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A05682 Summary:

BILL NOA05682C
 
SAME ASSAME AS S04644-C
 
SPONSORGottfried
 
COSPNSRSimon, Thiele, Seawright, Burdick, Galef, Epstein, Englebright, Hevesi, McDonald, Kelles, Rosenthal L, Gonzalez-Rojas, Steck, Fahy
 
MLTSPNSR
 
Add Art 2 Title 4-A §§252 - 254, Pub Health L
 
Directs the department of health to develop state food guidelines for foods purchased, served, and sold by state agencies, programs, and institutions and on state property.
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A05682 Actions:

BILL NOA05682C
 
02/23/2021referred to governmental operations
05/20/2021amend (t) and recommit to governmental operations
05/20/2021print number 5682a
01/05/2022referred to governmental operations
02/16/2022amend and recommit to governmental operations
02/16/2022print number 5682b
05/17/2022amend (t) and recommit to governmental operations
05/17/2022print number 5682c
05/24/2022reported referred to ways and means
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A05682 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5682C
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to guidelines for food and beverages purchased or sold by state agencies   PURPOSE OR GENERAL IDEA OF BILL: To expand healthy food choices and improve the food environment for state employees, on state property, and in state-supported institutions and programs.   SUMMARY OF PROVISIONS: Section 1 adds a new Title 8, "State Food Standards," to Public Health Law Article 2. The new title requires the Department of Health, in consultation with the Office of General Services, to develop food stand- ards for all food bought, served, and sold by state agencies and on state property within 18 months. Section 2 is the immediate effective date.   JUSTIFICATION: Following a healthy diet as recommended by the federal government1 can reduce risk of chronic conditions including cardiovascular disease, diabetes, osteoporosis, and some types of cancer. Many New Yorkers, however, especially people of color and those with low incomes or disa- bilities, face barriers to consistently accessing healthy and nutritious food. The State has a responsibility to promote healthy eating and expand access to healthy food through its procurement and sales. This legislation will require the Department of Health in consultation with the Office of General Services to develop State Food Standards designed to promote healthy eating and sustainably and locally grown products, and to reflect the allergens, preferences, and health needs of the specific populations the state agencies serve. These standards will apply to all foods and beverages purchased, prepared, served, and sold, by all state agencies, programs, and institutions, and all foods sold or served on state property, including at all NYS government office build- ings, road-side rest areas, state parks, public schools, Office of Aging congregate facilities and meal delivery programs, Department of Corrections and Community Supervision facilities, Bureau of Adult Care homes facilities, and CUNY and SUNY schools.   PRIOR LEGISLATIVE HISTORY: New bill 1 https://www.dietaryguidelines.gov   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD   EFFECTIVE DATE: Immediate.
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A05682 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5682--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2021
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED, SIMON, THIELE, SEAWRIGHT, BURDICK,
          GALEF, EPSTEIN, ENGLEBRIGHT, HEVESI, McDONALD,  KELLES,  L. ROSENTHAL,
          GONZALEZ-ROJAS,  STECK  --  read once and referred to the Committee on
          Governmental Operations -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Governmental Operations in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the public health law, in relation to guidelines for
          food and beverages purchased or sold by state agencies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Article 2 of the public health law is amended by adding a
     2  new title 4-A to read as follows:
     3                                 TITLE IV-A
     4                            STATE FOOD GUIDELINES
     5  Section 252. Development of state food guidelines.
     6          253. Applicability of state food guidelines.
     7          254. Implementation of state food guidelines.
     8    § 252. Development of state food  guidelines.  1.  Within  six  months
     9  following the effective date of this section, the department, in consul-
    10  tation with the office of general services, shall begin an assessment of
    11  the food and beverage purchasing, service, and sales of each state agen-
    12  cy.  The  department  shall  develop  and finalize state food guidelines
    13  considering the findings of  such  assessment  no  later  than  eighteen
    14  months   following  the  effective  date  of  this  section,  for  foods
    15  purchased, served, and sold by  state  agencies,  programs,  and  insti-
    16  tutions  and  on state property. The department shall report such guide-
    17  lines to the governor, temporary president of the senate, and speaker of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07890-06-2

        A. 5682--C                          2
 
     1  the assembly, and disseminate them to the heads of  all  state  agencies
     2  that purchase, prepare, or serve food and beverages.
     3    2. The state food guidelines developed under this section shall:
     4    (a)  be  consistent  with  or  exceed  the recommendations in the most
     5  recent edition of the federal Dietary Guidelines for Americans,  includ-
     6  ing  as to sodium, whole grains, added sugars, saturated fat, cholester-
     7  ol, and fiber;
     8    (b) include recommendations for the use  of  sustainably  and  locally
     9  grown New York state food products to the greatest extent possible;
    10    (c)  ensure  the  availability  of safe, clean tap water when feasible
    11  whenever foods and beverages are sold or served; and
    12    (d) encourage state agencies to offer foods and beverages that reflect
    13  the health risks, allergens, traditions, and preferences  of  the  demo-
    14  graphics served.
    15    3.  The  state  food  guidelines  shall be reviewed and updated by the
    16  department as necessary, but no less often than  every  five  years,  to
    17  ensure that the guidelines remain current and science-based.
    18    4.  In  developing  the  state  food  guidelines, the department shall
    19  consider the following:
    20    (a) recommendations for nutrition standards for foods,  beverages,  or
    21  meals  made by authoritative scientific organizations, including but not
    22  limited to, the guidelines for purchased food  recommended  by  the  New
    23  York State Food Policy Council, the American Heart Association Workplace
    24  Food  and  Beverage  Toolkit,  the  Food  Service Guidelines for Federal
    25  Facilities, the USDA National School Lunch Program and School  Breakfast
    26  Program  standards,  the  USDA  Child and Adult Care Food Program guide-
    27  lines, the American Cancer  Society  Guideline  for  Diet  and  Physical
    28  Activity, and the American Diabetes Association Diabetes Plate Method;
    29    (b)  both  positive  and negative contributions of nutrients, ingredi-
    30  ents, and foods to the diets of adults and children, including  calories
    31  or  portion  size, saturated fat, sodium, added sugars, and the presence
    32  of fruits, vegetables, and whole grains; and
    33    (c) adaptations of the guidelines for different venues, such as child-
    34  care, correctional facilities, government meetings,  or  other  settings
    35  and programs with unique populations or circumstances.
    36    §  253.  Applicability  of  state  food  guidelines. 1. The state food
    37  guidelines developed under section two hundred fifty-two of  this  title
    38  shall  include  recommendations  for  all foods and beverages purchased,
    39  prepared, served, and sold by all state agencies, programs,  and  insti-
    40  tutions, including but not limited to:
    41    (a) All state government office buildings.
    42    (b) Meetings and conferences funded by state agencies.
    43    (c)  Road-side  rest areas and welcome centers managed or owned by the
    44  state.
    45    (d) State parks and historic sites.
    46    (e) Emergency food relief organizations  receiving  hunger  prevention
    47  and nutrition assistance program funds.
    48    (f) State child and adult care food programs.
    49    (g) State-supported hospitals.
    50    (h)  City University of New York and State University of New York, and
    51  each of the institutions in these university systems.
    52    (i) Office for the aging congregate and home-delivered meal services.
    53    (j) Department of corrections and community supervision facilities.
    54    (k) Office of mental health inpatient and residential services.
    55    (l) Bureau of adult care homes.

        A. 5682--C                          3
 
     1    (m) Division of juvenile justice and opportunities for  youth  facili-
     2  ties.
     3    (n) Office for people with developmental disabilities services.
     4    (o) Office of addiction services and supports treatment centers.
     5    2. All purchases made by any department, division, or agency listed in
     6  subdivision  one  of  this  section,  or  by  any officer on behalf of a
     7  department, division, or  agency  listed  in  subdivision  one  of  this
     8  section,  shall,  to the greatest extent possible, be made in accordance
     9  with the state food guidelines.
    10    3. All contracts made by any department, division, or agency listed in
    11  subdivision one of this section, or  by  any  officer  on  behalf  of  a
    12  department,  division,  or  agency  listed  in  subdivision  one of this
    13  section, for the purchase, service, catering, or  vending,  of  food  or
    14  beverage  will,  to  the  greatest  extent  possible, ensure the food or
    15  beverage supplied, served, and sold shall  be  in  accordance  with  the
    16  state food guidelines.
    17    4.  The  state  food guidelines shall not apply to food distributed or
    18  served by agencies during an emergency or disaster.
    19    5. Under any contract for the purchase, service, catering  or  vending
    20  of  food  or    beverages that is subject to renewal, where such renewal
    21  occurs after the state food  guidelines have become effective, the state
    22  agency shall provide such contractor notice of the state food guidelines
    23  and shall include such guidelines in the terms of the renewal contract.
    24    § 254. Implementation of  state  food  guidelines.  Within  twenty-one
    25  months of the effective date of this section, the department shall adopt
    26  a plan for providing technical and supervisory assistance to state agen-
    27  cies  implementing  the  state  food  guidelines  made under section two
    28  hundred fifty-two of this title. At minimum, such plan shall establish:
    29    1. A timeline for state  agencies  to  receive  initial  training  and
    30  implement the state food guidelines.
    31    2. A process by which the department shall monitor the extent to which
    32  state  agencies  follow the state food guidelines on a routine basis and
    33  follow up with additional technical assistance as needed.
    34    3. Guidance for applicable state agencies to adopt  internal  policies
    35  on  the  contracting and purchasing of food in accordance with the state
    36  food guidelines.
    37    § 2. This act shall take effect immediately.
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