Bill Text: NY A01672 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires supermarkets to make surplus food available to qualifying charities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A01672 Detail]
Download: New_York-2019-A01672-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1672 2019-2020 Regular Sessions IN ASSEMBLY January 16, 2019 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to requir- ing supermarkets to make surplus food available to qualifying chari- ties 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 article 17-C to read as follows: 3 ARTICLE 17-C 4 SURPLUS FOOD TO CHARITABLE ORGANIZATIONS ACT 5 Section 223. Legislative intent. 6 223-a. Definitions. 7 223-b. Availability requirement. 8 223-c. Exclusions. 9 223-d. Immunity from liability. 10 223-e. Construction. 11 § 223. Legislative intent. Sixty to one hundred million tons of edible 12 food in the United States is discarded, primarily to solid waste land- 13 fills. An estimated fifty million Americans, including nearly sixteen 14 million children, do not have sufficient food. Decomposition of organic 15 waste accounts for over fifteen percent of our nation's emissions of 16 methane, a potent greenhouse gas. An estimated 2.8 million New Yorkers 17 face hunger and food insecurity. This legislation is designed to 18 increase food donations to food banks and other providers who feed the 19 needy and to reduce food waste in solid waste landfills which create 20 dangerous emissions. 21 § 223-a. Definitions. As used in this article, the following terms 22 shall mean: 23 1. "Surplus food" means edible food that is not sold or used by a 24 supermarket and is being disposed of by the supermarket due to quality 25 standards, labeling, appearance, surplus or other similar conditions. 26 2. "Qualifying charity" means a religious, charitable or not-for-pro- 27 fit organization that provides food at no cost to the poor, needy, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05251-01-9A. 1672 2 1 disadvantaged or at-risk persons, including but not limited to a food 2 pantry, food bank, soup kitchen or community based organization that 3 provides food at no cost to such persons. 4 3. "Supermarket" means a retail store at a given location which has 5 more than ten thousand square feet devoted to the sale of food and 6 groceries for human consumption. 7 § 223-b. Availability requirement. 1. Every supermarket shall make a 8 reasonable effort to make available to a qualifying charity, surplus 9 food which the supermarket from time to time has in its possession. 10 2. No supermarket shall be required to make available a particular 11 quantity or level of surplus food or to transport or distribute any 12 surplus food in connection with this article. 13 3. A supermarket may, in accordance with any applicable laws, dispose 14 of surplus food which is not timely collected by a qualifying charity. 15 4. A supermarket shall be deemed in compliance with this section if, 16 in good faith, it arranges with one or more qualifying charities that 17 have requested in writing to collect surplus food from the supermarket 18 for the collection of such surplus food. 19 5. A supermarket may impose restrictions to ensure that the retrieval 20 of surplus food by a qualifying charity does not interfere with the 21 business operations of the supermarket. 22 § 223-c. Exclusions. 1. Surplus food shall not include: fresh milk, or 23 fresh meat, fish or poultry; food damaged by storage conditions, pests, 24 mold, bacteria or other contamination; food which has been offered for 25 sale from a hot, cold or prepared food bar; food subject to a govern- 26 mental or producer recall; food returned to a supplier; food donated to 27 a qualifying charity; food sold to a food remarketer or restaurant or 28 other preparer of food for human consumption or sold to a farmer or 29 other producer. 30 2. Supermarket shall not include hotels, motels, restaurants and cafe- 31 terias, bakeries, caterers, hospitals, assisted living facilities, inde- 32 pendent living facilities, nursing homes, hospices, group homes, drug 33 stores, educational institutions, food courts in shopping malls, food 34 retailers at airports or other transportation facilities, gas stations, 35 sports arenas, movie theaters or any other similar establishments. 36 § 223-d. Immunity from liability. Notwithstanding any inconsistent 37 provision of any general, special or local law, no supermarket or quali- 38 fying charity, or any employee, officer, shareholder, partner, agent, 39 volunteer or religious leader thereof who provides, makes available, 40 distributes or otherwise facilitates the distribution of surplus foods 41 as provided in this article, shall be liable to any person for damages 42 for injuries or death alleged to have been sustained as a result of the 43 condition of surplus food made available hereunder, unless such injuries 44 or death were caused by gross negligence or intentional conduct of such 45 supermarket or qualifying charity or any employee, officer, shareholder, 46 partner, agent, volunteer or religious leader thereof. 47 § 223-e. Construction. Nothing in this article shall be construed to 48 supersede any state or federal health laws or regulations regarding the 49 handling of food. 50 § 2. This act shall take effect on the one hundred eightieth day after 51 it shall have become a law. Effective immediately the addition, amend- 52 ment and/or repeal of any rule or regulation necessary for the implemen- 53 tation of this act on its effective date are authorized to be made on or 54 before such date.
