Bill Text: NJ S4031 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires school meal service providers, when procuring local and regional foods for students, to give purchasing preference to foods produced by in-State farmers and other food producers located within 100 miles of destination school.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-14 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S4031 Detail]
Download: New_Jersey-2024-S4031-Introduced.html
Sponsored by:
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires school meal service providers, when procuring local and regional foods for students, to give purchasing preference to foods produced by in-State farmers and other food producers located within 100 miles of destination school.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the procurement and distribution of local foods for school meal program purposes, amending P.L.2022, c.104, and supplementing chapter 33 of Title 18A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to read as follows:
1. As used in this chapter:
"Categorically eligible" means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.
"Community Eligibility Provision" means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.
"Eligible student" means a student who is categorically eligible or income-eligible for one or more subsidized school meals.
"Emergency meals distribution program" means a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which a school in the district is subject to a public health-related closure due to the COVID-19 pandemic.
"Federal School Breakfast Program" means the federal reimbursement program, established under the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.
"Federally eligible for free or reduced price meals" or "federally eligible" means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.
"Federally ineligible for free or reduced price meals" or "federally ineligible" means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.
"Food service management company" means a commercial enterprise or a nonprofit organization that is or may be contracted by a school food authority to manage the daily provision of school meals, or any other aspect of a school meal service that is provided, to students at one or more participating schools in the State.
"Geographic preference requirements" means the purchase preference requirements, established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), which specify the preferred local geographic area from which local and regional foods and food products, offered to students at participating schools, are required to be sourced and procured.
"Income-eligible" means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student to qualify for and receive subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, on the basis of income.
"Local Food for Schools Cooperative Agreement Program" means the federal program, established and administered by the Agricultural Management Service in the United States Department of Agriculture, pursuant to which the Agricultural Management Service is authorized to enter into cooperative agreements, with individual states, for the purpose of providing such states with federal financial assistance to facilitate the procurement of local and regional foods and food products, from small businesses, from local and regional farmers and food producers, and from socially disadvantaged farmers and food producers, and the distribution of such local and regional foods and food products to participating schools, as part of the National School Lunch Program and federal School Breakfast Program.
"Low-income family" means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.
"Middle-income family" means a family with an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level.
"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.
"Participating school" means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.
"Participating school district or nonpublic school" means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.
"School breakfast program" means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), and pursuant to which the school offers daily breakfasts to all enrolled students.
"School food authority" means the entity that is responsible for providing, or for contracting with appropriate Food Service Management Companies or third-party food service vendors to provide, meal services to students at one or more participating schools in the State, pursuant to, and for the purposes of, the National School Lunch Program or the federal School Breakfast Program, or both.
"School lunch program" means a program that is established and operated by a school district, or by a nonpublic school, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district or nonpublic school offers daily lunches to all students enrolled therein.
"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.
"Student" means a child 18 years of age or younger who is enrolled at a school in the State.
"Subsidized school breakfast" or "subsidized breakfast" means a school breakfast that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).
"Subsidized school lunch" or "subsidized lunch" means a school lunch that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).
"Subsidized school meals" or "subsidized meals" includes both subsidized school breakfasts and subsidized school lunches.
"Subsidized school meals application" means an application that identifies a student's annual household income and is completed by the student's parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school district, or by a public school or nonpublic school, both for the purposes of determining whether a student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).
"Subsidized school meals certification process" or "subsidized meals certification" means the process pursuant to which a school or school district obtains and reviews a student's subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible or income-eligible for subsidized school meals under the National School Lunch Program, or under the federal School Breakfast Program, or both.
"Summer Food Service Program" means the federal reimbursement program, established under 42 U.S.C. s.1761 and 7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.
"Summer meals program" means the Summer Food Service Program, the Seamless Summer Option authorized by 42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.
"Unreimbursed costs" means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government.
"Unsubsidized school breakfast" or "unsubsidized breakfast" means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.
"Unsubsidized school lunch" or "unsubsidized lunch" means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.
(cf: P.L.2023, c.336, s.1)
2. (New section) a. Notwithstanding any other law, rule, or regulation to the contrary, whenever a school food authority, or a food service management company or other third-party food service vendor contracted thereby, receives federal or State-level funding under the Local Food for Schools Cooperative Agreement Program, or under any other similar federal or State program or law designed to encourage or facilitate the procurement of local or regional foods for students at participating schools, the school food authority, food service management company, or third-party food service vendor, as the case may be, shall, to the greatest extent practicable:
(1) give geographic preference to the procurement, for such purposes, of foods and food products which are grown or otherwise produced within a 100-mile radius of the destination school; and
(2) among those foods and food products which are grown or produced within 100 miles of the destination school, as set forth in paragraph (1) of this subsection, give geographic preference to the procurement of foods and food products that have been grown or otherwise produced by in-State farmers and food producers within that 100-mile radius.
b. A school food authority that contracts with a food service management company or other third-party food service vendor to facilitate the provision of school meals to students at participating schools in the State shall, in any case where federal or State funding for local or regional foods is sought or received pursuant to subsection a. of this section, take appropriate action to ensure:
(1) that the contract executed, for such purposes, contains provisions setting forth, and requiring ongoing compliance with, the geographic preference requirements set forth in subsection a. of this section; and
(2) that appropriate expenditures are made and documented, throughout the contract's term, and in accordance with the recordkeeping requirements established pursuant to subsection c. of this section, as necessary to verify the contracted entity's ongoing satisfaction of, and compliance with, the geographic preference requirements set forth in the contract and in subsection a. of this section, in association with the entity's procurement of local and regional foods for distribution to students at participating schools.
c. A school food authority, and any food service management company or other third-party food service vendor contracted thereby to provide school meal services at one or more participating schools in the State, shall maintain and regularly submit to the Department of Agriculture, in a form and manner prescribed thereby, appropriate records and other documentation demonstrating ongoing satisfaction of, and compliance with, the geographic preference requirements established pursuant to subsection a. of this section.
3. The Commissioner of Environmental Protection, in consultation with the Commissioner of Education, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
This bill would establish purchase preference requirements that are to be satisfied in association with the procurement of local and regional foods for school meal program purposes.
The Local Food for Schools (LFS) Cooperative Agreement Program is a federal program, operated by the Agricultural Management Service in the United States Department of Agriculture, which enables the federal government to enter into cooperative agreements, with individual states, to provide such states with federal financial assistance to facilitate their procurement of local and regional foods, from small businesses, from local and regional farmers and food producers, and from socially disadvantaged farmers and food producers, and their distribution of such local and regional foods, to students at participating schools, as part of the National School Lunch Program and federal School Breakfast Program. Under the existing provisions of federal law, local and regional foods which are procured, for students, under the LFS program must either be procured from in-State farmers and food producers or from farmers and food producers (whether in-State or out-of-State) who are located within 400 miles of the destination school.
This bill would establish complimentary, State-level geographic purchase preference requirements to ensure that the food procurement activities being undertaken by school food authorities, by food service management companies (FSMCs), and by other contracted third-party food service providers, pursuant to the LFS program and other similar State and federal laws and programs, are focused on the procurement of foods and food products from a more localized area and, primarily, from in-State farmers and food producers.
Specifically, the bill would provide that, whenever a school food authority, or a FSMC or other third-party food service vendor, receives federal or State-level funding under the LFS program, or under any other similar federal or State program designed to encourage or facilitate the procurement of local or regional foods for students at participating schools, the school food authority, FSMC, or other third-party vendor will be required, to the greatest extent practicable, to: 1) give geographic preference to the procurement, for such purposes, of foods and food products which are grown or otherwise produced within a 100-mile radius of the destination school; and 2) among those foods and food products which are grown or produced within 100 miles of the destination school, give geographic preference to the procurement of foods and food products that have been grown or otherwise produced by in-State farmers and food producers within that 100-mile radius.
The bill would require any
school food service contract, which is executed between a school food authority
and a FSMC or other third-party vendor, to contain provisions setting forth,
and requiring ongoing compliance with, the bill's geographic preference
requirements, and it would further require each school food
authority, FSMC, and other third-party meals service vendor to maintain and
regularly submit, to the Department of Agriculture, appropriate records and
other documentation demonstrating ongoing compliance with the bill's geographic
preference requirements.
