HB2338 H ANR AM #1

Drake 3253

Delegate Pack moved to amend the bill by striking out everything after the enacting clause and replacing it with the following:

ARTICLE 37. WEST VIRGINIA FRESH FOOD ACT.

§19-37-2. State-funded institutions to purchase food from in-state sources; exception.

(a) Beginning July 1, 2019, all state-funded institutions, such as schools, colleges, correctional facilities, governmental agencies and state parks, shall purchase obtain a minimum of five percent of its food from in-state producers.

(b) To satisfy this requirement, state-funded institutions may purchase fresh produce, meat and poultry products, milk and other dairy products, and other foods grown, produced, or processed from by in-state producers.

(c) The commissioner shall establish by legislative rules the criteria for a food or food product to satisfy the requirements of this section, and may further identify food and food products that are eligible to be considered for in-state food credit.

(d) The commissioner shall further establish the criteria for determining when exceptions or exemptions should be granted to state institutions, including but not limited to situations in which the desired food, such as : Provided, That such produce, meat and poultry products, milk and other dairy products, can cannot be grown or is not available from in-state producers.

(e) The Purchasing Division shall ensure that all contracts for the purchase of food, or that include the purchase of food as a component of the contract, contain provisions ensuring that they are compliant with the provisions of this article.

Adopted