STATE OF NEW YORK
________________________________________________________________________
901
2021-2022 Regular Sessions
IN SENATE
(Prefiled)
January 6, 2021
___________
Introduced by Sen. HARCKHAM -- 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
supermarkets providing excess edible food to food relief organiza-
tions; to amend a chapter of the laws of 2020 amending the environ-
mental conservation law relating to requiring supermarkets to make
excess food available to qualifying entities, as proposed in legisla-
tive bills numbers S. 4176-A and A.4398-A, in relation to the effec-
tiveness thereof; to repeal certain provisions of the environmental
conservation law relating thereto; and providing for the repeal of
certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Legislative intent. An estimated fifty million Americans,
2 including nearly sixteen million children, do not have sufficient food.
3 An estimated 2.8 million New Yorkers face hunger and food insecurity.
4 This legislation is designed to increase food donations to food banks
5 and other providers who feed the needy while reducing food waste in
6 solid waste landfills which create dangerous emissions.
7 § 2. Title 30 of article 27 of the environmental conservation law, as
8 added by a chapter of the laws of 2020, amending the environmental
9 conservation law relating to requiring supermarkets to make excess food
10 available to qualifying entities, as proposed in legislative bills
11 numbers S. 4176-A and A. 4398-A, is REPEALED.
12 § 3. Section 27-2201 of the environmental conservation law is amended
13 by adding two new subdivisions 9 and 10 to read as follows:
14 9. "Excess edible food" means edible food that is not sold or used by
15 a designated food scrap generator and is still safe to be consumed but
16 is being disposed of by the generator, but shall not include unpackaged
17 fresh meat, fish or poultry, food damaged by pests, mold, bacteria or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07193-01-1
S. 901 2
1 other contamination, food subject to governmental or producer recall due
2 to food safety and food returned to a supplier.
3 10. "Food relief organization" means a religious organization or other
4 not-for-profit that provides food for free to needy individuals, includ-
5 ing, but not limited to, a food pantry, food bank, or soup kitchen or
6 community-based organization that provides food for free to needy indi-
7 viduals.
8 § 4. The environmental conservation law is amended by adding a new
9 section 27-2218 to read as follows:
10 § 27-2218. Supermarket excess edible food.
11 1. For the purpose of this section, "supermarket" means a physical
12 retail store which has at the subject location more than ten thousand
13 square feet devoted to offering food for human consumption for sale to
14 the general public.
15 2. Every supermarket shall from time to time make excess edible food
16 available to food relief organizations. No supermarket shall be required
17 to make available a particular quantity or level of excess edible food
18 or to transport or distribute any excess edible food.
19 3. A supermarket shall be deemed in compliance with this section if it
20 in good faith arranges with a food relief organization that has
21 requested in writing to collect excess edible food from the supermarket
22 for the collection of such excess edible food. The rights, liabilities
23 or immunity of any party under this section shall be governed pursuant
24 to the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791
25 et seq.), as of January seventh, two thousand eleven.
26 4. A supermarket may impose reasonable restrictions as to the time and
27 manner of collection by a food relief organization so as not to inter-
28 fere with its business operations.
29 5. A supermarket may, in accordance with any applicable laws, dispose
30 of any excess edible food which is not picked up by a food relief organ-
31 ization within a reasonable time.
32 6. Nothing in this section shall be construed to supersede any state
33 or federal health laws or regulations regarding the handling of excess
34 edible food.
35 7. A supermarket that does not meet the requirements of this section
36 shall not be subject to the penalties specified in title twenty-seven of
37 article seventy-one of this chapter.
38 § 5. Section 2 of a chapter of the laws of 2020, amending the environ-
39 mental conservation law relating to requiring supermarkets to make
40 excess food available to qualifying entities, as proposed in legislative
41 bills numbers S. 4176-A and A. 4398-A, is amended to read as follows:
42 § 2. This act shall take effect [on the one hundred eightieth day
43 after it shall have become a law. Effective immediately the addition,
44 amendment and/or repeal of any rule or regulation necessary for the
45 implementation of this act on its effective date are authorized to be
46 made and completed on or before such date] immediately.
47 § 6. This act shall take effect immediately; provided, however that
48 sections one, two, three and four of this act shall take effect on the
49 same date and in the same manner as a chapter of the laws of 2020,
50 amending the environmental conservation law relating to requiring super-
51 markets to make excess food available to qualifying entities, as
52 proposed in legislative bills numbers S. 4176-A and A. 4398-A, takes
53 effect, provided, further, that section four of this act shall expire
54 and be deemed repealed on December 31, 2021.