Bill Text: NY S00265 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the New York calcium purchasing preference initiative by instructing the purchasing agent of any governmental entity to give preference to a product containing a higher level of calcium than products of the same type and quality which are equal to or lower in price than products of the same type and quality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00265 Detail]

Download: New_York-2011-S00265-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          265
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law and the  education  law,
         in relation to establishing the New York calcium purchasing preference
         initiative
         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  "New  York
    2  calcium purchasing preference initiative".
    3    S  2.  Section  16  of  the  agriculture and markets law is amended by
    4  adding a new subdivision 5-c to read as follows:
    5    5-C.  ESTABLISH, IN COOPERATION WITH THE  COMMISSIONER  OF  EDUCATION,
    6  THE  NEW  YORK CALCIUM PURCHASING PREFERENCE INITIATIVE.  THE PURCHASING
    7  AGENT FOR ANY GOVERNMENTAL ENTITY WHICH PURCHASES FOOD OR  BEVERAGES  TO
    8  BE  PROCESSED  OR SERVED IN A BUILDING OR ROOM OWNED OR OPERATED BY SUCH
    9  GOVERNMENTAL ENTITY SHALL GIVE PREFERENCE TO FOODS AND BEVERAGES THAT:
   10    (A) CONTAIN A HIGHER LEVEL OF CALCIUM THAN PRODUCTS OF THE  SAME  TYPE
   11  AND QUALITY; AND
   12    (B)  ARE EQUAL TO OR LOWER IN PRICE THAN PRODUCTS OF THE SAME TYPE AND
   13  QUALITY.
   14    FOR THE PURPOSES OF  THIS  SUBDIVISION,  "GOVERNMENTAL  ENTITY"  SHALL
   15  MEAN:
   16    (A) THE STATE OF NEW YORK;
   17    (B)  A  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
   18  OR CIVIL SUBDIVISION OF THE STATE;
   19    (C) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTITY  OPERATING  A  PUBLIC
   20  SCHOOL, COLLEGE OR UNIVERSITY;
   21    (D) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC BENEFIT CORPORATION;
   22    (E)  AN AGENCY, BOARD, BUREAU, DIVISION, COMMITTEE, INSTITUTION, COUN-
   23  CIL, OR OFFICE; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01417-01-1
       S. 265                              2
    1    (F)  ANY  OTHER  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  PERFORMING
    2  PROPRIETARY  FUNCTION  FOR THE STATE, EXCEPT THE LEGISLATURE AND JUDICI-
    3  ARY.
    4    A  PURCHASING  AGENT  SHALL NOT BE REQUIRED TO PURCHASE A HIGH CALCIUM
    5  FOOD OR BEVERAGE FOR ANY GOVERNMENTAL ENTITY IF SUCH PREFERRED  FOOD  OR
    6  BEVERAGE WILL INTERFERE WITH THE TREATMENT OR CARE OF ANY PERSON.
    7    THE DEPARTMENT SHALL SOLICIT INFORMATION FROM THE EDUCATION DEPARTMENT
    8  REGARDING SCHOOL DISTRICTS AND OTHER EDUCATIONAL INSTITUTIONS PURCHASING
    9  PREFERRED FOODS AND BEVERAGES IN ACCORDANCE WITH THIS SUBDIVISION.
   10    NOTWITHSTANDING  ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, A
   11  PURCHASING AGENT WHO HAS ENTERED INTO A CONTRACT WITH A SUPPLIER  BEFORE
   12  JULY FIRST, TWO THOUSAND ELEVEN TO PURCHASE FOOD AND BEVERAGES SHALL NOT
   13  BE  REQUIRED  TO PURCHASE HIGH CALCIUM FOODS AND BEVERAGES IF PURCHASING
   14  SUCH PRODUCTS CHANGE OR ALTER THE TERMS OF THE CONTRACT.
   15    THE COMMISSIONER SHALL REPORT TO  THE  LEGISLATURE  ON  THE  NEED  FOR
   16  CHANGES  IN  LAW TO FACILITATE THE PURCHASES OF SUCH FOODS AND BEVERAGES
   17  BY A GOVERNMENTAL ENTITY.
   18    S 3. Section 305 of the education law  is  amended  by  adding  a  new
   19  subdivision 42 to read as follows:
   20    42. THE COMMISSIONER SHALL COOPERATE WITH THE COMMISSIONER OF AGRICUL-
   21  TURE AND MARKETS IN ESTABLISHING THE NEW YORK CALCIUM PURCHASING PREFER-
   22  ENCE INITIATIVE PURSUANT TO SUBDIVISION FIVE-C OF SECTION SIXTEEN OF THE
   23  AGRICULTURE  AND  MARKETS LAW. THE COMMISSIONER'S RESPONSIBILITIES SHALL
   24  INCLUDE, BUT NOT BE LIMITED TO, COMPILING INFORMATION FOR THE DEPARTMENT
   25  OF AGRICULTURE AND MARKETS FROM SCHOOL DISTRICTS AND  OTHER  EDUCATIONAL
   26  INSTITUTIONS  UNDER  THE  DEPARTMENT'S JURISDICTION PURCHASING PREFERRED
   27  FOODS AND BEVERAGES. THE COMMISSIONER SHALL REPORT  TO  THE  LEGISLATURE
   28  ABOUT  THE  NEED  FOR  CHANGES IN LAW TO FACILITATE THE PURCHASE OF SUCH
   29  FOOD AND BEVERAGES BY SCHOOLS AND OTHER EDUCATIONAL INSTITUTIONS.
   30    S 4. This act shall take effect immediately; provided,  however,  that
   31  the  commissioner  of  agriculture  and  markets and the commissioner of
   32  education are authorized to promulgate any and all rules and regulations
   33  necessary to implement the provisions of this  act  on  or  before  such
   34  effective date.