8 CRR-NY 114.3NY-CRR
8 CRR-NY 114.3
8 CRR-NY 114.3
114.3 Bidding exemption for direct purchasing.
(a) For use in its school food service program, a board of education may purchase eggs, livestock, fish, species of fresh fruits and vegetables, juices, grains and dairy products, excluding milk, directly from producers or growers, or from associations of producers or growers, exempt from the bidding provisions of subdivisions 1 through 8 of section 103 of the General Municipal Law. All such purchases shall be subject to the provisions of this section.
(b) Definitions.
For the purposes of this section:
(1) Producer shall mean the owner of the hens from whom eggs are gathered, the person who owns and raises the livestock, the person who harvest the fish, the person who processes the dairy products, excluding milk, from animals he or she owns and the person who processes juice from fruit he or she owns.
(2) Grower shall mean the planter, cultivator and harvester of the crops to be sold.
(3) Quality shall be determined by the same market standards of the New York State Department of Agriculture and Markets as apply to products sold at the wholesale markets throughout New York State.
(4) Directly shall mean without an intermediary between the producer and/or grower and the board of education.
(5) Association of producers or growers shall mean an association or other unincorporated organized group comprised of 10 or fewer producers or growers who own and operate their farms and who have combined to sell products to a board of education in accordance with this section.
(c) Vendor limitation.
Exempt purchases by a school district from any single producer and/or grower, and/or association of growers or producers are limited to an annual maximum of $50,000.
(d) Prices paid.
It shall be the responsibility of the board of education to ensure that the prices paid for items purchased pursuant to this exemption do not exceed the wholesale prices in effect on the date of purchase. Such wholesale prices shall be ascertained by the school district, prior to the finalization of the actual purchase agreement, either by telephone solicitation from local wholesalers or by referring to the most current issue of the Fruit and Vegetable Market News published by the Division of Market Services, New York State Department of Agriculture and Markets. Records of such price determination shall be kept on file for audit for at least six years.
(e) Public notice.
The board of education shall give public notice of its intent to purchase eggs, fruits, vegetables, livestock, fish, juices, grains and dairy products, excluding milk, without competitive bidding. Such notice shall be given in a manner which will provide all producers and growers and associations of producers and growers who desire to sell to a school district, pursuant to subdivision 9 of section 103 of the General Municipal Law and this section, an equal opportunity to do so. As a minimum, all producers and/or growers, whose products are grown or produced upon land taxed by the school district, shall receive such notice of intent to purchase issued by such school district. Records of such compliance with this subdivision shall be kept on file for audit for at least six years.
(f) Equal opportunity for producers and growers.
When more than one eligible producer and/or grower proposes to sell at the same price similar products of equivalent quality, and the total value of these products to be purchased exceeds $1,000, the board of education shall divide its purchase equally among all such producers and/or growers. For purposes of this subdivision, each association of producers or growers shall be considered a single eligible producer or grower.
8 CRR-NY 114.3
Current through August 15, 2021
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