S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N S E N A T E
November 18, 2009
Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the agriculture and markets law, in relation to food
donation by public food service establishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
restaurant lending a helping hand act".
S 2. Section 71-z of the agriculture and markets law, as added by
chapter 869 of the laws of 1980, subdivision 1 as amended by chapter 182
of the laws of 1993 and subdivision 3 as added by chapter 286 of the
laws of 1984, is amended to read as follows:
S 71-z. Liability for canned, perishable food or farm products
distributed free of charge. 1. AS USED IN THIS SECTION, "PERISHABLE
FOOD" SHALL MEAN ANY FOOD THAT MAY SPOIL OR OTHERWISE BECOME UNFIT FOR
HUMAN CONSUMPTION BECAUSE OF ITS NATURE, TYPE OR PHYSICAL CONDITION.
"PERISHABLE FOOD" INCLUDES, BUT IS NOT LIMITED TO, FRESH OR PROCESSED
MEATS, POULTRY, SEAFOOD, DAIRY PRODUCTS, BAKERY PRODUCTS, EGGS IN THE
SHELL, FRESH FRUITS OR VEGETABLES, AND FOODS THAT HAVE BEEN NON-COMMER-
CIALLY PACKAGED, THAT HAVE BEEN FROZEN OR OTHERWISE REQUIRE REFRIGER-
ATION TO REMAIN NON-PERISHABLE FOR A REASONABLE LENGTH OF TIME, OR THAT
HAVE BEEN PREPARED AT A LICENSED PUBLIC FOOD SERVICE ESTABLISHMENT.
2. AS USED IN THIS SECTION, "PUBLIC FOOD SERVICE ESTABLISHMENT" SHALL
MEAN ANY BUILDING, VEHICLE, PLACE, OR STRUCTURE, OR ANY ROOM OR DIVISION
IN A BUILDING, VEHICLE, PLACE, OR STRUCTURE WHERE FOOD IS PREPARED,
SERVED, OR SOLD FOR IMMEDIATE CONSUMPTION ON OR IN THE VICINITY OF THE
PREMISES; CALLED FOR OR TAKEN OUT BY CUSTOMERS; OR PREPARED PRIOR TO
BEING DELIVERED TO ANOTHER LOCATION FOR CONSUMPTION.
THE FOLLOWING PLACES SHALL NOT BE CONSIDERED PUBLIC FOOD SERVICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6303 2
(A) ANY PLACE MAINTAINED AND OPERATED BY A PUBLIC OR PRIVATE SCHOOL,
COLLEGE, OR UNIVERSITY FOR THE USE OF STUDENTS AND FACULTY OR TEMPORAR-
ILY TO SERVE SUCH EVENTS AS FAIRS, CARNIVALS, AND ATHLETIC CONTESTS;
(B) ANY EATING PLACE MAINTAINED AND OPERATED BY A CHURCH OR A RELI-
GIOUS, NONPROFIT FRATERNAL, OR NONPROFIT CIVIC ORGANIZATION FOR THE USE
OF MEMBERS AND ASSOCIATES OR TEMPORARILY TO SERVE SUCH EVENTS AS FAIRS,
CARNIVALS, OR ATHLETIC CONTESTS;
(C) ANY EATING PLACE LOCATED ON AN AIRPLANE, TRAIN, BUS, OR WATERCRAFT
WHICH IS A COMMON CARRIER;
(D) ANY EATING PLACE MAINTAINED BY A HOSPITAL, NURSING HOME, SANITARI-
UM, ASSISTED LIVING FACILITY, ADULT DAY CARE CENTER, OR OTHER SIMILAR
(E) ANY PLACE OF BUSINESS ISSUED A PERMIT OR INSPECTED BY THE DEPART-
(F) ANY PLACE OF BUSINESS WHERE THE FOOD AVAILABLE FOR CONSUMPTION IS
LIMITED TO ICE, BEVERAGES WITH OR WITHOUT GARNISHMENT, POPCORN, OR
PREPACKAGED ITEMS SOLD WITHOUT ADDITIONS OR PREPARATION;
(G) ANY THEATER, IF THE PRIMARY USE IS AS A THEATER AND IF PATRON
SERVICE IS LIMITED TO FOOD ITEMS CUSTOMARILY SERVED TO THE ADMITTEES OF
(H) ANY VENDING MACHINE THAT DISPENSES ANY FOOD OR BEVERAGES OTHER
THAN POTENTIALLY HAZARDOUS FOODS, AS DEFINED BY 1NYCRR 271-1.2; OR
(I) ANY RESEARCH AND DEVELOPMENT TEST KITCHEN LIMITED TO THE USE OF
EMPLOYEES AND WHICH IS NOT OPEN TO THE GENERAL PUBLIC.
3. Notwithstanding any other provision of law, a good-faith donor of
any canned or perishable food, farm product, game or wild game, appar-
ently fit for human consumption, to a bona fide charitable or nonprofit
organization, for free distribution, shall not be subject to criminal
penalty or civil damages arising from the condition of the food, if the
said donor reasonably inspects the food at the time of donation and
finds the food apparently fit for human consumption and unless the donor
has actual or constructive knowledge that the food is adulterated,
tainted, contaminated or harmful to the health or well-being of the
person consuming said food.
[2.] 4. This section includes the good faith donation of canned or
perishable food or farm products not readily marketable due to appear-
ance, freshness, grade, surplus or other considerations, but shall not
be deemed or construed to restrict the authority of any lawful agency to
otherwise regulate or ban the use of such food for human consumption.
[3.] 5. A not-for-profit charitable organization shall provide liabil-
ity insurance to persons engaged in gleaning activities organized or
sponsored by such charitable organization.
S 3. This act shall take effect immediately.