Bill Text: NY A03083 | 2015-2016 | General Assembly | Introduced


Bill Title: Establishes the New York calcium purchasing preference initiative by instructing the purchasing agent of any governmental entity to give preference to a product containing a higher level of calcium than products of the same type and quality which are equal to or lower in price than products of the same type and quality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A03083 Detail]

Download: New_York-2015-A03083-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3083
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
         tee on Agriculture
       AN  ACT  to amend the agriculture and markets law and the education law,
         in relation to establishing the New York calcium purchasing preference
         initiative
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This act shall be known and may be cited as the "New York
    2  calcium purchasing preference initiative".
    3    S 2. Section 16 of the agriculture  and  markets  law  is  amended  by
    4  adding a new subdivision 5-c to read as follows:
    5    5-C.    ESTABLISH,  IN COOPERATION WITH THE COMMISSIONER OF EDUCATION,
    6  THE NEW YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.   THE  PURCHASING
    7  AGENT  FOR  ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR BEVERAGES TO
    8  BE PROCESSED OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED  BY  SUCH
    9  GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:
   10    (A)  CONTAIN  A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE SAME TYPE
   11  AND QUALITY; AND
   12    (B) ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE  AND
   13  QUALITY.
   14    FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "GOVERNMENTAL ENTITY" SHALL
   15  MEAN:
   16    (I) THE STATE OF NEW YORK;
   17    (II) A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL  SUBDIVISION
   18  OR CIVIL SUBDIVISION OF THE STATE;
   19    (III)  A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC
   20  SCHOOL, COLLEGE OR UNIVERSITY;
   21    (IV) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
   22    (V) AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION,  COUN-
   23  CIL, OR OFFICE; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00889-01-5
       A. 3083                             2
    1    (VI)  ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY PERFORMING
    2  PROPRIETARY FUNCTIONS FOR THE STATE, EXCEPT THE LEGISLATURE AND  JUDICI-
    3  ARY.
    4    A  PURCHASING  AGENT  SHALL NOT BE REQUIRED TO PURCHASE A HIGH CALCIUM
    5  FOOD OR BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED  FOOD  OR
    6  BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
    7    THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
    8  REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
    9  PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
   10    NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, A
   11  PURCHASING AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER  BEFORE
   12  JULY  FIRST,  TWO  THOUSAND FIFTEEN TO PURCHASE FOOD AND BEVERAGES SHALL
   13  NOT BE REQUIRED TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHAS-
   14  ING SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
   15    THE COMMISSIONER SHALL REPORT TO  THE  LEGISLATURE  ON  THE  NEED  FOR
   16  CHANGES  IN  LAW TO FACILITATE THE PURCHASES OF SUCH FOODS AND BEVERAGES
   17  BY A GOVERNMENTAL ENTITY.
   18    S 3. Section 305 of the education law  is  amended  by  adding  a  new
   19  subdivision 53 to read as follows:
   20    53. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
   21  TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
   22  ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
   23  AGRICULTURE  AND  MARKETS LAW. THE COMMISSIONER'S RESPONSIBILITIES SHALL
   24  INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
   25  OF AGRICULTURE AND MARKETS FROM SCHOOL DISTRICTS AND  OTHER  EDUCATIONAL
   26  INSTITUTIONS  UNDER  THE  DEPARTMENT'S JURISDICTION PURCHASING PREFERRED
   27  FOODS AND BEVERAGES. THE COMMISSIONER SHALL REPORT  TO  THE  LEGISLATURE
   28  ABOUT  THE  NEED  FOR  CHANGES IN LAW TO FACILITATE THE PURCHASE OF SUCH
   29  FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
   30    S 4. This act shall take effect immediately; provided,  however,  that
   31  the  commissioner  of  agriculture  and  markets and the commissioner of
   32  education are authorized to promulgate any and all rules and regulations
   33  necessary to implement the provisions of this  act  on  or  before  such
   34  effective date.
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