S T A T E O F N E W Y O R K
________________________________________________________________________
7936
2017-2018 Regular Sessions
I N A S S E M B L Y
May 19, 2017
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring supermarkets to make excess food available to qualifying
charities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 28 to read as follows:
TITLE 28
EXCESS FOOD ACT
SECTION 27-2801. LEGISLATIVE INTENT.
27-2802. DEFINITIONS.
27-2803. AVAILABILITY REQUIREMENT.
27-2804. EXCLUSIONS.
27-2805. IMMUNITY FROM LIABILITY.
27-2806. CONSTRUCTION.
27-2807. ENFORCEMENT.
§ 27-2801. LEGISLATIVE INTENT.
SIXTY TO ONE HUNDRED MILLION TONS OF EDIBLE FOOD IN THE UNITED STATES
IS DISCARDED, PRIMARILY TO SOLID WASTE LANDFILLS. AN ESTIMATED FIFTY
MILLION AMERICANS, INCLUDING NEARLY SIXTEEN MILLION CHILDREN, DO NOT
HAVE SUFFICIENT FOOD. DECOMPOSITION OF ORGANIC WASTE ACCOUNTS FOR OVER
FIFTEEN PERCENT OF OUR NATION'S EMISSIONS OF METHANE, A POTENT GREEN-
HOUSE GAS. AN ESTIMATED 2.8 MILLION NEW YORKERS FACE HUNGER AND FOOD
INSECURITY. THIS LEGISLATION IS DESIGNED TO INCREASE FOOD DONATIONS TO
FOOD BANKS AND OTHER PROVIDERS WHO FEED THE NEEDY AND TO REDUCE FOOD
WASTE IN SOLID WASTE LANDFILLS WHICH CREATE DANGEROUS EMISSIONS.
§ 27-2802. DEFINITIONS.
AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL MEAN:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10758-05-7
A. 7936 2
1. "EXCESS FOOD" MEANS EDIBLE FOOD THAT IS NOT SOLD OR USED BY A
SUPERMARKET AND IS BEING DISPOSED OF BY THE SUPERMARKET DUE TO QUALITY
STANDARDS, LABELING, APPEARANCE, SURPLUS OR OTHER SIMILAR CONDITIONS.
2. "QUALIFYING CHARITY" MEANS (A) A RELIGIOUS ORGANIZATION WHICH
PROVIDES FOOD FOR FREE TO NEEDY PERSONS, OR (B) A CHARITY QUALIFIED
UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE WHICH PROVIDES FOOD
FOR FREE TO NEEDY PERSONS. QUALIFYING CHARITIES SHALL INCLUDE FOOD
BANKS AND FOOD PANTRIES QUALIFIED UNDER SECTION 501(C)(3) OF THE INTER-
NAL REVENUE CODE WHICH PROVIDE FOOD TO OTHER QUALIFIED CHARITIES WHICH
PROVIDE FOOD FOR FREE TO NEEDY PERSONS.
3. "SUPERMARKET" MEANS A PHYSICAL RETAIL STORE WHICH HAS AT THE
SUBJECT LOCATION MORE THAN TEN THOUSAND SQUARE FEET DEVOTED TO OFFERING
FOOD FOR HUMAN CONSUMPTION FOR SALE TO THE GENERAL PUBLIC.
§ 27-2803. AVAILABILITY REQUIREMENT.
1. EVERY SUPERMARKET SHALL FROM TIME TO TIME MAKE AVAILABLE TO QUALI-
FYING CHARITIES, EXCESS FOOD WHICH THE SUPERMARKET HAS ON ITS PREMISES.
2. NO SUPERMARKET SHALL BE REQUIRED TO MAKE AVAILABLE A PARTICULAR
QUANTITY OR LEVEL OF EXCESS FOOD OR TO TRANSPORT OR DISTRIBUTE ANY
EXCESS FOOD.
3. A SUPERMARKET MAY, IN ACCORDANCE WITH APPLICABLE LAWS, DISPOSE OF
EXCESS FOOD WHICH IS NOT TIMELY COLLECTED BY A QUALIFYING CHARITY.
4. A SUPERMARKET SHALL BE DEEMED IN COMPLIANCE WITH THIS SECTION IF IT
IN GOOD FAITH ARRANGES WITH A QUALIFYING CHARITY THAT HAS REQUESTED IN
WRITING TO COLLECT EXCESS FOOD FROM THE SUPERMARKET FOR THE COLLECTION
OF SUCH EXCESS FOOD.
5. A SUPERMARKET MAY IMPOSE REASONABLE RESTRICTIONS AS TO THE TIME AND
MANNER OF COLLECTION BY A QUALIFYING CHARITY SO AS NOT TO INTERFERE WITH
ITS BUSINESS OPERATIONS.
§ 27-2804. EXCLUSIONS.
1. EXCESS FOOD SHALL NOT INCLUDE: UNPACKAGED FRESH MEAT, FISH, OR
POULTRY; FOOD DAMAGED BY STORAGE CONDITIONS, PESTS, MOLD, BACTERIA OR
OTHER CONTAMINATION; FOOD WHICH HAS BEEN OFFERED FOR SALE FROM A HOT,
COLD OR PREPARED FOOD BAR; FOOD SUBJECT TO A GOVERNMENTAL OR PRODUCER
RECALL; FOOD RETURNED TO A SUPPLIER; FOOD DONATED TO A QUALIFYING CHARI-
TY; FOOD SOLD TO A FOOD REMARKETER OR RESTAURANT OR OTHER PREPARER OF
FOOD FOR HUMAN CONSUMPTION OR SOLD TO A FARMER OR OTHER PRODUCER.
2. SUPERMARKET SHALL NOT INCLUDE HOTELS, MOTELS, RESTAURANTS AND CAFE-
TERIAS, BAKERIES, CATERERS, HOSPITALS, ASSISTED LIVING FACILITIES, INDE-
PENDENT LIVING FACILITIES, NURSING HOMES, HOSPICES, GROUP HOMES, DRUG
STORES, EDUCATIONAL INSTITUTIONS, FOOD COURTS IN SHOPPING MALLS, FOOD
RETAILERS AT AIRPORTS OR OTHER TRANSPORTATION FACILITIES, GAS STATIONS,
SPORTS ARENAS, OR MOVIE THEATERS.
§ 27-2805. IMMUNITY FROM LIABILITY.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR
LOCAL LAW, NO SUPERMARKET OR QUALIFYING CHARITY, OR ANY EMPLOYEE, OFFI-
CER, SHAREHOLDER, PARTNER, AGENT, VOLUNTEER OR RELIGIOUS LEADER THEREOF
WHO PROVIDES, MAKES AVAILABLE, DISTRIBUTES OR OTHERWISE FACILITATES THE
DISTRIBUTION OF EXCESS FOODS TO NEEDY PERSONS AS PROVIDED IN THIS TITLE,
SHALL BE LIABLE TO ANY PERSON FOR DAMAGES FOR INJURIES OR DEATH ALLEGED
TO HAVE BEEN SUSTAINED AS A RESULT OF THE CONDITION OF EXCESS FOOD MADE
AVAILABLE HEREUNDER, UNLESS SUCH INJURIES OR DEATH WERE CAUSED BY GROSS
NEGLIGENCE OR INTENTIONAL CONDUCT OF SUCH SUPERMARKET OR QUALIFYING
CHARITY OR ANY EMPLOYEE, OFFICER, SHAREHOLDER, PARTNER, AGENT, VOLUNTEER
OR RELIGIOUS LEADER THEREOF.
§ 27-2806. CONSTRUCTION.
A. 7936 3
NOTHING IN THIS TITLE SHALL BE CONSTRUED TO SUPERSEDE ANY STATE OR
FEDERAL HEALTH LAWS OR REGULATIONS REGARDING THE HANDLING OF FOOD.
§ 27-2807. ENFORCEMENT.
ANY QUALIFYING CHARITY MAY SEEK AN ORDER FROM A COURT OF COMPETENT
JURISDICTION REQUIRING COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.
§ 2. This act shall take effect immediately.