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S T A T E O F N E W Y O R K
________________________________________________________________________
8091
2025-2026 Regular Sessions
I N A S S E M B L Y
April 25, 2025
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to the awarding
of certain purchase contracts to purchase food
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 103 of the general municipal law,
2 as amended by chapter 668 of the laws of 2023, is amended to read as
3 follows:
4 1. (A) Except as otherwise expressly provided by an act of the legis-
5 lature or by a local law adopted prior to September first, nineteen
6 hundred fifty-three, all contracts for public work involving an expendi-
7 ture of more than thirty-five thousand dollars and all purchase
8 contracts involving an expenditure of more than twenty thousand dollars,
9 shall be awarded by the appropriate officer, board or agency of a poli-
10 tical subdivision or of any district therein including but not limited
11 to a soil conservation district to the lowest responsible bidder
12 furnishing the required security after advertisement for sealed bids in
13 the manner provided by this section[,]; provided, however, that purchase
14 contracts (including contracts for service work, but excluding any
15 purchase contracts necessary for the completion of a public works
16 contract pursuant to article eight of the labor law) may be awarded on
17 the basis of best value, as defined in section one hundred sixty-three
18 of the state finance law, to a responsive and responsible bidder or
19 offerer in the manner provided by this section except that in a poli-
20 tical subdivision other than a city with a population of one million
21 inhabitants or more or any district, board or agency with jurisdiction
22 exclusively therein the use of best value for awarding a purchase
23 contract or purchase contracts must be authorized by local law or, in
24 the case of a district corporation, school district or board of cooper-
25 ative educational services, by rule, regulation or resolution adopted at
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11802-01-5
A. 8091 2
1 a public meeting; AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
2 (INCLUDING CONTRACTS FOR FOOD SERVICE WORK, BUT EXCLUDING ANY PURCHASE
3 CONTRACT NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
4 ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
5 QUALIFIED BIDDER WHO COMPLIES WITH ONE OR MORE OF THE VALUES BASED
6 PROCUREMENT STANDARDS PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
7 MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED, HOWEVER, THAT THE
8 COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER THAN THE
9 COST INCLUDED IN A BID BY THE LOWEST RESPONSIBLE BIDDER. PROVIDED
10 FURTHER THAT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, ALL BIDDERS
11 ON FOOD PURCHASE CONTRACTS SHALL PROVIDE RELEVANT SUPPLY CHAIN DATA IN
12 ITS BID TO THE APPROPRIATE OFFICER, BOARD OR AGENCY. THE APPROPRIATE
13 OFFICER, BOARD OR AGENCY SHALL MAKE SUCH DATA PUBLICLY AVAILABLE ON THE
14 ENTITIES' RESPECTIVE WEBSITES, EXCEPTING DATA NOT SUBJECT TO DISCLOSURE
15 PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. In any case where a
16 responsible bidder's or responsible offerer's gross price is reducible
17 by an allowance for the value of used machinery, equipment, apparatus or
18 tools to be traded in by a political subdivision, the gross price shall
19 be reduced by the amount of such allowance, for the purpose of determin-
20 ing the best value. In cases where two or more responsible bidders
21 furnishing the required security submit identical bids as to price, such
22 officer, board or agency may award the contract to any of such bidders.
23 Such officer, board or agency may, in [his or her or its] THEIR
24 discretion, reject all bids or offers and readvertise for new bids or
25 offers in the manner provided by this section. In determining whether a
26 purchase is an expenditure within the discretionary threshold amounts
27 established by this subdivision, the officer, board or agency of a poli-
28 tical subdivision or of any district therein shall consider the reason-
29 ably expected aggregate amount of all purchases of the same commodities,
30 services or technology to be made within the twelve-month period
31 commencing on the date of purchase. Purchases of commodities, services
32 or technology shall not be artificially divided for the purpose of
33 satisfying the discretionary buying thresholds established by this
34 subdivision. A change to or a renewal of a discretionary purchase shall
35 not be permitted if the change or renewal would bring the reasonably
36 expected aggregate amount of all purchases of the same commodities,
37 services or technology from the same provider within the twelve-month
38 period commencing on the date of the first purchase to an amount greater
39 than the discretionary buying threshold amount. For purposes of this
40 section, "sealed bids" and "sealed offers", as that term applies to
41 purchase contracts, (including contracts for service work, but excluding
42 any purchase contracts necessary for the completion of a public works
43 contract pursuant to article eight of the labor law) shall include bids
44 and offers submitted in an electronic format including submission of the
45 statement of non-collusion required by section one hundred three-d of
46 this article, provided that the governing board of the political subdi-
47 vision or district, by resolution, has authorized the receipt of bids
48 and offers in such format. Submission in electronic format may, for
49 technology contracts only, be required as the sole method for the
50 submission of bids and offers. Provided however, the appropriate offi-
51 cer, board or agency of a city with a population of one million inhabit-
52 ants or more, or any district, board or agency with jurisdiction exclu-
53 sively within such city, may authorize or require bids and offers for
54 any contract to be submitted in an electronic format. Bids and offers
55 submitted in an electronic format shall be transmitted by bidders and
56 offerers to the receiving device designated by the political subdivision
A. 8091 3
1 or district. Any method used to receive electronic bids and offers
2 shall comply with article three of the state technology law, and any
3 rules and regulations promulgated and guidelines developed thereunder
4 and, at a minimum, must [(a)] (I) document the time and date of receipt
5 of each bid and offer received electronically; [(b)] (II) authenticate
6 the identity of the sender; [(c)] (III) ensure the security of the
7 information transmitted; and [(d)] (IV) ensure the confidentiality of
8 the bid or offer until the time and date established for the opening of
9 bids or offers. The timely submission of an electronic bid or offer in
10 compliance with instructions provided for such submission in the adver-
11 tisement for bids or offers and/or the specifications shall be the
12 responsibility solely of each bidder or offerer or prospective bidder or
13 offerer. No political subdivision or district therein shall incur any
14 liability from delays of or interruptions in the receiving device desig-
15 nated for the submission and receipt of electronic bids and offers.
16 (B) (I) ALL SUPPLIER DATA, INCLUDING SUPPLIER DATA FROM SUBCONTRAC-
17 TORS, SHALL BE SUBMITTED TO THE ENTITY ISSUING THE REQUEST FOR PROPOSALS
18 AT THE TIME OF BID, TO THE BEST OF THE BIDDER'S ABILITY, AND UPDATED BY
19 THE WINNING BIDDER AT THE POINT OF CONTRACT EXECUTION. SUCH DATA SHALL
20 ALSO BE UPDATED ANNUALLY BY THE WINNING BIDDER AND UPON ANY CHANGES TO
21 SUPPLIER INFORMATION RELATED TO THE CONTRACT. SUCH DATA REQUIRED PURSU-
22 ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME AND FACILITY ADDRESS OF
23 EACH SUPPLIER, DISTRIBUTOR, PROCESSOR, AND PRODUCER INVOLVED IN THE
24 PROVISION OF THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
25 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS' FOOD
26 PURCHASE CONTRACTS AND BID PROPOSALS.
27 (C) FOR THE PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
28 STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
29 (I) LOCAL ECONOMIES. NEW YORK STATE OR REGIONAL SUPPLIERS THAT ARE
30 SOURCING FOOD PRODUCTS IN WHICH FIFTY-ONE PERCENT OR MORE OF THE RAW
31 AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED, PROCESSED AND MANU-
32 FACTURED WITH WITHIN THE STATE OR REGION (WITHIN ONE HUNDRED MILES FOR
33 PRODUCE AND TWO HUNDRED MILES FOR ANIMAL PRODUCTS); AND
34 (II) ENVIRONMENTAL SUSTAINABILITY. PRODUCERS THAT ADOPT ONE OR MORE
35 PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH AND INCREASED CARBON
36 SEQUESTRATION AND STORAGE, AND THAT ACHIEVE NET SHORT-TERM AND LONG-TERM
37 GREENHOUSE GAS BENEFITS. SUCH PRACTICES SHALL:
38 (A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
39 FERTILIZERS THROUGH THE USE OF PRECISION AGRICULTURE, INTEGRATED PEST
40 MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
41 (B) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
42 SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED AS
43 USE WHERE IT CAN BE SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
44 PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
45 (C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
46 TICES, INCLUDING BUT NOT LIMITED TO PLANTING COVER CROPS, ADOPTING
47 NO-TILL AND REDUCED TILLAGE, INCREASING CROP ROTATIONS AND INTERCROP-
48 PING, AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
49 ENCE OF SOILS;
50 (D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
51 (E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND DETERIORATION
52 OF LOCAL AIR QUALITY;
53 (F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
54 USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
55 AGRICULTURAL WASTE, AND MANURE MANAGEMENT; OR
A. 8091 4
1 (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
2 HOUSE GAS EMISSIONS; OR
3 (III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
4 DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
5 TAGED FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY DISADVAN-
6 TAGED" SHALL MEAN INDIVIDUALS WHO HAVE BEEN SUBJECT TO DISCRIMINATION BY
7 VIRTUE OF THEIR MEMBERSHIP OF A PARTICULAR GROUP WHICH MAY INCLUDE, BUT
8 IS NOT LIMITED TO, BLACK OR AFRICAN AMERICAN, AMERICAN INDIAN OR ALASKA
9 NATIVE, HISPANIC OR LATINO, AND ASIAN OR PACIFIC ISLANDER; OR
10 (IV) VALUED WORKFORCE. SUPPLIERS WHO RESPECT AND PROTECT WORKERS'
11 RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
12 IATE WITH WORKER CENTERS AND ALTERNATIVE FORMS OF WORKER REPRESENTATION
13 AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION AND INTERFERENCE; AS
14 EVIDENCED BY AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A BONA
15 FIDE LABOR UNION; HAVING WORKER-LED WORKPLACE HEALTH AND SAFETY COMMIT-
16 TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
17 (V) VALUED AGRICULTURAL SECTOR. SUPPLIERS WHO PAY FARMERS A FAIR
18 PRICE, USING UNITED STATES DEPARTMENT OF AGRICULTURE PRICING STANDARDS,
19 FOR THE PRODUCTS THEY SUPPLY THAT COVERS THEIR ACTUAL COST OF
20 PRODUCTION; AND TO SUPPLIERS WHO PAY FAIR REMUNERATION TO FARMERS FOR
21 THEIR MANAGEMENT AND LABOR; OR
22 (VI) ANIMAL WELFARE. PRODUCERS WHO PROVIDE MORE HUMANE CARE FOR FARMED
23 ANIMALS BY PROVIDING ENOUGH SPACE AND ENVIRONMENTAL ENRICHMENTS TO ALLOW
24 ANIMALS TO CARRY OUT THEIR NATURAL BEHAVIORS, USING PAIN CONTROL AS
25 NEEDED WHEN CARRYING OUT PHYSICAL ALTERATIONS, UTILIZING RESPONSIBLE,
26 THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
27 AS DEMONSTRATED BY ENROLLMENT IN AN INDEPENDENT ANIMAL WELFARE CERTIF-
28 ICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING A
29 PRODUCER'S COMPLIANCE WITH ONE HUNDRED PERCENT OF THE PROGRAM'S WELFARE
30 STANDARDS; OR
31 (VII) NUTRITION. FOODS THAT PROMOTE HEALTH AND WELL BEING, COMPRISED
32 OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
33 BLES, ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
34 BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS, ARTIFI-
35 CIAL ADDITIVES, AND SATURATED, HYDROGENATED, AND TRANS FATS.
36 § 2. Subdivision 1 of section 103 of the general municipal law, as
37 amended by section 2 of chapter 2 of the laws of 2012, is amended to
38 read as follows:
39 1. (A) Except as otherwise expressly provided by an act of the legis-
40 lature or by a local law adopted prior to September first, nineteen
41 hundred fifty-three, all contracts for public work involving an expendi-
42 ture of more than thirty-five thousand dollars and all purchase
43 contracts involving an expenditure of more than twenty thousand dollars,
44 shall be awarded by the appropriate officer, board or agency of a poli-
45 tical subdivision or of any district therein including but not limited
46 to a soil conservation district to the lowest responsible bidder
47 furnishing the required security after advertisement for sealed bids in
48 the manner provided by this section[,]; provided, however, that purchase
49 contracts (including contracts for service work, but excluding any
50 purchase contracts necessary for the completion of a public works
51 contract pursuant to article eight of the labor law) may be awarded on
52 the basis of best value, as defined in section one hundred sixty-three
53 of the state finance law, to a responsive and responsible bidder or
54 offerer in the manner provided by this section except that in a poli-
55 tical subdivision other than a city with a population of one million
56 inhabitants or more or any district, board or agency with jurisdiction
A. 8091 5
1 exclusively therein the use of best value of awarding a purchase
2 contract or purchase contracts must be authorized by local law or, in
3 the case of a district corporation, school district or board of cooper-
4 ative educational services, by rule, regulation or resolution adopted at
5 a public meeting; AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
6 (INCLUDING CONTRACTS FOR SERVICE WORK, BUT EXCLUDING ANY PURCHASE
7 CONTRACT NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
8 ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
9 QUALIFIED BIDDER WHO COMPLIES WITH ONE OR MORE OF THE VALUES BASED
10 PROCUREMENT STANDARDS PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION AND
11 MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED, HOWEVER, THAT THE
12 COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER THAN THE
13 COST INCLUDED IN A BID BY THE LOWEST RESPONSIBLE BIDDER. PROVIDED
14 FURTHER THAT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, ALL BIDDERS
15 SHALL PROVIDE RELEVANT SUPPLY CHAIN DATA IN ITS BID TO THE APPROPRIATE
16 OFFICER, BOARD OR AGENCY. THE APPROPRIATE OFFICER, BOARD OR AGENCY SHALL
17 MAKE SUCH DATA PUBLICLY AVAILABLE ON THE ENTITIES' RESPECTIVE WEBSITES,
18 EXCEPTING DATA NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE
19 PUBLIC OFFICERS LAW. In determining whether a purchase is an expendi-
20 ture within the discretionary threshold amounts established by this
21 subdivision, the officer, board or agency of a political subdivision or
22 of any district therein shall consider the reasonably expected aggregate
23 amount of all purchases of the same commodities, services or technology
24 to be made within the twelve-month period commencing on the date of
25 purchase. Purchases of commodities, services or technology shall not be
26 artificially divided for the purpose of satisfying the discretionary
27 buying thresholds established by this subdivision. A change to or a
28 renewal of a discretionary purchase shall not be permitted if the change
29 or renewal would bring the reasonably expected aggregate amount of all
30 purchases of the same commodities, services or technology from the same
31 provider within the twelve-month period commencing on the date of the
32 first purchase to an amount greater than the discretionary buying thres-
33 hold amount. In any case where a responsible bidder's or responsible
34 offerer's gross price is reducible by an allowance for the value of used
35 machinery, equipment, apparatus or tools to be traded in by a political
36 subdivision, the gross price shall be reduced by the amount of such
37 allowance, for the purpose of determining the low bid or best value. In
38 cases where two or more responsible bidders furnishing the required
39 security submit identical bids as to price, such officer, board or agen-
40 cy may award the contract to any of such bidders. Such officer, board or
41 agency may, in [his, her or its] THEIR discretion, reject all bids or
42 offers and readvertise for new bids or offers in the manner provided by
43 this section.
44 (B) (I) ALL SUPPLIER DATA, INCLUDING SUPPLIER DATA FROM SUBCONTRAC-
45 TORS, SHALL BE SUBMITTED TO THE ENTITY ISSUING THE REQUEST FOR PROPOSALS
46 AT THE TIME OF BID, TO THE BEST OF THE BIDDER'S ABILITY, AND UPDATED BY
47 THE WINNING BIDDER AT THE POINT OF CONTRACT EXECUTION. SUCH DATA SHALL
48 ALSO BE UPDATED ANNUALLY BY THE WINNING BIDDER AND UPON ANY CHANGES TO
49 SUPPLIER INFORMATION RELATED TO THE CONTRACT. SUCH DATA REQUIRED PURSU-
50 ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME AND FACILITY ADDRESS OF
51 EACH SUPPLIER, DISTRIBUTOR, PROCESSOR, AND PRODUCER INVOLVED IN THE
52 PROVISION OF THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
53 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS' FOOD
54 PURCHASE CONTRACTS AND BID PROPOSALS.
55 (C) FOR THE PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
56 STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
A. 8091 6
1 (I) LOCAL ECONOMIES. NEW YORK STATE OR REGIONAL SUPPLIERS THAT ARE
2 SOURCING FOOD PRODUCTS IN WHICH FIFTY-ONE PERCENT OR MORE OF THE RAW
3 AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED, PROCESSED AND MANU-
4 FACTURED WITH WITHIN THE STATE OR REGION (WITHIN ONE HUNDRED MILES FOR
5 PRODUCE AND TWO HUNDRED MILES FOR ANIMAL PRODUCTS); AND
6 (II) ENVIRONMENTAL SUSTAINABILITY. PRODUCERS THAT ADOPT ONE OR MORE
7 PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH AND INCREASED CARBON
8 SEQUESTRATION AND STORAGE, AND THAT ACHIEVE NET SHORT-TERM AND LONG-TERM
9 GREENHOUSE GAS BENEFITS. SUCH PRACTICES SHALL:
10 (A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
11 FERTILIZERS THROUGH THE USE OF PRECISION AGRICULTURE, INTEGRATED PEST
12 MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
13 (B) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
14 SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED AS
15 USE WHERE IT CAN BE SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
16 PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
17 (C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
18 TICES, INCLUDING BUT NOT LIMITED TO PLANTING COVER CROPS, ADOPTING
19 NO-TILL AND REDUCED TILLAGE, INCREASING CROP ROTATIONS AND INTERCROP-
20 PING, AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
21 ENCE OF SOILS;
22 (D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
23 (E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND DETERIORATION
24 OF LOCAL AIR QUALITY;
25 (F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
26 USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
27 AGRICULTURAL WASTE, AND MANURE MANAGEMENT; OR
28 (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
29 HOUSE GAS EMISSIONS; OR
30 (III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
31 DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
32 TAGED FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY DISADVAN-
33 TAGED" SHALL MEAN INDIVIDUALS WHO HAVE BEEN SUBJECT TO DISCRIMINATION BY
34 VIRTUE OF THEIR MEMBERSHIP OF A PARTICULAR GROUP WHICH MAY INCLUDE, BUT
35 IS NOT LIMITED TO, BLACK OR AFRICAN AMERICAN, AMERICAN INDIAN OR ALASKA
36 NATIVE, HISPANIC OR LATINO, AND ASIAN OR PACIFIC ISLANDER; OR
37 (IV) VALUED WORKFORCE. SUPPLIERS WHO RESPECT AND PROTECT WORKERS'
38 RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
39 IATE WITH WORKER CENTERS AND ALTERNATIVE FORMS OF WORKER REPRESENTATION
40 AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION AND INTERFERENCE; AS
41 EVIDENCED BY AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A BONA
42 FIDE LABOR UNION; HAVING WORKER-LED WORKPLACE HEALTH AND SAFETY COMMIT-
43 TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
44 (V) VALUED AGRICULTURAL SECTOR. SUPPLIERS WHO PAY FARMERS A FAIR
45 PRICE, USING UNITED STATES DEPARTMENT OF AGRICULTURE PRICING STANDARDS,
46 FOR THE PRODUCTS THEY SUPPLY THAT COVERS THEIR ACTUAL COST OF
47 PRODUCTION; AND TO SUPPLIERS WHO PAY FAIR REMUNERATION TO FARMERS FOR
48 THEIR MANAGEMENT AND LABOR; OR
49 (VI) ANIMAL WELFARE. PRODUCERS WHO PROVIDE MORE HUMANE CARE FOR FARMED
50 ANIMALS BY PROVIDING ENOUGH SPACE AND ENVIRONMENTAL ENRICHMENTS TO ALLOW
51 ANIMALS TO CARRY OUT THEIR NATURAL BEHAVIORS, USING PAIN CONTROL AS
52 NEEDED WHEN CARRYING OUT PHYSICAL ALTERATIONS, UTILIZING RESPONSIBLE,
53 THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
54 AS DEMONSTRATED BY ENROLLMENT IN AN INDEPENDENT ANIMAL WELFARE CERTIF-
55 ICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING A
A. 8091 7
1 PRODUCER'S COMPLIANCE WITH ONE HUNDRED PERCENT OF THE PROGRAM'S WELFARE
2 STANDARDS; OR
3 (VII) NUTRITION. FOODS THAT PROMOTE HEALTH AND WELL BEING, COMPRISED
4 OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
5 BLES, ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
6 BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS, ARTIFI-
7 CIAL ADDITIVES, AND SATURATED, HYDROGENATED, AND TRANS FATS.
8 § 3. This act shall take effect immediately; provided, however that
9 the amendments to subdivision 1 of section 103 of the general municipal
10 law made by section one of this act shall be subject to the expiration
11 and reversion of such subdivision pursuant to subdivision (a) of section
12 41 of part X of chapter 62 of the laws of 2003, when upon such date the
13 provisions of section two of this act shall take effect.