Comptroller’s report highlighted need for clarification.

Agriculture Chairs Assemblymember Donna Lupardo and Senator Michelle Hinchey announced that their bill expanding the definition of surplus dairy products under the Nourish New York program (A9259/S8690) was signed into law by the Governor.

A September 2023 report by Comptroller DiNapoli revealed that the NYS Department of Health applied Hunger Prevention and Nutrition Assistance Program (HPNAP) procurement standards to Nourish NY, leading to the exclusion of whole or 2% fat milk. As a result, some New York dairy farms were unable to participate in the program. 

Nourish NY allows New York’s emergency food providers to purchase surplus products from New York farmers and dairy producers. It was never the intent of the program to restrict the types of products that dairy farmers could make available. 

HPNAP uses different standards than other anti-hunger or nutrition programs. For example, the Federal Women Infant and Children (WIC) supplemental nutrition program includes the purchase of whole or 2% fat milk. The signed legislation will provide additional access to this nutritious form of milk, while providing additional markets to our state’s dairy farmers.

Assemblymember Donna Lupardo, Chair, Assembly Agriculture Committee, said, “This will be welcome news to dairy farmers and food banks across the state. By amending the Nourish New York program to include whole or 2% fat milk, the legislation expands access to nutritious and locally sourced dairy products while providing additional markets to NY’s dairy farmers. I’d like to thank Governor Hochul, Senator Hinchey, and all who supported this change.”

Senator Michelle Hinchey, Chair, Senate Agriculture Committee, said, “New York’s dairy farmers play an essential role in feeding our communities, and it’s critical that we remove unnecessary barriers to getting their nutritious products to those who need them most. I’m proud to see our bill signed into law, adding whole and 2% milk to the list of products available through Nourish New York, the state’s farm-to-food bank program helping combat hunger in communities across the state. I thank Assemblymember Donna Lupardo for championing this bill with me and Governor Hochul for signing it into law.”

–The Office of Assemblymember Donna Lupardo, Chair, Assembly Agriculture Committee.

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