The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    901
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   supermarkets  providing  excess  edible  food to food relief organiza-
   tions; to amend a chapter of the laws of 2020  amending  the  environ-
   mental  conservation  law  relating  to requiring supermarkets to make
   excess food available to qualifying entities, as proposed in  legisla-
   tive  bills  numbers S. 4176-A and A.4398-A, in relation to the effec-
   tiveness thereof; to repeal certain provisions  of  the  environmental
   conservation  law  relating  thereto;  and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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.
   § 2. Title 30 of article 27 of the environmental conservation law,  as
 added  by  a  chapter  of  the  laws of 2020, amending the environmental
 conservation law relating to requiring supermarkets to make excess  food
 available  to  qualifying  entities,  as  proposed  in legislative bills
 numbers S. 4176-A and A. 4398-A, is REPEALED.
   § 3. Section 27-2201 of the environmental conservation law is  amended
 by adding two new subdivisions 9 and 10 to read as follows:
   9.  "EXCESS EDIBLE FOOD" MEANS EDIBLE FOOD THAT IS NOT SOLD OR USED BY
 A DESIGNATED FOOD SCRAP GENERATOR AND IS STILL SAFE TO BE  CONSUMED  BUT
 IS  BEING DISPOSED OF BY THE GENERATOR, BUT SHALL NOT INCLUDE UNPACKAGED
 FRESH MEAT, FISH OR POULTRY, FOOD DAMAGED BY PESTS,  MOLD,  BACTERIA  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07193-01-1

 S. 901                              2
 
 OTHER CONTAMINATION, FOOD SUBJECT TO GOVERNMENTAL OR PRODUCER RECALL DUE
 TO FOOD SAFETY AND FOOD RETURNED TO A SUPPLIER.
   10. "FOOD RELIEF ORGANIZATION" MEANS A RELIGIOUS ORGANIZATION OR OTHER
 NOT-FOR-PROFIT THAT PROVIDES FOOD FOR FREE TO NEEDY INDIVIDUALS, INCLUD-
 ING,  BUT  NOT  LIMITED TO, A FOOD PANTRY, FOOD BANK, OR SOUP KITCHEN OR
 COMMUNITY-BASED ORGANIZATION THAT PROVIDES FOOD FOR FREE TO NEEDY  INDI-
 VIDUALS.
   §  4.  The  environmental  conservation law is amended by adding a new
 section 27-2218 to read as follows:
 § 27-2218. SUPERMARKET EXCESS EDIBLE FOOD.
   1. FOR THE PURPOSE OF THIS SECTION,  "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.
   2.  EVERY  SUPERMARKET SHALL FROM TIME TO TIME MAKE EXCESS EDIBLE FOOD
 AVAILABLE TO FOOD RELIEF ORGANIZATIONS. NO SUPERMARKET SHALL BE REQUIRED
 TO MAKE AVAILABLE A PARTICULAR QUANTITY OR LEVEL OF EXCESS  EDIBLE  FOOD
 OR TO TRANSPORT OR DISTRIBUTE ANY EXCESS EDIBLE FOOD.
   3. A SUPERMARKET SHALL BE DEEMED IN COMPLIANCE WITH THIS SECTION IF IT
 IN  GOOD  FAITH  ARRANGES  WITH  A  FOOD  RELIEF  ORGANIZATION  THAT HAS
 REQUESTED IN WRITING TO COLLECT EXCESS EDIBLE FOOD FROM THE  SUPERMARKET
 FOR  THE COLLECTION OF SUCH EXCESS EDIBLE FOOD.  THE RIGHTS, LIABILITIES
 OR IMMUNITY OF ANY PARTY UNDER THIS SECTION SHALL BE  GOVERNED  PURSUANT
 TO  THE  BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT (42 U.S.C. § 1791
 ET SEQ.), AS OF JANUARY SEVENTH, TWO THOUSAND ELEVEN.
   4. A SUPERMARKET MAY IMPOSE REASONABLE RESTRICTIONS AS TO THE TIME AND
 MANNER OF COLLECTION BY A FOOD RELIEF ORGANIZATION SO AS NOT  TO  INTER-
 FERE WITH ITS BUSINESS OPERATIONS.
   5.  A SUPERMARKET MAY, IN ACCORDANCE WITH ANY APPLICABLE LAWS, DISPOSE
 OF ANY EXCESS EDIBLE FOOD WHICH IS NOT PICKED UP BY A FOOD RELIEF ORGAN-
 IZATION WITHIN A REASONABLE TIME.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE  ANY  STATE
 OR  FEDERAL  HEALTH LAWS OR REGULATIONS REGARDING THE HANDLING OF EXCESS
 EDIBLE FOOD.
   7. A SUPERMARKET THAT DOES NOT MEET THE REQUIREMENTS OF  THIS  SECTION
 SHALL NOT BE SUBJECT TO THE PENALTIES SPECIFIED IN TITLE TWENTY-SEVEN OF
 ARTICLE SEVENTY-ONE OF THIS CHAPTER.
   § 5. Section 2 of a chapter of the laws of 2020, amending the environ-
 mental  conservation  law  relating  to  requiring  supermarkets to make
 excess food available to qualifying entities, as proposed in legislative
 bills numbers S. 4176-A and A. 4398-A, is amended to read as follows:
   § 2. 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] IMMEDIATELY.
   § 6. This act shall take effect immediately;  provided,  however  that
 sections  one,  two, three and four of this act shall take effect on the
 same date and in the same manner as a  chapter  of  the  laws  of  2020,
 amending the environmental conservation law relating to requiring super-
 markets  to  make  excess  food  available  to  qualifying  entities, as
 proposed in legislative bills numbers S.   4176-A and A.  4398-A,  takes
 effect,  provided,  further,  that section four of this act shall expire
 and be deemed repealed on December 31, 2021.