Food Donation Liability Legislation
To Decrease Food Waste

In hopes of providing assistance to restaurants who wish to donate food but do not because of civil liability concerns Assemblywoman Crystal Peoples-Stokes, D-Buffalo, has introduced legislation to provide protection to assist restaurants in the donation of food. Specifically, the bill A9252/S6303 would amend the Agriculture and Markets law to indemnify a donor of any canned or perishable food, farm product, game or wild game that seems fit for human consumption that is donated to charity. The bill is being carried by Sen. Darrel J. Aubertine, D-Cape Vincent, in the Senate.

The new law would protect donors who reasonably inspect food donations and who don’t have knowledge of the food being adulterated, tainted or harmful to humans. The hope is to make it clearer for restaurants that, “yes” you can donate and it would be great that with less liability concerns they will be better able to work out the transportation issues with pantries in getting the food to their kitchens.

The bill is based on the Jack Davis Florida Restaurant Lending a Helping Hand Act, which Florida implemented in a bi-partisan fashion to ease liability concerns of restaurants that wanted to donate salvageable food to charities in the state. Davis was an 11 year old boy who inquired what a restaurant did with its leftover food. The answer, “to throw it out”, prompted Davis to contact his representative and push for a bill that would make it easier for restaurants to donate food to charities by removing the threat of legal consequences.

Many New Yorkers are feeling the squeeze from the rising cost of food. Staples such as rice, wheat, corn and milk cost more than ever. Middle class pantries are feeling the pressure and families are being hit hard, some even having to use food pantries themselves. Its almost a “perfect storm”, where decreasing donations are being met with an increase in demand for services, and that makes it even more important to provide ways to make more food available.

The USDA reports that the economic crisis has catapulted the number of Americans who lack enough food to the highest level since the government has been keeping track. 50 million people, roughly one out of every four children struggled last year to get enough to eat. Nearly 17 million children lived in households in which food at times was scarce, 4 million more than the year before. It is imperative that we do more to facilitate the giving and not wasting of the 20-27% of all food that is wasted daily and this bill is a step in that direction.

In light of the economy and the incredible fiscal burdens that many college students and their families are toiling under, Assemblywoman Crystal Peoples-Stokes has introduced the “Textbook Transparency Act”, A10386, in order to provide more disclosure to the process of purchasing textbooks. In doing so the transparency will help professors and institutions make more informed decisions regarding the purchasing and acquisition of textbooks.

The wholesale price of textbooks has gone up at least 40% over the last five years according to the US Government Accountability Office, and since 2004 students have purchased approximately $6 billion of new and used textbooks nationally. Combined with rising costs of tuition and housing, textbook expenses have become a big drain on students with various surveys showing that the average student pays $900 or more a year on books.

This legislation, A10386/S6721, sponsored by Sen. Kevin Parker in the Senate would give professors information they can use to potentially lower the price their students pay for textbooks and other study manuals. Specifically the bill would require college textbook publishers to provide educational institutions and their faculty upon request:

• A price at which the publisher would make the product available to the campus bookstore;

• A list of the substantial revisions between the current textbook and a previous textbook;

• Copyright dates of all previous editions in the preceding ten years;

• Information related to whether the products are available in other formats, such as paperback, and unbound, including the price at which the bookseller would make the textbooks available to the campus bookstore; and

• Supplemental material that may be bundled or attached to a textbook, such as a computer disk, access to a special website, or study guides that are sold as part of the textbook, or are not a component of the textbook, and are intended to be sold individually, separate from the textbook.

New York is not the first state to put forward legislation of this type. In 2007 the State of Washington enacted the “College Transparency Act”, as did California. It is hoped that with increased transparency and accountability we can empower students to buy their textbooks in a far more cost-effective manner by providing them with accurate information on pricing and change of edition information in an effort to lower the bottom line on student’s budgets during these fiscally trying times.

Accompanied by Principal Susan Doyle, Head Coach Randy Rich and Assistant Coach Dennis Wilson, the team including Patrick Johnson, Justin Stokes, Darale Young, Reggie Wilson, Devonte Harper, Curtis Harper, Khalid Brown, Emmett Middlebrooks, Davon Alexander and Cordell Torres participated in the trip.

During the day-long trip they took a tour of the Legislative Office Building, the Capitol, Senate Chambers, had lunch in the Concourse and visited the Assemblywoman’s office. While in Assembly Chambers, they were recognized by the Speaker and members of the Assembly and presented with a New York State Proclamation that will be written in NYS history. Assemblyman Mark Schroeder, Senator Antoine Thompson and several other members took pictures with the team, administrators and the Assemblywoman as seen in the pictures.

Assemblywoman Peoples-Stokes and NYS Senator Antoine Thompson presented an awards reception during the NYS Association of Black and Puerto Rican Legislators, Inc. Annual “Black and Puerto Rican Caucus” weekend on Saturday, February 13, 2010 in Albany, NY. The reception recognized leaders on the move in both the private and public sectors that represent various counties across Upstate New York.

One of the most attended receptions during the Caucus Weekend featured the Pappy Martin Band, a host of dignitaries, conference attendees and Governor Paterson and U.S. Senator Kirsten Gillibrand (D-NY) showed support for the Upstate award recipients.

Whether you keep in touch by using your mobile phone, PDA, laptop, pager, or two-way messenger, New Yorkers are constantly “plugged-in.” While these devices have numerous benefits, their increased usage has proven to be a significant distraction and danger on the road. That’s why I helped implement a statewide ban on driving while using portable electronic devices (PEDs).

The National Highway Traffic Safety Administration (NHTSA) estimates that 25 percent of all police-reported crashes involved some form of driver inattention. According to a 2007 Harris Interactive poll, 91 percent of Americans think that driving while texting is as dangerous as drunk driving, and 89 percent of those polled were in favor of a ban.

Under the new law, drivers are prohibited from composing, sending, receiving, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other electronic data while driving. The measure also bans viewing, taking or transmitting images and playing games. Motorists found in violation of the ban could face a maximum fine of $150. Fines are allowed to be imposed only as a secondary offense, when the driver is pulled over for a violation of another law.

In addition, the law requires the Commissioner of motor vehicles to work with the Superintendent of the state police to study the effects of the use of PEDs while driving. Previous studies have shown that drivers who use PEDs behind the wheel dramatically increase their chances of being in or causing a traffic accident. According to an AAA Foundation for Traffic Safety study, speaking on a cell phone while driving or texting impairs several aspects of driving performance, especially reaction time.

In the past few years, counties throughout the state have passed similar local bans. As of Nov. 1, 2009, these local laws were preempted and all New Yorkers are now subjected to the statewide stipulations.

“Reading a book is a great hobby that can be educational as well as entertaining by exploring the mind and taking imaginative trips of adventure and even suspense–through history, music and the future,” Assemblywoman Peoples-Stokes said. “Video games, television and computer programs dominate our children’s lives making it easier to forget the power of imagination. However, you would be surprised at the discoveries, voyages and interesting stories held in the pages of a book.”

Assemblywoman Crystal Peoples-Stokes wants children to have fun reading and expanding their imagination by visiting their public libraries. The Assembly’s 2009 Summer Reading Challenge entitled “Be Creative@ Your Library” recognizes the following participants from last year:

Ja-Quane Young; Cynthia Hawkesworth, Albert Hawkesworth, William Hawkesworth, Javonna Young, Kio McDonald, Ushara Shelton, and Shaair McDuffie.

Peoples-Stokes stated, “The most economical way to keep your children entertained and their imaginations active is by reading.” The Frank E. Merriweather Library (1324 Jefferson Avenue near Utica) and the East Delavan Library (1187 East Delavan Avenue near Bailey) Branches located in my district, are perfect ways to encourage your children to read and utilize their neighborhood resources.”

Assemblywoman Crystal Peoples-Stokes, D-Buffalo, announced her support of landmark legislation establishing state regulatory authority over a segment of the financial system cited by many experts as a significant contributing factor to the 2008 collapse of Wall Street and the ongoing economic crisis.

The bill, co-sponsored by 35 members of the NYS Assembly, addresses the lack of public oversight that exists with respect to the $26 Trillion credit default swaps market. Credit Default Swaps (CDS) are contracts in which a seller of protection promises to cover the buyer against losses incurred through bond failures or other negative credit events. Under the proposed legislation these transactions are defined and regulated as a form of insurance.

Derivatives, which include credit default swaps, have been described as “financial weapons of mass destruction” by billionaire investor Warren Buffet and the “newest, riskiest, and most complex parts of the financial system” by US Treasury Secretary Timothy Geithner. The use and abuse of CDS as in the case of AIG and other participants in the marketplace must be addressed. With this legislation by placing CDS within the scope of state insurance regulation the public can demand and get more accountability.

The sellers of protection will now be required to verify they have the capital necessary to cover the policies they sell. We cannot allow the unfettered and unregulated speculation that puts the entire financial structure at risk, as we witnessed in 2008 when Lehman Brothers and Bear Stearns vanished and years of gains in the stock market were lost in days. As recent as last week we have seen similar problems as manifest in the federal civil suit brought by the SEC against Goldman Sachs for alleged fraudulent CDS uses.

Here in Buffalo and other cities we have seen the direct impact of the failure to have adequate oversight on Wall Street’s excesses. Our communities have seen massive foreclosures and tight credit compounding many citizens ability to make ends meet during this difficult recession. New York must remain the financial capital of the world and this legislation is a good step in restoring the confidence of working Americans in the financial institutions that have shaken their trust.