Establishes provisions to combat the incidence of adult and childhood obesity

In fact, acute and chronic adverse health conditions such as diabetes, chronic coronary conditions, and respiratory illnesses caused by obesity conditions are about to overtake those acute and chronic adverse health conditions caused by smoking tobacco. This bill attempts to better inte- grate current programs and laws that relate to combating childhood obesity.

Further, this bill attempts to integrate activities conducted by the Department of Agriculture and Markets to facilitate the increased avail- ability and affordability of locally produced fresh produce to areas of the state that have a high incidence of childhood obesity. Such initi- atives to increase the volume, availability and consumption of more fresh produce in at-risk targeted areas that have a high incidence of obese individuals could be supplied by locally producing community gardens and by the shipment of fresh produce by commercial growers into such targeted areas.

The rationale being that increasing the availability of fresh fruits and vegetables to underserved areas will increase the consumption of such foods because they are tastier and more likely to be consumed by at-risk populations. Further, it is important to better integrate the work of the Departments of Agriculture & Markets, Education, and Health, with activities conducted by local volunteer groups, health care providers, local governments, schools and Cooperative Extension Services.

Summary of provisions

Section 1: Amends Agriculture & Markets Law (Ag. & Markets Law) Section 3 to expand the Declaration of Policy and purposes of the Department to improve the overall health of New Yorkers and to help combat the increasing incidence of adult and childhood obesity. The Department already is charged with the duty to encourage the production of fresh farm products in this State, this provision merely encourages the

Department to also encourage the consumption of such products by persons who are obese and in those areas of the State that have a high incidence of childhood obesity.

Section 2: Amends Ag. & Markets Law section 16 (5-b) which outlines the General Powers and Duties of the Department to also cooperate with the Health Department in implementing the Childhood Obesity Program pursuant to Article 25 of the Public Health Law (PHL) and with the Commissioner of Education to encourage the production and consumption of fresh local- ly produced fruits and vegetables by primary and secondary school students to help combat the increasing incidence of childhood obesity. In addition, the Department is to cooperate with other federal, state and local agencies to encourage the expansion of community gardens so as to increase the availability and affordability of locally grown produce, to help combat adult and childhood obesity, especially in areas of the state that have a high incidence of obesity.

Section 3: Amends Ag. & Markets Law section 281, the Declaration of Legislative Findings for Article 23, which relates to the Department's powers to encourage the direct marketing of New York agricultural products. This provision encourages the Department to also help to encourage the consumption of such locally produced products in a manner that helps to combat the high incidence of adult and childhood obesity.

Section 4: Amends Ag. & Markets Law section 283 (5) and creates a new (8-a) which relates to the Department's powers and duties to promote the direct sale of farm and food products produced in New York to increase the supply of fresh wholesome foods that can be obtained more inexpen- sively. Doing so may help to increase the consumption of foods that can help to combat the high incidence of childhood obesity. Under this provision, the Department is encouraged to develop direct marketing programs for the provision of fresh fruits and vegetables in areas designated by DOH as having a high incidence of childhood obesity.

Section 5: Amends County Law section 224-b to authorize cooperative extension services to provide in a coordinated manner a local or state- wide program specialist that relates to adult and childhood obesity, asthma, or chronic respiratory illness prevention.

Section 6: Effective Date.

Justification

The growing prevalence of overweight and obese children is a crisis that is facing the entire nation. Obesity related health care expenditures in New York are some of the highest in the nation. Further, contrary to the lower prevalence of obesity among adults, chil- dren in New York are more likely to be obese or overweight when compared to national trends.

Obesity and overweight conditions in individuals are leading to higher incidences of life threatening conditions and substantial economic costs both to the State of New York for health care costs and to employers in lost work time and higher health care costs. Obesity in children tends

to manifest itself more widely among poorer children and children whose parents have lower education levels.

The rising incidence of childhood obesity is a serious medical problem that continues to grow, especially among poorer and minority communi- ties. Further, obesity is known to cause or exacerbate a number of seri- ous chronic medical disorders including hypertension, dyslipidemia, cardiovascular disease, diabetes, and respiratory dysfunction. Nearly 80% of patients with diabetes mellitus are obese, while nearly 70% of diagnosed cases of cardiovascular disease are related to Obesity. Obesi- ty ranks only second to smoking as a preventable cause of death. Unfor- tunately, preventable deaths caused by obesity conditions are rapidly approaching and will surpass those deaths caused by smoking tobacco.

While the high prevalence of obesity and overweight conditions is an important public health concern when it affects adults, it should be of heightened concern that this adult affliction is now becoming more common among children. When obesity conditions afflict children this poses significant quality of life detriments to such persons, reduces the productivity of such individuals over a longer time of their life, and hastens the onset of many chronic conditions that can hurt the qual- ity of life of such persons and their families.

It is important for state agencies such as the Departments of Health, Education, and Agriculture & Markets to coordinate their current activ- ities to curb this problem and to provide cross references in the law so that there is a better integration in statute of the interrelationship of these already existing programs. Further, once New York's state agen- cies have a more coordinated approach to curb childhood obesity, then other public stakeholders such as school educators and BOCES can combine forces with such state agencies and with private stakeholders such as health care providers, health care facilities, child day care centers, insurers, and community groups to provide a coordinated way to address this problem.

Prior legislative history

Related to S.6423 (Klein) that contains a more comprehensive expansion of obesity programs to combat obesity in adults and children. Same as S. 7114 of 2012.

Effective date

January first of the next succeeding year after which this act shall have become law.