Directs commissioner of education to establish guidelines providing for donation of excess, unused, edible food from school meals to food assistance programs

14 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Phil Boyle
• David Carlucci
• Ruth Hassell-Thompson
• Brad Hoylman-Sigal
• George Latimer
• Kathleen A. Marchione
• Velmanette Montgomery
• Marc Panepinto
• Kevin S. Parker
• Patty Ritchie
• Diane J. Savino
• José M. Serrano

BILL NUMBER:S854

Title of bill

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

Purpose of bill

To establish a voluntary program to assist and facilitate the ability of schools districts and institutions of higher learning to donate excess unused food from their school meal programs to voluntary food assistance programs for the poor and disadvantaged.

Summary of specific provisions

Section 1: Amends Agriculture and Markets Law section 16 to authorize the Commissioner of Agriculture and Markets to cooperate with the Commissioner of Education in developing guidelines for a voluntary program to coordinate the donation of excess, unused, edible food derived from school meal programs to voluntary food assistance programs for the poor and disadvantaged, including community food pantries, soup kitchens, and other community or not-for-profit organizations that distribute food.

Section 2: Adds a new Education Law section 305 (32) to ask the Commissioner of Education to develop voluntary guidelines to encourage and facilitate the ability of school districts and institutions of higher learning to donate excess, unused, edible food from meals served at such facilities to local voluntary food assistance programs. To minimize any potential mandates on school districts, and the Department of Education, all that is being asked to be done is to establish some form of channel of communication between such educational institutions and nearby voluntary food assistance programs for the poor or disadvantaged so that if it is advantageous, that surplus food can be donated to the poor. This section also interrelates the communication between schools and food pantries with the farm-to-school program and the New York Harvest for New York Kids week program, which already is a line of communication on food and nutrition between the schools and Agriculture and Markets.

Justification

The United States Department of Agriculture (USDA) has encouraged the creation of programs that collect food that would otherwise be discarded and donate it to voluntary feeding programs such as food pantries and soup kitchens. There are existing efforts to collect food leftovers from food service operations such as restaurants, fundraising dinners, corporate lunchrooms and even airlines. school meal programs are also potential donors. There is funding for food gleaning through the Department of Health's Hunger Prevention Nutrition Assistance Program (HPNAP) which provides State support for emergency food programs. Schools are required to carefully plan menus to meet the nutritional needs of children and minimize food waste. However, at times when there is bad weather or high absenteeism or

other unusual circumstances there may be significant unserved food that could be used by emergency food programs. Nearly 2 million school lunches and breakfasts are served everyday in New York State.

Legislative history

2007/08 - A.5334 - Referred to Education. 2009-10 - Similar to A.6453-A - Vetoed, Tabled. 2011-12 - S. 4288 - Referred to Education. 2013-14 - S. 2332 - Passed Senate

Fiscal implications for state and local governments

None.

Effective date

180 days after it shall have become law.