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
                                ___________
 
 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.