S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6303

                       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
ESTABLISHMENTS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14938-01-9

              

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
PLACE;
  (E) ANY PLACE OF BUSINESS ISSUED A PERMIT OR INSPECTED BY THE  DEPART-
MENT;
  (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
THEATERS;
  (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.