NY State Senate Bill S4176A

Archive: Last Bill Status Via A4398 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2020	approval memo.56 signed chap.352
Dec 11, 2020	delivered to governor
Jul 23, 2020	returned to assembly passed senate 3rd reading cal.881 substituted for s4176a
Jul 23, 2020	substituted by a4398a
Jul 22, 2020	ordered to third reading cal.881
Jul 20, 2020	reported and committed to rules
Jan 08, 2020	referred to environmental conservation
May 30, 2019	print number 4176a
May 30, 2019	amend and recommit to environmental conservation
Mar 04, 2019	referred to environmental conservation

Votes

view votes

Jul 23, 2020 - floor Vote

A4398A

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S4176A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Environmental Conservation committee Vote

S4176A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jul 20, 2020

aye (8)

nay (2)

aye wr (1)

LaValle

Bill Amendments

Original

A (Active)

Original

A (Active)

S4176 - Details

See Assembly Version of this Bill:: A4398
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3005, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S8993, A7936

S4176 - Summary

Requires supermarkets to make excess food available to qualifying entities.

S4176 - Sponsor Memo

 
BILL NUMBER: S4176

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to requiring supermarkets to make excess food available to
qualifying entities

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is designed to increase food donations to food banks and other
providers who feed the needy and to help reduce dangerous emissions of
methane from the decomposition of organic waste in landfills.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends environmental conservation law article 27
by adding a new title 28 to establish the "Excess Food Act." The Excess
Food Act provides the following:

1. Definitions. As used in this article shall have the following mean-
ing:

(a) "Excess food" means edible food that is not sold or used by a super-
market and which is still safe to be consumed but is being disposed of
by the supermarket due to labeling, appearance, surplus or other similar
conditions.. Excess foods 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 enti-
ty; food sold to a food marketer or restaurant or other preparer of food
for human consumption or sold to a farmer or other producer.

(b) "Qualifying entity" means a religious organization 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.

(c) "Supermarkets" 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.  Supermarket
shall not include hotels, motels, restaurants and cafeterias, bakeries,
caterers, hospitals, assisted living facilities, nursing homes, hospic-
es, 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.

2. Availability requirement.

(a) Every supermarket shall from time to time make excess food available
to qualifying charities.

(b) No supermarket shall be required to make available a particular
quantity or level of excess food or to transport or distribute any
excess food.


(c) 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.

(d) 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.

(e) A supermarket may, in accordance with applicable laws, dispose of
any excess food which is not picked up by a qualifying entity within a
reasonable time.

3. Construction. Nothing in this tile shall be construed to supersede
any state or federal health laws or regulations regarding the handling
of foods

4. 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 article seventy-one of this chapter.

Section 2 is the effective date.

 
JUSTIFICATION:

Hunger in the U.S. and our state is a serious problem. An estimated 50
million Americans, including nearly 16 million children, do not have
sufficient food. Meanwhile, 60 - 100 million tons of edible food is
discarded in the United States, primarily to solid waste landfills.
Decomposition of organic waste accounts for over 15 percent of our
nation's emissions of methane, a potent greenhouse gas.

Hunger and food insecurity - the uncertainty of having, or inability to
acquire, enough food to meet household food needs exists in every county
in our state. An estimated 2.8 million New Yorkers (over 14%) are facing
hunger and food insecurity. Moreover, a significant number of those
households do not qualify for federal nutrition assistance.

As noted in the Food Bank for Westchester Food Dating Guide, the majori-
ty of food items that are close to or past the indicated date on their
packages are still safe for consumption. This includes items passed the
"expiration date," "sell by date," "use by date" and "pack date." These
codes are used by manufacturers to ensure that consumers receive their
product in peak quality. Supermarkets regularly dispose of these unused
food items and most are of good quality and safe to eat. This legis-
lation will require supermarkets of a certain size to make available
this excess food to entities that provide food for free to the needy.

While supermarkets of a certain size are required to participate, they
are not required to provide a particular quantity of food or transport
or distribute it. Qualifying entities must make a written request for
the excess food and arrange to collect the food at a date and time
arranged with the supermarket. Not only should there be no cost to
participating supermarkets - there may be savings - since supermarkets
will no longer have to pay to have excess food collected and discarded.
In addition, a supermarket in compliance with this section shall have no
liability for the food transferred in the absence of gross negligence or
intentional misconduct.

Making excess food available to qualifying entities that feed the hungry
will go a long way to help address food insecurity in our state without
additional costs to participating supermarkets. In addition, the
donation of excess food will also reduce food waste disposed of in solid
waste landfills which create dangerous emissions.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A7936 referred to environmental conservation; same as S8993
(Alcantara) referred to rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.

S4176 - Bill Text download pdf


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

                                  4176

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

S. 4176                             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.

Co-Sponsors

S4176A (ACTIVE) - Details

See Assembly Version of this Bill:: A4398
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 30 §§27-3001 - 27-3005, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S8993, A7936

S4176A (ACTIVE) - Summary

Requires supermarkets to make excess food available to qualifying entities.

S4176A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4176A

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to requiring supermarkets to make excess food available to
qualifying entities

 
PURPOSE:

This bill is designed to increase food donations to food banks and other
providers who feed the needy and to help reduce dangerous emissions of
methane from the decomposition of organic waste in landfills.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends environmental conservation law article 27
by adding a new title 28 to establish the "Excess Food Act." The Excess
Food Act provides the following:

.Definitions: As used in this article shall have the following meaning:

(a)"Excess food" means edible food that is not sold or used by a super-
market and is still safe to be consumed but is being disposed of by the
supermarket due to labeling, appearance, surplus or other similar condi-
tions... Excess foods 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 enti-
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.

(b)"Qualifying entity" means a religious organization or other not-for-
profit organization which provides food for free to needy persons,
including by not limited to a food pantry, food bank, soup kitchen or
community based organization that provides food for free to needy
persons.

(c)"Supermarkets" 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.  Supermarket 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 shop-
ping malls, food retailers at airports and other transportation facili-
ties, gas stations, sports arenas, movie theaters, or any other similar
establishment.

2. Availability Requirement.

(a)Every supermarket shall from time to time make excess food available
to qualifying charities.

(b)No supermarket shall be required to make available a particular quan-
tity or level of excess food or to transport or distribute any excess
food.

(c)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.

(d)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.

(e)A supermarket may, in accordance with applicable laws, dispose of any
excess food which is not picked up by a qualifying entity within a
reasonable time.

3. Construction. Nothing in this tile shall be construed to supersede
any state or federal health laws or regulations regarding the handling
of foods.

4. 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 article seventy-one of this chapter.

Section 2 is the effective date.

 
JUSTIFICATION:

Hunger in the U.S. and our state is a serious problem. An estimated 50
million Americans, including nearly 16 million children, do not have
sufficient food. Meanwhile, 60-100 million tons of edible food is
discarded in the United States, primarily to solid waste landfills.
Decomposition of organic waste accounts for over 15 percent of our
nation's emissions of methane, a potent greenhouse gas.

Hunger and food insecurity - the uncertainty of having, or inability to
acquire, enough food to meet household food needs exists in every county
in our state. An estimated 2.8 million New Yorkers (over 14%) are facing
hunger and food insecurity. Moreover, a significant number of those
households do not qualify for federal nutrition assistance.

As noted in the Food Bank for Westchester Food Dating Guide, the majori-
ty of food items that are close to or past the indicated date on their
packages are still safe for consumption. This included items passed the
"expiration date," "sell by date," "use by date" and "pack date." These
codes are used by manufacturers to ensure that consumers receive their
product in peak quality. Supermarkets regularly dispose of these unused
food items and most are of good quality and safe to eat. This legis-
lation will require supermarkets of a certain size to make available
this excess food to entities that provide food for free to the needy.

While supermarkets of a certain size are required to participate, they
are not required to provide a particular quantity of food or transport
or distribute it. Qualifying entities must make a written request for
the excess food and arrange to collect the food at a date and time
arranged with the supermarket.

Not only should there be no cost to participating supermarkets - there
may be savings - since supermarkets will not longer have to pay to have
excess food collected and discarded. In addition, a supermarket in

compliance with this section shall have no liability for the food trans-
ferred in the absence of gross negligence or intentional misconduct.

Making excess food available to qualifying entities that feed the hungry
will go a long way to help address food insecurity in our state without
additional costs to participating supermarkets. In addition, the
donation of excess food will also reduce food waste disposed of in solid
waste landfills which create dangerous emissions.

 
LEGISLATIVE HISTORY:

2017-2018: A7936 referred to environmental conservation; same as S8993
(Alcantara) referred to rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law. Effective immediately the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.

S4176A (ACTIVE) - Bill Text download pdf


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

                                 4176--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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 30 to read as follows:
                                TITLE 30
                             EXCESS FOOD ACT
SECTION 27-3001. LEGISLATIVE INTENT.
        27-3002. DEFINITIONS.
        27-3003. AVAILABILITY REQUIREMENT.
        27-3004. CONSTRUCTION.
        27-3005. ENFORCEMENT.
§ 27-3001. LEGISLATIVE INTENT.
  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. 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.
§ 27-3002. 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
CONDITIONS.  "EXCESS  FOOD"  SHALL  NOT  INCLUDE: UNPACKAGED FRESH MEAT,

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

                                                           LBD05200-06-9

S. 4176--A                          2

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.
§ 27-3003. 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.
§ 27-3004. CONSTRUCTION.
  NOTHING  IN  THIS  TITLE  SHALL BE CONSTRUED TO SUPERSEDE ANY STATE OR
FEDERAL HEALTH LAWS OR REGULATIONS REGARDING THE HANDLING OF FOOD.
§ 27-3005. 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.

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senate Bill S4176A

Sponsored By

Archive: Last Bill Status Via A4398 - Signed by Governor

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Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jul 20, 2020

Bill Amendments

S4176 - Details

S4176 - Summary

S4176 - Sponsor Memo

S4176 - Bill Text download pdf

Co-Sponsors

S4176A (ACTIVE) - Details

S4176A (ACTIVE) - Summary

S4176A (ACTIVE) - Sponsor Memo

S4176A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4176A

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Sponsored By

Archive: Last Bill Status Via A4398 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jul 20, 2020

Bill Amendments

S4176 - Details

S4176 - Summary

S4176 - Sponsor Memo

S4176 - Bill Text download pdf

Co-Sponsors

S4176A (ACTIVE) - Details

S4176A (ACTIVE) - Summary

S4176A (ACTIVE) - Sponsor Memo

S4176A (ACTIVE) - Bill Text download pdf

Comments