissioner to review and consider alternate methods of
promoting availability of New York milk in schools if any federal law,
rule, or regulation prohibits provision or sale;

*Deem that provision of New York milk in schools shall be considered
intrastate commerce; and

*Require a report by the commissioner, in consultation with the commis-
sioner of agriculture and markets and the milk marketing advisory coun-
cil regarding implementation of this section.

Section 2 amends Agriculture and Markets Law to mirror their role in the
education and outreach and reporting requirements pursuant to Education
Law section 915-a.

Section 3 is the effective date.

 
JUSTIFICATION:

The 2010 federal "Healthy, Hunger-Free Kids Act," intended to combat
childhood obesity, mandated that schools serve milk with maximum 1% fat
for unflavored and fat-free only for flavored. However, following enact-
ment, fewer students drank milk with their lunch, white sugary drink
options remain in schools, clearly contradicting the intent of the law.

Whole milk is an excellent source of nutrition for all New Yorkers,
containing no more than 3.5% fat, and one-third of those fatty acids are
Omega-3, which has been linked to many health benefits, including
improved heart health, brain health, and lower risk of cancer.  Litera-
ture review of a variety of studies collected in the American Journal of
Clinical Nutrition found that higher fat milk intake is associated with
lower childhood obesity, and that guidelines recommending reduced fat
milk for children may not actually lower the risk of childhood obesity
(1). Data analysis has further shown that consumption of higher-fat milk
in early childhood is not associated with increased obesity or adverse
cardio health over a decade later -failing to support the current policy
preference for lower-fat milk

New York is a leader in dairy production. According to a November 2024
Comptroller's report, New York is  3 in the country in cow milk
production. With more than 1/4 of total state farmland dedicated to
dairy, generating 48% of our total 2022 agricultural sales, it is a
critical part of our local economies.

New York has taken important steps to connect our children with healthy,
local food sources, such as the farm-to-school program that incentivizes
local purchasing. However, the current federal exclusion prevents our
children from accessing healthy, local milk at school.  While there was
hope the federal prohibition would be fixed in the Farm Bill, the fail-
ure to pass a Farm Bill over the last few years has left the status quo
in place. In response, this bill authorizes schools to use state and
local funds for purchases of New York milk to ensure our children can
access healthy, local milk as part of their daily routine.

(1) Vanderhout et.al., "Whole milk compared with reduced-fat milk and
childhood overweight: a systematic review and meta-analysis, "American
Journal of Clinical Nutrition, December, 2019.

(2) McGovern et.al., "Association of cow's milk intake in early child-
hood with adiposity and cardiometabolic risk in early adolescence,"
American Journal of Clinical Nutrition, August, 2022.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal for outreach and education and reporting requirements

 
EFFECTIVE DATE:
30 days after enactment, provided however that it shall be deemed
repealed if the federal law is amended to allow whole milk in schools.

2025-S6900 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6900
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the agriculture and  markets  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.  NEW  YORK MILK IN NEW YORK SCHOOLS. 1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "NEW YORK MILK" MEANS RAW MILK PRODUCED BY  THE  MILKING  OF  COWS
 PHYSICALLY  LOCATED  WITHIN  THE  GEOGRAPHIC  BOUNDARIES  OF THIS STATE,
 TRANSPORTED TO A DAIRY PROCESSING FACILITY LOCATED WITHIN THE GEOGRAPHIC
 BOUNDARIES OF THIS STATE, AND PROCESSED AS FLUID  MILK  INTO  CONTAINERS
 INTENDED  FOR  DISTRIBUTION TO CONSUMERS. "NEW YORK MILK" SHALL INCLUDE,
 BUT NOT BE LIMITED TO, WHOLE MILK AND REDUCED FAT MILK,  INCLUDING  MILK
 THAT HAS BEEN FLAVORED.
   (B) "SCHOOL" MEANS ANY PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE
 OR PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION, A
 SCHOOL BOARD OR OTHER GOVERNING ENTITY OF A SCHOOL MAY UTILIZE STATE  OR
 LOCAL FUNDS TO PROVIDE OR SELL NEW YORK MILK AT SUCH SCHOOL.
   3. THE COMMISSIONER SHALL PERFORM OUTREACH TO SCHOOLS TO ENSURE AWARE-
 NESS  OF  THE  PROVISIONS  OF  THIS SECTION. SUCH OUTREACH SHALL UTILIZE
 MATERIALS PRODUCED BY THE COMMISSIONER OF AGRICULTURE  AND  MARKETS,  IN
 CONSULTATION WITH THE MILK MARKETING ADVISORY COUNCIL ESTABLISHED PURSU-
 ANT  TO  SECTION TWO HUNDRED FIFTY-FOUR-A OF THE AGRICULTURE AND MARKETS
 LAW, INCLUDING INFORMATION REGARDING:
   (A) THE NUTRITIONAL BENEFITS OF NEW YORK MILK,  INCLUDING  WHOLE  MILK
 AND REDUCED FAT MILK; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11314-01-5

 S. 6900                             2
 
   (B) LOCAL SOURCING OPTIONS FOR NEW YORK MILK.
   4.  IF  ANY  FEDERAL LAW, RULE, OR REGULATION IS ENACTED THAT PREVENTS
 THE PROVISION OR SALE OF NEW YORK  MILK  IN  SCHOOLS,  THE  COMMISSIONER
 SHALL REVIEW AND CONSIDER ALTERNATIVE METHODS TO PROMOTE THE AVAILABILI-
 TY  OF NEW YORK MILK IN SCHOOLS AND SHALL ISSUE A REPORT TO THE GOVERNOR
 AND THE  LEGISLATURE  REGARDING  SUCH  ALTERNATIVE  METHODS  WITHIN  ONE
 HUNDRED  EIGHTY  DAYS  OF  ENACTMENT OF SUCH FEDERAL LAW, RULE, OR REGU-
 LATION.
   5. NEW YORK MILK PROVIDED OR SOLD IN SCHOOLS SHALL BE DEEMED TO BE  IN
 THE STREAM OF INTRASTATE COMMERCE.
   6.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  AGRICULTURE
 AND MARKETS AND THE MILK MARKETING ADVISORY COUNCIL ESTABLISHED PURSUANT
 TO  SECTION TWO HUNDRED FIFTY-FOUR-A OF THE AGRICULTURE AND MARKETS LAW,
 SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE  REGARDING  THE
 IMPLEMENTATION  OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NEED NOT
 BE LIMITED TO:
   (A) A LIST OF ALL SCHOOLS PROVIDING OR SELLING NEW YORK MILK  PURSUANT
 TO THIS SECTION;
   (B)  THE  APPROXIMATE INCREASE OR DECREASE IN THE PROVISION OR SALE OF
 NEW YORK MILK PURSUANT TO THIS SECTION; AND
   (C) ACTIONS TAKEN BY THE DEPARTMENT TO PERFORM OUTREACH TO SCHOOLS  AS
 REQUIRED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  2.  Section  254-a of the agriculture and markets law is amended by
 adding a new subdivision 4 to read as follows:
   4. THE ADVISORY COUNCIL SHALL ASSIST THE COMMISSIONER IN THE  PREPARA-
 TION OF MATERIALS TO PROMOTE NEW YORK MILK IN SCHOOLS PURSUANT TO SUBDI-
 VISION  THREE OF SECTION NINE HUNDRED-FIFTEEN-A OF THE EDUCATION LAW AND
 IN THE PREPARATION OF A REPORT REGARDING THE PROVISION AND SALE  OF  NEW
 YORK  MILK  IN  SCHOOLS  PURSUANT  TO  SUBDIVISION  SIX  OF SECTION NINE
 HUNDRED-FIFTEEN-A OF THE EDUCATION LAW.
   § 3. 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, however, that the commissioner of education shall notify the
 legislative 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 S6900

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2025-S6900 (ACTIVE) - Details

2025-S6900 (ACTIVE) - Summary

2025-S6900 (ACTIVE) - Sponsor Memo

2025-S6900 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6900

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

George M. Borrello

2025-S6900 (ACTIVE) - Details

2025-S6900 (ACTIVE) - Summary

2025-S6900 (ACTIVE) - Sponsor Memo

2025-S6900 (ACTIVE) - Bill Text download pdf

Comments