The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4398
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 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
   entities
 
   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. CONSTRUCTION.
         27-2805. 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. AN ESTIMATED 2.8 MILLION NEW YORKERS FACE HUNGER
 AND FOOD INSECURITY. DECOMPOSITION OF ORGANIC WASTE  ACCOUNTS  FOR  OVER
 FIFTEEN  PERCENT  OF  OUR NATION'S EMISSIONS OF METHANE, A POTENT GREEN-
 HOUSE GAS. THIS LEGISLATION IS DESIGNED TO INCREASE  FOOD  DONATIONS  TO
 FOOD  BANKS  AND  OTHER PROVIDERS WHO FEED THE NEEDY WHILE REDUCING FOOD
 WASTE IN SOLID WASTE LANDFILLS WHICH CREATE DANGEROUS EMISSIONS.
 § 27-2802. DEFINITIONS.
   AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL MEAN:
   1. "EXCESS FOOD" MEANS EDIBLE FOOD THAT IS  NOT  SOLD  OR  USED  BY  A
 SUPERMARKET AND IS STILL SAFE TO BE CONSUMED BUT IS BEING DISPOSED OF BY
 THE  SUPERMARKET  DUE  TO LABELING, APPEARANCE, SURPLUS OR OTHER SIMILAR

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

                                                            LBD05200-04-9

 A. 4398                             2
 
 CONDITIONS. "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 QUALIFY-
 ING  ENTITY;  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.  "QUALIFYING  ENTITY"  MEANS  A  RELIGIOUS  OR OTHER NOT-FOR-PROFIT
 ORGANIZATION WHICH PROVIDES FOOD FOR FREE TO NEEDY  PERSONS,  INCLUDING,
 BUT  NOT LIMITED TO A FOOD PANTRY, FOOD BANK, SOUP-KITCHEN OR COMMUNITY-
 BASED ORGANIZATION THAT PROVIDES 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.    "SUPERMAR-
 KET"  SHALL  NOT  INCLUDE  HOTELS,  MOTELS,  RESTAURANTS AND CAFETERIAS,
 BAKERIES,  CATERERS,  HOSPITALS,  ASSISTED  LIVING  FACILITIES,  NURSING
 HOMES, HOSPICES, GROUP HOMES, DRUG STORES, EDUCATIONAL INSTITUTIONS, AND
 FOOD  COURTS  IN  SHOPPING  MALLS,  FOOD RETAILERS AT AIRPORTS AND OTHER
 TRANSPORTATION FACILITIES, GAS STATIONS, SPORTS ARENAS,  MOVIE  THEATERS
 OR ANY OTHER SIMILAR ESTABLISHMENT.
 § 27-2803. AVAILABILITY REQUIREMENT.
   1.  EVERY  SUPERMARKET SHALL FROM TIME TO TIME MAKE EXCESS FOOD AVAIL-
 ABLE TO QUALIFYING ENTITIES.
   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 SHALL BE DEEMED IN COMPLIANCE WITH THIS  SECTION  IF
 IT IN GOOD FAITH ARRANGES WITH A QUALIFYING ENTITY THAT HAS REQUESTED IN
 WRITING  TO  COLLECT EXCESS FOOD FROM THE SUPERMARKET FOR THE COLLECTION
 OF SUCH EXCESS FOOD.   A SUPERMARKET  ACTING  IN  COMPLIANCE  WITH  THIS
 SECTION  SHALL HAVE NO LIABILITY FOR THE FOOD TRANSFERRED IN THE ABSENCE
 OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
   4. A SUPERMARKET MAY IMPOSE REASONABLE RESTRICTIONS AS TO THE TIME AND
 MANNER OF COLLECTION BY A QUALIFYING ENTITY SO AS NOT TO INTERFERE  WITH
 ITS BUSINESS OPERATIONS.
   5.  A SUPERMARKET MAY, IN ACCORDANCE WITH ANY APPLICABLE LAWS, DISPOSE
 OF ANY EXCESS FOOD WHICH IS NOT PICKED UP BY A QUALIFYING ENTITY  WITHIN
 A REASONABLE TIME.
 § 27-2804. CONSTRUCTION.
   NOTHING  IN  THIS  TITLE  SHALL BE CONSTRUED TO SUPERSEDE ANY STATE OR
 FEDERAL HEALTH LAWS OR REGULATIONS REGARDING THE HANDLING OF FOOD.
 § 27-2805. ENFORCEMENT.
   A SUPERMARKET THAT DOES NOT MEET THE REQUIREMENTS OF THIS TITLE  SHALL
 NOT BE SUBJECT TO THE PENALTIES SPECIFIED IN TITLE TWENTY-SEVEN OF ARTI-
 CLE SEVENTY-ONE OF THIS CHAPTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.