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PA Bulletin, Doc. No. 23-1

THE GOVERNOR

Title 4—ADMINISTRATION

[53 Pa.B. 7]
[Saturday, January 7, 2023]

PART I. GOVERNOR'S OFFICE

[4 PA. CODE CH. 6 AND 7a]

[EXECUTIVE ORDER NO. 2022-05]

Pennsylvania Food Policy Council

December 15, 2022

Whereas, the Wolf administration has prioritized improving Pennsylvania's food system and has done so through various means, including establishing the Governor's Food Security Partnership, funding the expansion of cold storage in food banks, creating the Fresh Food Financing Initiative and Pennsylvania Hunger-Free Campus Initiative, increasing access and expanded eligibility for food assistance programs, utilizing the Pennsylvania Agriculture Surplus System, and proposing and implementing the first state-level Pennsylvania Farm Bill; and

Whereas, food insecurity, hunger, inadequate nutrition, and food waste remain serious problems in the Commonwealth of Pennsylvania, with too many of our citizens unable to access affordable, fresh, nutritious, and culturally diverse food for themselves or their families; and

Whereas, proper nutrition plays a significant role in reducing infant mortality and health problems associated with aging, and in improving the ability of children to learn in school and the job readiness of workers; and

Whereas, there are significant economic and workforce development benefits to the Commonwealth and its residents from expanding the use of Pennsylvania agricultural products in public and private food and nutrition delivery systems; and

Whereas, the United States Department of Agriculture's Economic Research Service found that 10.2 percent of Pennsylvania households were food insecure in 2021; and

Whereas, the Pennsylvania Department of Environmental Protection estimates that more than 2.7 million tons of food waste are produced in Pennsylvania annually; and

Whereas, the food system must be sustainable and resilient in the face of shocks and stresses from climate change, historic inequities, international conflicts, supply chain interruptions, and other disruptions; and

Whereas, through resources available to the public sector in conjunction with novel efforts in the private sector, Pennsylvania seeks to ensure better access to food, improved nutrition, and reduced food waste in the Commonwealth of Pennsylvania.

Now, Therefore, I, Tom Wolf, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby establish the Pennsylvania Food Policy Council and do hereby direct the following:

Governor

Fiscal Note: GOV-2022-05. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART I. GOVERNOR'S OFFICE

CHAPTER 6. ADDITIONAL COUNCILS AND COMMITTEES

Subchapter PPP. PENNSYLVANIA FOOD POLICY COUNCIL

Sec.

6.801.Purpose of the Pennsylvania Food Policy Council.
6.802.Composition of the Pennsylvania Food Policy Council.
6.803.Duties and responsibilities.
6.804.Director of the Pennsylvania Food Policy Council.
6.805.Pennsylvania Food Policy Council Advisory Committee.
6.806.Compensation.
6.807.Effective date.
6.808.Termination date.
6.809.Recission.

§ 6.801. Purpose of the Pennsylvania Food Policy Council.

 The Pennsylvania Food Policy Council is established to:

 (1) Evaluate issues facing Pennsylvania's food system including, but not limited to, developing and implementing strategies to improve food security and nutrition, and reduce food waste.

 (2) Facilitate coordination of interagency efforts designated to reduce hunger and improve nutrition for residents of this Commonwealth over their entire lifespan.

 (3) Facilitate the organization of private and public sector efforts to improve the Commonwealth's response to challenges in the food system and support food sovereignty.

§ 6.802. Composition of the Pennsylvania Food Policy Council.

 The Pennsylvania Food Policy Council (Council) shall consist of nine members as follows:

 (1) The Director of the Council.

 (2) The Secretary of Aging or the Secretary's designee.

 (3) The Secretary of Agriculture or the Secretary's designee.

 (4) The Secretary of Community and Economic Development or the Secretary's designee.

 (5) The Secretary of Education or the Secretary's designee.

 (6) The Secretary of Environmental Protection or the Secretary's designee.

 (7) The Secretary of Health or the Secretary's designee.

 (8) The Secretary of Human Services or the Secretary's designee.

 (9) The Secretary of Labor and Industry or the Secretary's designee.

§ 6.803. Duties and responsibilities.

 The Pennsylvania Food Policy Council (Council) shall have the following duties and responsibilities:

 (1) Make recommendations to promote coordination, communication, and joint planning between agency programs and external partners in the private sector to improve Pennsylvania's food system.

 (2) Develop recommendations on ways entities may work cooperatively to reach those who are at the highest risk of hunger, and to expand food and nutrition delivery systems to improve access to food and nutrition services for those in need.

 (3) Identify gaps in food and nutrition delivery systems through statistical and program analyses, surveys, studies and public hearings and make recommendations on strategies to fill those gaps.

 (4) Develop recommendations to reduce food waste across this Commonwealth.

 (5) Develop and implement strategies to expand the use of this Commonwealth's agricultural products in public and private food and nutrition delivery systems.

 (6) Identify grants and other opportunities to further address the challenges and opportunities of the Commonwealth's food system.

 (7) Develop a Food Action Plan for this Commonwealth and update the plan on a biennial basis. The Food Action Plan must include a strategic plan for implementing policies with benchmarks and criteria for measuring progress.

 (8) Submit an annual report in January 2024, and every year thereafter, with accomplishments, recommendations and findings to the Governor. The Council may submit other reports to the Governor, as it deems necessary, on the identified areas of responsibility of the Council under this subchapter.

 (9) Convene at least quarterly and at the call of the Director of the Council. Council members may attend meetings in-person or virtually, or through a combination thereof, at the discretion of the Director. In-person or virtual participation shall be considered attendance for purposes of constituting a quorum.

§ 6.804. Director of the Pennsylvania Food Policy Council.

 The Governor shall appoint a Director of the Pennsylvania Food Policy Council (Director), who shall serve as the Chair of the Pennsylvania Food Policy Council and will be an employee of the Department of Agriculture. The Director shall:

 (1) Prepare agendas, timelines and meeting schedules; convene meetings; and oversee the activities of the Pennsylvania Food Policy Council (Council).

 (2) Facilitate interdepartmental cooperation on food access, nutrition and food waste.

 (3) Identify shocks and stresses that jeopardize Pennsylvania's food system and opportunities to strengthen the food system.

 (4) Review and evaluate the operations and policies of all Federal and State food security programs administered by the Commonwealth.

 (5) Assist the Council in coordinating private and public sector collaboration opportunities.

§ 6.805. Pennsylvania Food Policy Council Advisory Committee.

 The Director of the Pennsylvania Food Policy Council may establish an advisory committee to assist the Pennsylvania Food Policy Council (Council), as appropriate. The Pennsylvania Food Policy Council Advisory Committee (Advisory Committee) shall be chaired by a member of the Council. The Chair of the Pennsylvania Food Policy Council shall be appointed by the Governor and serve at the Governor's pleasure. The Advisory Committee shall consist of 16 members appointed by the Governor. Members of the Advisory Committee serve at the pleasure of the Governor. Whenever possible, members shall be selected to ensure geographic representation and to build a diverse membership that represents this Commonwealth. The Advisory Committee shall include representatives from:

 (1) Three regional food policy councils.

 (2) One food retailer or manufacturer.

 (3) One urban agriculture organization.

 (4) One Statewide farmer organization.

 (5) One food security organization.

 (6) Two Statewide charitable food organizations.

 (7) One food waste organization.

 (8) One health or nutrition organization.

 (9) One Pennsylvania Agricultural Surplus System farmer.

 (10) One school nutrition expert.

 (11) One expert on immigration topics.

 (12) One representative of the United States Department of Agriculture's Food and Nutrition Service.

 (13) One representative from Penn State Extension.

§ 6.806. Compensation.

 Members of the Pennsylvania Food Policy Council Advisory Committee shall serve without compensation. See Chapter 40 (relating to travel and subsistence).

§ 6.807. Effective date.

 This subchapter shall take effect immediately.

§ 6.808. Termination date.

 This subchapter shall remain in effect until revised or rescinded by the Governor.

§ 6.809. Rescission.

 Effective immediately, Executive Order 2015-12, dated September 29, 2015, is hereby rescinded.

CHAPTER 7a. ADDITIONAL MISCELLANEOUS PROVISIONS

Subchapter L. GOVERNOR'S FOOD SECURITY PARTNERSHIP
AND ADVISOR TO THE GOVERNOR ON FOOD AND
NUTRITION PROGRAMS

§§ 7a.131—7a.137. [Reserved].

 (Editor's Note: Subchapter L, §§ 7a.131—7a.137, which is the codification of Executive Order 2015-12, is reserved as a result of the recission of Executive Order 2015-12 under § 6.809.)

[Pa.B. Doc. No. 23-1. Filed for public inspection January 6, 2023, 9:00 a.m.]



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