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This entry was published on 2014-09-22
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Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 4-D
§ 71-y. Definitions. As used in this article: 1. "Perishable foods"
means any food that may spoil or otherwise become unfit for human
consumption because of its nature, type or physical condition.
Perishable food includes, but is not limited to, fresh or processed
meats, poultry, seafood, dairy products, bakery products, eggs in the
shell, fresh fruits or vegetables and foods that have been packaged,
refrigerated or frozen, or otherwise require refrigeration to remain
nonperishable. This definition shall not include game or wild game.

2. "Canned foods" means any canned food that has been hermetically
sealed and commercially processed and prepared for human consumption,
including canned or preserved fruits, vegetables or other articles of
food. There is specifically excluded for purposes of this section canned
goods that are rusted, leaking, swollen or canned goods that are
defective or cannot be otherwise offered for sale to members of the
general public.

3. "Farm products" means any agricultural, dairy or horticultural
product or any product designed or intended for human consumption or
prepared principally from an agricultural, dairy or horticultural

4. "Charitable or nonprofit organization" means any organization which
is exempt from federal or state income taxation, except that the term
does not include organizations which sell or offer to sell such donated
items of food.

5. "Organized gleaning" means the harvest of an agricultural crop that
has been donated by an owner, lessee, or occupant of premises or
occupant of a farm by persons who are sponsored by a charitable
not-for-profit organization.

6. "Game or wild game" means any deer or big game, or portions
thereof, as defined in section 11-0103 of the environmental conservation
law, taken by lawful hunting.

7. "Public food service establishment" means any building, vehicle,
place or structure, or any room or division in a building, vehicle,
place or structure where food is prepared, served or sold for immediate
consumption on or in the vicinity of the premises; called for or taken
out by customers; or prepared prior to being delivered to another
location for consumption.