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A10566 Summary:

BILL NOA10566
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Add §387, Ag & Mkts L; add §99-uu, St Fin L
 
Establishes a food bank for pets pilot program which provides food for cats and dogs to pet owners who have financial challenges in providing for their pets without assistance.
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A10566 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10566
 
                   IN ASSEMBLY
 
                                     March 13, 2026
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Agriculture
 
        AN ACT to amend the agriculture and markets law and  the  state  finance
          law, in relation to establishing a food bank for pets pilot program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 387 to read as follows:
     3    § 387. Food banks for pets pilot program.  1. For the purposes of this
     4  section,  the  term  "selected  non-profit  organizations  and volunteer
     5  groups or organizations" means and includes those  non-profit  organiza-
     6  tions  and  volunteer groups or organizations that have been selected by
     7  the department as participants in the food banks for pets pilot program.
     8    2. (a) The department shall  develop  and  implement,  in  cooperation
     9  with,  and  with the participation of, selected non-profit organizations
    10  and volunteer groups or organizations,  a  food  banks  for  pets  pilot
    11  program  to provide food for cats and dogs to pet owners who have finan-
    12  cial challenges in providing for  their  pets  without  assistance.  The
    13  pilot  program  shall  operate for a term of at least one year after the
    14  effective date of this section, but the program may be extended  subject
    15  to further appropriation. Further, if the department determines that the
    16  pilot  program, after one year of operations still has funds pursuant to
    17  the initial appropriation and is achieving its goals, the pilot  program
    18  shall  continue until such appropriation is exhausted. No later than one
    19  year after the pilot program is implemented, the department shall submit
    20  to the governor and to  the  legislature  a  written  report  containing
    21  information  on  the  implementation  of  the pilot program, including a
    22  recommendation on establishing the food banks for pets pilot program  as
    23  a permanent program or disbanding the program.
    24    (b) In establishing the food banks for pets pilot program, the depart-
    25  ment shall be authorized to:
    26    (i)  determine  eligibility  criteria and establish a process by which
    27  appropriate non-profit organizations and volunteer groups  or  organiza-
    28  tions are to be selected to participate in the pilot program;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14726-02-6

        A. 10566                            2

     1    (ii)  identify,  solicit  the participation of, and select appropriate
     2  non-profit  organizations  and  volunteer  groups  or  organizations  to
     3  participate in the pilot program;
     4    (iii) provide delegated authority to selected non-profit organizations
     5  and volunteer groups or organizations to implement the pilot program, by
     6  means including, but not limited to:
     7    (1) obtaining, collecting, and distributing pet food;
     8    (2)  collecting,  and  coordinating the use of, monetary donations and
     9  donations of pet food;
    10    (3) establishing and operating food banks for pets  in  municipalities
    11  throughout the state; and
    12    (4)  establishing  and  applying  criteria for prioritizing pet owners
    13  accessing food banks for pets;
    14    (iv) coordinate and facilitate with municipalities and  selected  non-
    15  profit  organizations and volunteer groups or organizations with respect
    16  to the establishment and operation of food banks  for  pets  in  munici-
    17  palities throughout the state;
    18    (v) take appropriate actions to encourage non-profit organizations and
    19  volunteer  groups  or organizations to participate in the implementation
    20  of the pilot program;
    21    (vi) take appropriate actions, including, but not limited to, develop-
    22  ing informational materials for distribution to municipalities  and  pet
    23  owners,  as  necessary  to inform pet owners about the pilot program and
    24  encourage their participation; and
    25    (vii) take any other actions, including, but not limited to,  adopting
    26  rules  and  regulations  the  commissioner determines to be necessary or
    27  appropriate to implement the provisions of this section.
    28    (c) The department shall also  consult  with  any  animal  shelter  as
    29  defined  in  section  four  hundred  twenty of this chapter in the state
    30  concerning the role these facilities may wish to have in  the  operation
    31  of  food  banks  for  pets and concerning any needs these facilities may
    32  have for access to food banks for pets. The department may  provide  for
    33  the  involvement  of these facilities in the pilot program, as deemed by
    34  the department to be necessary and appropriate, in any rules  and  regu-
    35  lations  adopted pursuant to subparagraph (vii) of paragraph (b) of this
    36  subdivision.
    37    3. (a) Any donor of pet food, who donates pet  food  under  the  pilot
    38  program,  in  good faith, to a food bank for pets, or to a selected non-
    39  profit organization or volunteer group or organization operating a  food
    40  bank  for  pets,  shall not be liable for any damages resulting from the
    41  consumption of the donated pet food.
    42    (b) A food bank for  pets,  or  a  selected  non-profit  organization,
    43  volunteer  group  or organization, or agent thereof, who, in good faith,
    44  receives or distributes donated pet food pursuant to the  pilot  program
    45  established  pursuant  to  this section, shall not be liable for damages
    46  resulting from the consumption of pet food.
    47    (c) This section shall apply to any good faith donation,  receipt,  or
    48  distribution  of pet food, which is effectuated under the pilot program,
    49  regardless of compliance with any laws,  rules,  regulations,  or  ordi-
    50  nances regulating the quality or labeling of pet food.
    51    4.  A selected non-profit organization or volunteer group or organiza-
    52  tion that establishes or operates a food bank for pets, and any individ-
    53  ual who participates in the operation of a food bank for pets,  pursuant
    54  to  this  section,  shall  not be liable for damages in any civil action
    55  concerning the operation of the food bank for pets unless the damage  is
    56  a  direct  result  of  the  gross  negligence,  recklessness, or knowing

        A. 10566                            3
 
     1  misconduct of the non-profit organization, volunteer group or  organiza-
     2  tion, or the individual participating in the operation of the food bank.
     3    § 2. The state finance law is amended by adding a new section 99-uu to
     4  read as follows:
     5    § 99-uu. Food banks for pets pilot program fund.  1. A special fund to
     6  be  known  as  the  "food  banks  for pets pilot program fund" is hereby
     7  established in the custody of the state comptroller and the commissioner
     8  of taxation and finance.
     9    2. The fund shall consist of all  monies  appropriated,  credited,  or
    10  transferred  to  such  fund  pursuant to law, all monies required by any
    11  provision of law to be paid into or credited to the fund and any  inter-
    12  est earnings which may accrue from the investment of monies in the fund.
    13  Nothing contained in this section shall prevent the state from receiving
    14  grants,  gifts  or  bequests  for the purposes of the fund as defined in
    15  this section and depositing them in the fund according to law.
    16    3. Monies of the fund, when  allocated,  shall  be  available  to  the
    17  department  of  health  to  provide grants pursuant to the provisions of
    18  section three hundred eighty-seven of the agriculture and  markets  law.
    19  The commissioner shall expend the moneys deposited in the fund, in addi-
    20  tion  to  any  interest  accrued  thereon  and any dividends and returns
    21  resulting from investment of the moneys in the  fund,  for  any  of  the
    22  following purposes:
    23    (a) advertising and publicizing the pilot program;
    24    (b)  developing and distributing informational materials in implement-
    25  ing the pilot program;
    26    (c) awarding grants to selected nonprofit organizations and  volunteer
    27  groups or organizations for the establishment or operation of food banks
    28  for pets under the pilot program;
    29    (d)  offsetting  any costs incurred by the department, or by a munici-
    30  pality or selected nonprofit organization or volunteer group  or  organ-
    31  ization, in complying with the provisions of this section; and
    32    (e)  providing  financing  for  any other activity or endeavor that is
    33  consistent with the purposes of this section, and that will support,  or
    34  facilitate  the efficient and effective operation of, the food banks for
    35  pets pilot program.
    36    4. Monies shall be payable from the fund on the audit and  warrant  of
    37  the  comptroller  on vouchers approved and certified by the commissioner
    38  of the department of agriculture and markets.
    39    § 3. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law. Effective immediately, the addition,  amend-
    41  ment and/or repeal of any rule or regulation necessary for the implemen-
    42  tation  of  this act on its effective date are authorized to be made and
    43  completed on or before such effective date.
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