NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5682C
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
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.
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:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
STATE OF NEW YORK
2021-2022 Regular Sessions
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.
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
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-
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.