Bill Text: NY A05682 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2022-05-24 - reported referred to ways and means [A05682 Detail]

Download: New_York-2021-A05682-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5682

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 23, 2021
                                       ___________

        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the public health law, in relation to enacting the heal-
          thy food service guidelines for New York act of 2021

          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 "healthy
     2  food service guidelines for New York act of 2021".
     3    § 2. Legislative findings and intent. The Senate and Assembly  of  the
     4  State of New York finds as follows:
     5    1.  A healthy diet, consistent with the most recent Dietary Guidelines
     6  for Americans (DGA), can reduce the risk of many chronic diseases,  such
     7  as  obesity,  cardiovascular  disease,  diabetes, osteoporosis, and some
     8  cancers. Poor nutrition,  on  the  other  hand,  can  negatively  affect
     9  growth,  development,  and  health status. The New York State Prevention
    10  Agenda 2019-2024 established a goal of increasing access to healthy  and
    11  affordable foods and beverages to support the overarching goal of reduc-
    12  ing obesity and the risk of chronic disease.
    13    2.  The  typical diet of Americans is not consistent with the DGA, and
    14  unhealthy eating behaviors are too common among New Yorkers. It is espe-
    15  cially challenging for people of low  socioeconomic  status,  people  of
    16  color,  and  people with disabilities to access healthy food.  According
    17  to the Prevention Agenda Toward the  Healthiest  State  Progress  Report
    18  2018:
    19    (a)  37.4% of adults in NYS consume fruit less than once per day.  The
    20  prevalence is highest for adults who are Black or  Hispanic  (39.8%  and
    21  39.3%,  respectively),  live in households that earn less than $25,000 a
    22  year (40.4% and 43.7%), have less than a high school education  (42.1%),
    23  or are living with disability (41.7%).
    24    (b)  22.4% of adults in NYS consume vegetables less than once per day.
    25  The prevalence is highest for adults who are non-Hispanic Black (29.3%),

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07890-01-1
        A. 5682                             2

     1  live in households that earn less than $15,000 a year (32.8%), have less
     2  than a high school education (30.5%),  or  are  living  with  disability
     3  (29.8%).
     4    (c) 23.2% of adults in NYS consume a sugary drink at least once a day.
     5  The prevalence is highest for adults who are non-Hispanic Black (31.3%),
     6  live in households that earn less than $15,000 a year (35.4%), have less
     7  than  a  high  school  education  (33.3%), or are living with disability
     8  (28.2%).
     9    (d) 43.8% of NYS high school students consume fruit less than once per
    10  day. The prevalence is highest for students who  are  male  (45.8%),  in
    11  10th grade (46.1%), or Black (47.5%).
    12    (e)  22.3%  of  NYS  middle  and high school students consume a sugary
    13  drink at least once a day. The prevalence is highest  for  students  who
    14  are male (23.6%), in high school (23.8%), or Black (29%).
    15    3.  The  state has a responsibility to ensure the healthfulness of the
    16  food it serves and sells, because:
    17    (a) Achieving a healthy diet requires a supportive environment.    All
    18  people  need  ready  access to affordable healthy foods and beverages to
    19  support nutritious diets;
    20    (b) The state purchases, sells, and serves foods and beverages through
    21  multiple agencies, facilities, institutions, and programs to  employees,
    22  visitors, recipients of public services, and people in state custody;
    23    (c)  Many  people  who  depend  on  state-sponsored  institutions  and
    24  programs for daily nutrition are members  of  disadvantaged  communities
    25  that  experience disparities in access to healthy food and prevalence of
    26  diet-related illness;
    27    (d) Much of the cost of the state's burden of diet-related illness  is
    28  absorbed by the state's Medicare and Medicaid programs;
    29    (e)  Approximately 290,000 people are employed by the state.  Reducing
    30  the impact of diet-related diseases will support a  healthier  and  more
    31  productive workforce; and
    32    (f)  Public  demand for healthier food is high, with six in ten people
    33  reporting  that  healthfulness  is  a  leading  driver  of  their   food
    34  purchases.
    35    4.  The  Centers for Disease Control and Prevention and other authori-
    36  tative public health organizations  recommend  that  governments,  busi-
    37  nesses,  and large institutions adopt healthy food service guidelines to
    38  support individuals' adherence to the DGA. In 2012, the New York Academy
    39  of Medicine proposed several strategies to improve population health  in
    40  New  York  State through food procurement policies, including comprehen-
    41  sive nutrition standards. Also in 2012, the New York  State  Council  on
    42  Food  Policy  appointed a Workgroup that developed recommended nutrition
    43  standards for food procurement based on the DGA.  In 2019, the  National
    44  Association  for the Advancement of Colored People recognized the impact
    45  of food choices on people and communities of color,  and  resolved  that
    46  the  availability  of tasteful and culturally relevant plant-based meals
    47  be a 2020 legislative priority.
    48    § 3. Article 2 of the public health law is amended  by  adding  a  new
    49  title 8 to read as follows:
    50                                   TITLE 8
    51                            STATE FOOD STANDARDS
    52  Section 269.   Development of state food standards.
    53          269-a. Applicability of state food standards.
    54          269-b. Implementation of state food standards.
    55    §  269.  Development  of  state food standards. 1. Within three months
    56  following the effective date of this section, the department, in consul-
        A. 5682                             3

     1  tation with the office of general services, shall begin an assessment of
     2  the food and beverage purchasing, service, sales, and marketing policies
     3  and activities of each state agency. The department  shall  develop  and
     4  finalize  state  food standards considering the findings of such assess-
     5  ment no later than twelve months following the effective  date  of  this
     6  section,  for foods purchased, served, sold, and promoted by state agen-
     7  cies, programs, and institutions and on state property.  The  department
     8  shall  report  such  standards to the state legislature, and disseminate
     9  them to the heads of all state agencies that purchase,  prepare,  serve,
    10  or promote food and beverages.
    11    2. The state food standards developed pursuant to this section shall:
    12    (a)  be  consistent  with  or  exceed  the recommendations in the most
    13  recent edition of the federal Dietary Guidelines for Americans,  includ-
    14  ing  as to sodium, whole grains, added sugars, saturated fat, cholester-
    15  ol, and fiber;
    16    (b) prohibit state agencies from offering or promoting sugar-sweetened
    17  beverages;
    18    (c) support and encourage breastfeeding, ensuring that  employees  are
    19  provided  with  appropriate space and adequate time for breastfeeding or
    20  expressing milk for their infants;
    21    (d) include recommendations for the use  of  sustainably  and  locally
    22  grown New York state food products to the greatest extent possible;
    23    (e)  ensure  the  availability of safe, clean tap water whenever foods
    24  and beverages are sold or served;
    25    (f) encourage state agencies to offer foods and beverages that reflect
    26  the health risks, allergens, traditions, and preferences  of  the  demo-
    27  graphics served; and
    28    (g)  encourage  the  consumption of plant-based whole foods, including
    29  fruits, vegetables, legumes, nuts, and whole grains.
    30    3. The state food standards shall  be  reviewed  and  updated  by  the
    31  department  as  necessary,  but  no less often than every five years, to
    32  ensure that the standards remain current and science-based.
    33    4. In developing  the  state  food  standards,  the  department  shall
    34  consider the following:
    35    (a)  recommendations  for nutrition standards for foods, beverages, or
    36  meals made by  authoritative  scientific  organizations,  including  the
    37  guidelines  for  purchased  food  recommended by the New York State Food
    38  Policy Council, the American Heart Association Workplace Food and Bever-
    39  age Toolkit, the Food Service Guidelines  for  Federal  Facilities,  the
    40  USDA  National  School Lunch Program and School Breakfast Program stand-
    41  ards, the USDA Child and Adult Care Food Program guidelines, the  Ameri-
    42  can  Cancer  Society  Guideline  for Diet and Physical Activity, and the
    43  American Diabetes Association Diabetes Plate Method;
    44    (b) both positive and negative contributions  of  nutrients,  ingredi-
    45  ents,  and foods to the diets of adults and children, including calories
    46  or portion size, saturated fat, sodium, added sugars, and  the  presence
    47  of fruits, vegetables, and whole grains; and
    48    (c)  adaptations of the standards for different venues, such as child-
    49  care, correctional facilities, government meetings,  or  other  settings
    50  and programs with unique populations or circumstances.
    51    §  269-a.  Applicability  of  state  food standards. 1. The state food
    52  standards developed pursuant to section two hundred sixty-nine  of  this
    53  title  shall  apply  to  all  foods  and  beverages purchased, prepared,
    54  served, sold, and promoted by all state agencies, programs,  and  insti-
    55  tutions  and  sold, served, or promoted on state property, including but
    56  not limited to:
        A. 5682                             4

     1    (a) All state government office buildings.
     2    (b) Meetings and conferences hosted or funded by state agencies.
     3    (c)  Road-side  rest areas and welcome centers managed or owned by the
     4  state.
     5    (d) State parks and historic sites.
     6    (e) Emergency food relief organizations  receiving  hunger  prevention
     7  and nutrition assistance program funds.
     8    (f) State child and adult care food programs.
     9    (g) State-supported hospitals.
    10    (h)  City University of New York and State University of New York, and
    11  each of the institutions in these university systems.
    12    (i) Office for the aging congregate and home-delivered meal services.
    13    (j) Department of corrections and community supervision facilities.
    14    (k) Office of mental health inpatient and residential services.
    15    (l) Bureau of adult care homes.
    16    (m) Division of juvenile justice and opportunities for  youth  facili-
    17  ties.
    18    (n) Office for people with developmental disabilities services.
    19    (o) Office of addiction services and supports treatment centers.
    20    (p)  Public  schools,  charter  schools,  and  participating nonpublic
    21  schools.
    22    (q) Education department's summer food service program.
    23    2. All purchases made by any department, division, or agency listed in
    24  subdivision one of this section, or  by  any  officer  on  behalf  of  a
    25  department,  division,  or  agency  listed  in  subdivision  one of this
    26  section, shall be made in accordance with the state food standards.
    27    3. All contracts made by any department, division, or agency listed in
    28  subdivision one of this section, or  by  any  officer  on  behalf  of  a
    29  department,  division,  or  agency  listed  in  subdivision  one of this
    30  section, for the purchase, service, catering, vending, or  promotion  of
    31  food  or  beverage  will  ensure  the food or beverage supplied, served,
    32  sold, and promoted shall be in accordance with the state food standards.
    33  All existing contracts that do not meet such standards shall be  revised
    34  or terminated at the next renewal stage of such contracts.  All grantees
    35  of  the state shall comply with the state food standards when purchasing
    36  food with grant funds.
    37    (a) No contract shall permit marks or logos associated  with  a  state
    38  department,  division,  agency, or institution to be used to promote any
    39  sugar-sweetened beverage.
    40    (b) No contract shall permit any company or  state  department,  divi-
    41  sion,  agency,  or institution to refer to a sugar-sweetened beverage as
    42  an official beverage of a state department, division, agency, or  insti-
    43  tution.
    44    (c) No contract shall require or suggest that an employee of any state
    45  department,  division,  agency,  or  institution should promote a sugar-
    46  sweetened beverage.
    47    (d) No contract shall include payments to a  state  department,  divi-
    48  sion,  agency, or institution that are contingent on a minimum volume of
    49  sales of sugar-sweetened beverages.
    50    § 269-b. Implementation of state food standards. Within twelve  months
    51  of the effective date of this section, the department shall adopt a plan
    52  for  providing  technical  and  supervisory assistance to state agencies
    53  implementing the state food standards promulgated  pursuant  to  section
    54  two hundred sixty-nine of this title. At minimum, such plan shall estab-
    55  lish:
        A. 5682                             5

     1    1.  A  timeline  for  state  agencies  to receive initial training and
     2  implement the state food standards.
     3    2. A process by which the department shall monitor compliance with the
     4  state  food  standards  on a routine basis and follow-up with additional
     5  technical assistance as needed to improve compliance.
     6    § 4. This act shall take effect immediately.