S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4083
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RA, DiPIETRO, LAWRENCE, GARBARINO, MOSLEY --
   Multi-Sponsored by -- M.   of A. BLAKE,  BRABENEC,  BUCHWALD,  CROUCH,
   GIGLIO,  GUNTHER,  McDONOUGH,  B. MILLER,  M. G. MILLER, M. L. MILLER,
   MONTESANO, MORINELLO, ORTIZ, RAIA, VANEL, WILLIAMS --  read  once  and
   referred to the Committee on Governmental Operations

 AN  ACT  to amend the executive law and the agriculture and markets law,
   in relation to the donation of  excess  food  by  state  agencies  and
   contractors to food assistance programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state food donation act".
   § 2. The executive law is amended by adding a new article 16-B to read
 as follows:
                               ARTICLE 16-B
              FOOD DONATION BY STATE AGENCIES AND CONTRACTORS
 SECTION 340. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.
         341. DEFINITIONS.
         342. FOOD DONATION BY AGENCIES AND CONTRACTORS.
         343. COSTS.
         344. LIABILITY.
         345. FOOD DONATION GUIDELINES.
   § 340. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES. 1. THE LEGISLA-
 TURE  FINDS  THAT  THERE ARE NUMEROUS FOOD-INSECURE FAMILIES IN NEW YORK
 WHO EXPERIENCE DIFFICULTY OBTAINING AFFORDABLE,  NUTRITIOUS  FOOD  ON  A
 DAILY  BASIS  WHO  WOULD  BE  HELPED BY DONATION OF EXCESS FOOD BY STATE
 AGENCIES AND CONTRACTORS. IN 1996 THE UNITED STATES CONGRESS PASSED  THE
 BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT, WHICH PROTECTS GOOD-FAITH
 DONORS  WHO  DONATE  FOOD  TO  NONPROFIT FEEDING PROGRAMS FROM CIVIL AND
 CRIMINAL LIABILITY AT THE FEDERAL LEVEL. THE BILL EMERSON GOOD SAMARITAN
 FOOD DONATION ACT COVERS DONATION OF ALL FOOD AND GROCERY PRODUCTS  THAT

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

                                                            LBD02357-02-9

 A. 4083                             2
 
 MEET  QUALITY AND LABELING STANDARDS IMPOSED BY FEDERAL, STATE AND LOCAL
 LAWS AND REGULATIONS, EVEN THOUGH THE FOOD MAY NOT BE "READILY  MARKETA-
 BLE  DUE  TO AGE, FRESHNESS, GRADE, SIZE, SURPLUS, OR OTHER CONDITIONS".
 CONGRESS  LATER  PASSED  THE  FEDERAL  FOOD  DONATION  ACT OF 2008 WHICH
 ENCOURAGES EXECUTIVE AGENCIES AND CONTRACTORS OF EXECUTIVE  AGENCIES  TO
 DONATE EXCESS FOOD TO FOOD-INSECURE PEOPLE AND KEEP IT OUT OF LAND FILL.
 THE LEGISLATURE FURTHER FINDS THAT DONATIONS OF EXCESS FOOD FOR CONSUMP-
 TION  BY  FOOD-INSECURE  PEOPLE REDUCES GREENHOUSE GAS RELEASES IN LAND-
 FILLS WHICH IN TURN REDUCES CLIMATE CHANGE.
   2. THE LEGISLATURE DECLARES THAT IT SHALL BE THE PUBLIC POLICY OF  THE
 STATE  TO REDUCE WASTE BY ENCOURAGING STATE AGENCIES AND CONTRACTORS, TO
 THE MAXIMUM EXTENT PRACTICABLE AND SAFE, TO  DONATE  EXCESS,  APPARENTLY
 WHOLESOME  FOOD  TO  FOOD  ASSISTANCE  PROGRAMS TO BENEFIT FOOD-INSECURE
 PEOPLE WITHIN THE STATE.
   § 341. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AGENCY"  MEANS  ANY  STATE DEPARTMENT, AGENCY, BOARD, COMMISSION,
 LOCAL EDUCATION AGENCY, MUNICIPALITY, OFFICE, PUBLIC AUTHORITY OR PUBLIC
 BENEFIT CORPORATION.
   2. "APPARENTLY WHOLESOME FOOD" MEANS FOOD THAT MEETS ALL  QUALITY  AND
 LABELING  STANDARDS  IMPOSED BY FEDERAL, STATE, AND LOCAL LAWS AND REGU-
 LATIONS EVEN THOUGH THE FOOD  MAY  NOT  BE  READILY  MARKETABLE  DUE  TO
 APPEARANCE, AGE, FRESHNESS, GRADE, SIZE, SURPLUS, OR OTHER CONDITIONS.
   3. "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT HAS A CONTRACT WITH AN
 AGENCY  FOR  PUBLIC  WORKS  OR IMPROVEMENTS TO BE PERFORMED, FOR A FRAN-
 CHISE, CONCESSION OR LEASE OF PROPERTY, FOR GRANT MONIES  OR  GOODS  AND
 SERVICES  OR SUPPLIES TO BE PURCHASED AT THE EXPENSE OF THE AGENCY OR TO
 BE PAID OUT OF MONIES DEPOSITED IN THE TREASURY OR OUT OF  TRUST  MONIES
 UNDER THE CONTROL OR COLLECTED BY THE AGENCY.
   4.  "EXCESS", WHEN APPLIED TO FOOD, MEANS FOOD THAT IS NOT REQUIRED TO
 MEET THE NEEDS OF THE AGENCY OR CONTRACTOR AND THAT WOULD  OTHERWISE  BE
 DISCARDED.
   5.  "FOOD  ASSISTANCE  PROGRAM"  MEANS  NOT-FOR-PROFIT FOOD ASSISTANCE
 PROGRAMS INCLUDING, BUT NOT LIMITED TO, COMMUNITY  FOOD  PANTRIES,  FOOD
 BANKS,  EMERGENCY  FOOD PROGRAMS, SOUP KITCHENS, AND OTHER COMMUNITY AND
 NOT-FOR-PROFIT ORGANIZATIONS OR  PROGRAMS  THAT  PROVIDE  ASSISTANCE  TO
 FOOD-INSECURE PEOPLE WITHIN THE STATE.
   6.  "FOOD-INSECURE" MEANS INCONSISTENT ACCESS TO SUFFICIENT, SAFE, AND
 NUTRITIOUS FOOD.
   7. "LOCAL EDUCATION AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF  COOPER-
 ATIVE  EDUCATIONAL SERVICES, COMMUNITY COLLEGE, AGRICULTURAL AND TECHNI-
 CAL COLLEGE, STATE UNIVERSITY OF NEW YORK COLLEGE OF  TECHNOLOGY  AND  A
 CENTER  FOR  ADVANCED  TECHNOLOGY  DESIGNATED  PURSUANT TO SECTION THREE
 THOUSAND ONE HUNDRED TWO-A OF THE  PUBLIC  AUTHORITIES  LAW,  AND  OTHER
 POSTSECONDARY PROVIDERS OF CAREER EDUCATION AS SET FORTH ANNUALLY BY THE
 GOVERNOR  IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF AGRI-
 CULTURE AND MARKETS AS ELIGIBLE RECIPIENTS UNDER THE FEDERAL  VOCATIONAL
 EDUCATION ACT OF NINETEEN HUNDRED EIGHTY-FOUR.
   8. "MUNICIPALITY" MEANS A VILLAGE, TOWN, CITY OR COUNTY, OR ANY DESIG-
 NATED AGENCY THEREOF.
   §  342.  FOOD  DONATION  BY AGENCIES AND CONTRACTORS. ALL AGENCIES AND
 CONTRACTORS ARE ENCOURAGED, TO THE MAXIMUM EXTENT PRACTICABLE AND  SAFE,
 TO DONATE EXCESS, APPARENTLY WHOLESOME FOOD TO FOOD ASSISTANCE PROGRAMS.
   § 343. COSTS. IN ANY CASE IN WHICH A CONTRACTOR ENTERS INTO A CONTRACT
 WITH  AN  AGENCY  UNDER  WHICH APPARENTLY WHOLESOME FOOD IS DONATED TO A
 FOOD ASSISTANCE PROGRAM, THE AGENCY SHALL NOT ASSUME RESPONSIBILITY  FOR

 A. 4083                             3
 
 THE  COSTS  AND  LOGISTICS  OF COLLECTING, TRANSPORTING, MAINTAINING THE
 SAFETY OF, OR DISTRIBUTING THE  EXCESS,  APPARENTLY  WHOLESOME  FOOD  TO
 FOOD-INSECURE PEOPLE UNDER THIS ARTICLE.
   § 344. LIABILITY. AN AGENCY OR CONTRACTOR MAKING DONATIONS PURSUANT TO
 THIS  ARTICLE  SHALL  BE EXEMPT FROM CIVIL AND CRIMINAL LIABILITY TO THE
 EXTENT PROVIDED UNDER 42 USC § 1791 AND ANY OTHER APPLICABLE SECTIONS OF
 STATE OR FEDERAL LAW.
   § 345. FOOD DONATION GUIDELINES. 1. THE GOVERNOR, IN CONSULTATION  AND
 COOPERATION  WITH  THE  COMMISSIONER  OF  AGRICULTURE AND MARKETS, SHALL
 DEVELOP GUIDELINES TO ENCOURAGE AND FACILITATE AGENCIES AND  CONTRACTORS
 TO DONATE EXCESS, APPARENTLY WHOLESOME FOOD TO FOOD ASSISTANCE PROGRAMS.
 SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A) A METHODOLOGY TO PROVIDE INFORMATION TO AGENCIES, CONTRACTORS, AND
 FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS OF SUCH GUIDELINES;
   (B)  A  MEANS  BY WHICH AGENCIES AND CONTRACTORS ARE PROVIDED WITH THE
 NAMES AND ADDRESSES OF NEARBY FOOD ASSISTANCE PROGRAMS;
   (C) A MEANS BY WHICH FOOD ASSISTANCE PROGRAMS ARE  PROVIDED  WITH  THE
 NAMES  AND  ADDRESSES  OF  NEARBY  AGENCIES AND CONTRACTORS WHO MAY MAKE
 DONATIONS TO FOOD ASSISTANCE PROGRAMS;
   (D) NOTIFICATION TO AGENCIES AND CONTRACTORS OF THEIR ABILITY TO ELECT
 TO DONATE EXCESS, APPARENTLY WHOLESOME FOOD TO FOOD ASSISTANCE PROGRAMS;
 AND
   (E) THE PROVISION OF  INFORMATION  AND  TECHNICAL  ASSISTANCE  ON  THE
 MANNER OF HOW TO BEST DONATE EXCESS, APPARENTLY WHOLESOME FOOD IN A SAFE
 AND SANITARY MANNER.
   2.  ANY  AGENCY MAY PROMULGATE RULES, REGULATIONS, ORDINANCES, OR LAWS
 TO TAKE ANY AND ALL REASONABLE ACTIONS NECESSARY TO IMPLEMENT THIS ARTI-
 CLE. THIS ARTICLE SHALL NOT BE CONSTRUED TO LIMIT THE  AUTHORITY  OF  AN
 AGENCY  TO  ADOPT,  IMPLEMENT, OR, ENFORCE REQUIREMENTS ON MANAGEMENT OF
 EXCESS FOOD THAT ARE MORE STRINGENT OR COMPREHENSIVE THAN  THE  REQUIRE-
 MENTS OF THIS ARTICLE.
   §  3.  Section  16  of  the  agriculture and markets law is amended by
 adding a new subdivision 50 to read as follows:
   50. COOPERATE WITH THE GOVERNOR, PURSUANT TO ARTICLE SIXTEEN-B OF  THE
 EXECUTIVE  LAW,  TO  DEVELOP  GUIDELINES  WHICH  ENCOURAGE  AGENCIES AND
 CONTRACTORS TO DONATE EXCESS, APPARENTLY WHOLESOME FOOD TO FOOD  ASSIST-
 ANCE PROGRAMS.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.