STATE OF NEW YORK
________________________________________________________________________
8993
IN SENATE
June 12, 2018
___________
Introduced by Sen. ALCANTARA -- 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
requiring supermarkets to make excess food available to qualifying
charities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 28 to read as follows:
3 TITLE 28
4 EXCESS FOOD ACT
5 Section 27-2801. Legislative intent.
6 27-2802. Definitions.
7 27-2803. Availability requirement.
8 27-2804. Exclusions.
9 27-2805. Construction.
10 27-2806. Enforcement.
11 § 27-2801. Legislative intent.
12 An estimated 2.8 million New Yorkers face hunger and food insecurity.
13 This legislation is designed to increase food donations to food banks
14 and other providers who feed the needy while reducing food waste in
15 solid waste landfills.
16 § 27-2802. Definitions.
17 As used in this title, the following terms shall mean:
18 1. "Excess food" means edible food that is not sold or used by a
19 supermarket and is still safe to be consumed but is being disposed of by
20 the supermarket due to labeling, appearance, surplus or other similar
21 conditions.
22 2. "Qualifying charity" means (a) a religious organization which
23 provides food for free to needy persons, or (b) a charity qualified
24 under section 501(c)(3) of the Internal Revenue Code which provides food
25 for free to needy persons. Qualifying charities shall include food
26 banks and food pantries qualified under section 501(c)(3) of the Inter-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10758-08-8
S. 8993 2
1 nal Revenue Code which provide food to other qualified charities which
2 provide food for free to needy persons.
3 3. "Supermarket" means a physical retail store which has at the
4 subject location more than ten thousand square feet devoted to offering
5 food for human consumption for sale to the general public.
6 § 27-2803. Availability requirement.
7 1. Every supermarket shall from time to time make excess food avail-
8 able to qualifying charities.
9 2. No supermarket shall be required to make available a particular
10 quantity or level of excess food or to transport or distribute any
11 excess food.
12 3. A supermarket shall be deemed in compliance with this section if
13 it in good faith arranges with a qualifying charity that has requested
14 in writing to collect excess food from the supermarket for the
15 collection of such excess food.
16 4. A supermarket may impose reasonable restrictions as to the time and
17 manner of collection by a qualifying charity so as not to interfere with
18 its business operations.
19 § 27-2804. Exclusions.
20 Excess food shall not include: unpackaged fresh meat, fish, or poul-
21 try; food damaged by storage conditions, pests, mold, bacteria or other
22 contamination; food which has been offered for sale from a hot, cold or
23 prepared food bar; food subject to a governmental or producer recall;
24 food returned to a supplier; food donated to a qualifying charity; food
25 sold to a food remarketer or restaurant or other preparer of food for
26 human consumption or sold to a farmer or other producer.
27 § 27-2805. Construction.
28 Nothing in this title shall be construed to supersede any state or
29 federal health laws or regulations regarding the handling of food.
30 § 27-2806. Enforcement.
31 A supermarket that does not meet the requirements of this title shall
32 not be subject to the penalties specified in title twenty-seven of arti-
33 cle seventy-one of this chapter.
34 § 2. This act shall take effect one year after it shall have become a
35 law.
