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History
- Substituted by A9252A
- Amended on third reading 6303a
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 58–0
- Restored to third reading
- Committed to codes
- Advanced to third reading
- 2nd report cal.
Show 3 earlier actions
- 1st report cal.104
- Referred to agriculture
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to food donation by public food service establishments
Signed by Governor · Sponsor Crystal Peoples-Stokes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6303A
Title of bill
An act to amend the agriculture and markets law, in relation to food donation by public food service establishments
Purpose or general idea of bill
To provide protection from criminal and civil liability to a good faith donor or gleaner of any canned or perishable food to a bona fide charitable organization for free distribution.
Summary of specific provisions
This bill would amend section 71-z of the agriculture and markets law, as added by chapter 869 of the laws of 1980, subdivision 1 as amended by chapter 182 of the laws of 1993 and subdivision 3 as added by chapter 286 of the laws of 1984. Liability for canned, perishable food or farm products distributed free of charge.
Notwithstanding any other provision of law, a good faith donor of any canned or perishable food, farm product, game or wild game, apparently fit for human consumption, to a bona fide charitable organization, for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the said donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual constructive knowledge that the food is adulterated, tainted or harmful to the health or well being of the person consuming said food.
Justification
About 20 -27% of food produced in America is thrown away and that recovering that lost food through food recovery programs could feed 49 million people. The main threat to the donation of much of this discarded food has been the threat of liability. The removal of this significant barrier to Good Samaritan donations will only enhance opportunities to help communities during these difficult fiscal times. These provisions are not to be construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of food for human consumption, and the immunity from liability does not relieve a donor of its duty to comply with any law regulating the donor with respect to health or sanitation.
Prior legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.