On Tuesday, December 18th Mayor Bloomberg and New York City Council Speaker Christine Quinn proposed legislation that would improve access to fresh produce in the city’s underserved communities.  The program would enable 1,500 new street vendors to be phased into underserved neighborhoods in the five boroughs over two years. According to the legislation these “Green Carts” would sell unprocessed, unfrozen, raw fruits and vegetables. Any produce that is cut, sliced, diced, peeled, or otherwise processed, may be sold if it is commercially wrapped in pre-sealed packages.  

The underserved neighborhoods were determined by the fruit and vegetable consumption habits relative to residents in other areas of New York City. The 1,500 permits would be allocated based on that information. Therefore, if the legislation passes Bronx and Brooklyn will each get 500 permits; Queens will receive 250 permits; Manhattan will receive 200 and State Island will receive 50 permits.  Permits will be issued by the NYC Department of Consumer Affairs for a fee of $75 and would be good for two years.

It is no longer a secret that obesity and diabetes are problems that are swallowing up New Yorkers at a fearful rate especially in low-income communities where supermarkets are scarce.  In a recent New York Health Department survey, it was reported that 90% of New Yorkers said they ate less than the recommended 5 servings of fruits and vegetables per day and 14% said that on many days they ate no fruits or vegetables at all.  New York City Department of Health experts have estimated that 100,000 more New Yorkers would eat fresh fruits and vegetables with this proposal.

If the legislation passes, the next step should be to work with upstate farmers to provide these Green Carts with local, nutritious New York State produce.

On Thursday, January 31, 2008 The Committee on Consumer Affairs of The New York City Council held a hearing on Intro 665-A also known as the Green Cart legislation.  Both Dr. Thomas Frieden, Commissioner of New York City’s Department of Health & Mental Hygiene and Ben Thomases, Food Policy Coordinator from The Office of the Mayor, responded to three hours of questions from Council Members.

There is overwhelming support from food policy, health and nutrition experts for the granting of 1,500 permits for vendors that will sell unprocessed fruits and vegetables in specified areas of low-income neighborhoods. On the other side of the issue, The Committee on Consumer Affairs mentioned the possible “chicken and egg” syndrome of needing to first educate the public on the importance of eating fresh fruits and vegetables before making it available on a vending basis. Additionally, the entrepreneurial approach of letting vendors choose where they will position their carts could lead to their set up in front of existing, tax-paying supermarkets and other food stores. 

Overall, the issuance of additional vendor permits for New York City to sell any sort of merchandise seemed to be at the heart of the committee’s concerns.  Council Member Charles Barron (D-Brooklyn) was probably the most direct and honest of all when he underscored the obvious: in an election year when many Council Members are term-limited and running for other city-wide offices, irritating business owners in their districts may not be the best way to get elected to a higher office. 

There are three possible outcomes for this legislation: 1) a modification of the bill that in some way accommodates the concerns regarding additional vendor permits and unfair competition; 2) a pilot program is initiated; or ) in an election period the bill just quietly disappears.

EDITOR'S NOTE: On February 27, 2008 this bill passed with some modification!  1,000 permits will be available instead of 1,500 and the Health Department must publish a study 15 months after the law goes into effect which examines the program's effectiveness, and whether amendments are necessary and/or if the program should be expanded.  Perhaps most importantly, in order to satisfy the concerns of small businesses and supermarkets, if green carts are vending in areas not authorized by the legislation or selling something other than fruits and vegetables, the City can refuse to issue, refuse to renew, suspend, or revoke permits, and in some cases can even seize vendors’ carts.

EDITOR'S NOTE 2: The Laurie M. Tisch Illumination Fund will provide a grant for $1.5 million through the Mayor's Fund to Advance New York City that will help green cart operators get up and running.  The grant will be used to support cart operators over the next two years as follows:

• To develop a branded and functional cart design to help customers recognize green carts;
• To establish a relationship with non-profit wholesalers in order to create a dedicated supply of high-quality and low-cost produce;
• To create a loan fund in partnership with Acción New York to help cart operators cover their start-up costs; and
• To launch a coordinated marketing campaign to promote Green Carts.

Click on the links below to stay informed about Intro 665-A and to voice your support:

New York City Council Legislation

Legislation History

New York City Department of Health & Mental Hygiene

Support Green Cart Legislation