STATE OF NEW YORK ________________________________________________________________________ 5664--B Cal. No. 778 2017-2018 Regular Sessions IN SENATE April 24, 2017 ___________ Introduced by Sens. KLEIN, ADDABBO, AVELLA, BOYLE, CARLUCCI, GALLIVAN, HOYLMAN, KENNEDY, LATIMER, MARCHIONE, MONTGOMERY, PARKER, RITCHIE, SAVINO, SERRANO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the agriculture and markets law and the education law, in relation to authorizing school districts and institutions of higher education to donate excess food to local voluntary food assistance programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 16 of the agriculture and markets law is amended by 2 adding a new subdivision 5-c to read as follows: 3 5-c. Cooperate with the commissioner of education, pursuant to subdi- 4 vision fifty-six of section three hundred five of the education law, to 5 develop guidelines for the voluntary implementation by school districts 6 and institutions of higher education of programs which encourage the 7 donation of excess, unused, edible food from meals served at such educa- 8 tional facilities to local voluntary food assistance programs. 9 § 2. Section 305 of the education law is amended by adding a new 10 subdivision 56 to read as follows: 11 56. The commissioner, in consultation and cooperation with the commis- 12 sioner of agriculture and markets, may develop guidelines to encourage 13 school districts and institutions of higher education to donate excess, 14 unused, edible food from meals served at such educational facilities to 15 local voluntary food assistance programs including, but not limited to, 16 community food pantries, soup kitchens, and other community and not-for- 17 profit organizations that distribute food to the poor and disadvantaged. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07734-05-7

S. 5664--B 2 1 Such guidelines developed concerning donated food shall comply with all 2 federal, state and local public health laws, rules and regulations that 3 govern food safety and food donation. 4 Such guidelines may include, but not be limited to: 5 a. a procedure to provide information to school districts, insti- 6 tutions of higher education and local voluntary food assistance programs 7 of the provisions of such guidelines; 8 b. notification to educational institutions of their ability to elect 9 to donate excess, unused, edible food to local voluntary food assistance 10 programs; and 11 c. information and technical assistance on how school districts and 12 institutions of higher education may best donate excess food in a safe 13 and sanitary manner. 14 The commissioner shall coordinate the implementation of such guide- 15 lines with the farm-to-school program established pursuant to subdivi- 16 sion five-b of section sixteen of the agriculture and markets law. 17 § 3. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law.