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S04176 Summary:

BILL NOS04176A
 
SAME ASSAME AS A04398-A
 
SPONSORHARCKHAM
 
COSPNSRADDABBO, CARLUCCI, HOYLMAN, LIU, METZGER, PERSAUD
 
MLTSPNSR
 
Add Art 27 Title 30 §§27-3001 - 27-3005, En Con L
 
Requires supermarkets to make excess food available to qualifying entities.
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S04176 Actions:

BILL NOS04176A
 
03/04/2019REFERRED TO ENVIRONMENTAL CONSERVATION
05/30/2019AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
05/30/2019PRINT NUMBER 4176A
01/08/2020REFERRED TO ENVIRONMENTAL CONSERVATION
07/20/2020REPORTED AND COMMITTED TO RULES
07/22/2020ORDERED TO THIRD READING CAL.881
07/23/2020SUBSTITUTED BY A4398A
 A04398 AMEND=A Abinanti
 02/04/2019referred to environmental conservation
 05/29/2019amend and recommit to environmental conservation
 05/29/2019print number 4398a
 06/06/2019reported referred to codes
 06/11/2019reported referred to rules
 01/08/2020referred to codes
 01/28/2020reported
 01/30/2020advanced to third reading cal.355
 02/25/2020passed assembly
 02/25/2020delivered to senate
 02/25/2020REFERRED TO ENVIRONMENTAL CONSERVATION
 07/23/2020SUBSTITUTED FOR S4176A
 07/23/20203RD READING CAL.881
 07/23/2020PASSED SENATE
 07/23/2020RETURNED TO ASSEMBLY
 12/11/2020delivered to governor
 12/23/2020signed chap.352
 12/23/2020approval memo.56
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S04176 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4176--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 30 to read as follows:
     3                                  TITLE 30
     4                               EXCESS FOOD ACT
     5  Section 27-3001. Legislative intent.
     6          27-3002. Definitions.
     7          27-3003. Availability requirement.
     8          27-3004. Construction.
     9          27-3005. Enforcement.
    10  § 27-3001. Legislative intent.
    11    An estimated fifty million Americans, including nearly sixteen million
    12  children, do not have sufficient food.  An  estimated  2.8  million  New
    13  Yorkers face hunger and food insecurity. This legislation is designed to
    14  increase  food  donations to food banks and other providers who feed the
    15  needy while reducing food waste in solid waste  landfills  which  create
    16  dangerous emissions.
    17  § 27-3002. Definitions.
    18    As used in this title, the following terms shall mean:
    19    1.  "Excess  food"  means  edible  food  that is not sold or used by a
    20  supermarket and is still safe to be consumed but is being disposed of by
    21  the supermarket due to labeling, appearance, surplus  or  other  similar
    22  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
 
     1  fish, or poultry; food  damaged  by  storage  conditions,  pests,  mold,
     2  bacteria  or  other  contamination; food which has been offered for sale
     3  from a hot, cold or prepared food bar; food subject to a governmental or
     4  producer recall; food returned to a supplier; food donated to a qualify-
     5  ing  entity;  food  sold  to  a  food  remarketer or restaurant or other
     6  preparer of food for human consumption or sold  to  a  farmer  or  other
     7  producer.
     8    2.  "Qualifying  entity"  means  a  religious  or other not-for-profit
     9  organization which provides food for free to needy  persons,  including,
    10  but  not limited to a food pantry, food bank, soup-kitchen or community-
    11  based organization that provides food for free to needy persons.
    12    3. "Supermarket" means a  physical  retail  store  which  has  at  the
    13  subject  location more than ten thousand square feet devoted to offering
    14  food for human consumption for sale to the general public.    "Supermar-
    15  ket"  shall  not  include  hotels,  motels,  restaurants and cafeterias,
    16  bakeries,  caterers,  hospitals,  assisted  living  facilities,  nursing
    17  homes, hospices, group homes, drug stores, educational institutions, and
    18  food  courts  in  shopping  malls,  food retailers at airports and other
    19  transportation facilities, gas stations, sports arenas,  movie  theaters
    20  or any other similar establishment.
    21  § 27-3003. Availability requirement.
    22    1.  Every  supermarket shall from time to time make excess food avail-
    23  able to qualifying entities.
    24    2. No supermarket shall be required to  make  available  a  particular
    25  quantity  or  level  of  excess  food  or to transport or distribute any
    26  excess food.
    27    3.  A supermarket shall be deemed in compliance with this  section  if
    28  it in good faith arranges with a qualifying entity that has requested in
    29  writing  to  collect excess food from the supermarket for the collection
    30  of such excess food.   A supermarket  acting  in  compliance  with  this
    31  section  shall have no liability for the food transferred in the absence
    32  of gross negligence or intentional misconduct.
    33    4. A supermarket may impose reasonable restrictions as to the time and
    34  manner of collection by a qualifying entity so as not to interfere  with
    35  its business operations.
    36    5.  A supermarket may, in accordance with any applicable laws, dispose
    37  of any excess food which is not picked up by a qualifying entity  within
    38  a reasonable time.
    39  § 27-3004. Construction.
    40    Nothing  in  this  title  shall be construed to supersede any state or
    41  federal health laws or regulations regarding the handling of food.
    42  § 27-3005. Enforcement.
    43    A supermarket that does not meet the requirements of this title  shall
    44  not be subject to the penalties specified in title twenty-seven of arti-
    45  cle seventy-one of this chapter.
    46    § 2. This act shall take effect on the one hundred eightieth day after
    47  it  shall have become a law.  Effective immediately the addition, amend-
    48  ment and/or repeal of any rule or regulation necessary for the implemen-
    49  tation of this act on its effective date are authorized to be  made  and
    50  completed on or before such date.
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