What's happening
This bill requires supermarkets to make excess edible food available to qualifying charities to reduce food waste and help feed needy New Yorkers.
Why it matters
Encourages partnerships between supermarkets and charities. By requiring supermarkets to make surplus edible food available to nonprofits and food banks, the bill fosters ongoing relationships that can create reliable streams of food assistance for those in need.
Limits burdens on supermarkets while prioritizing food safety. The law allows supermarkets to set reasonable collection times and does not mandate transportation or a specific volume of food, reducing logistical and financial strain on stores. It also excludes potentially unsafe items (e.g., unpackaged meats, recalled foods) from donation requirements.
Aims to reduce landfill waste and environmental impact. Redirecting unsold but edible food away from landfills supports state efforts to combat food waste, which contributes to greenhouse gas emissions and inefficient resource use.
Provides legal clarity and protection for retailers. The bill specifies that supermarkets complying in good faith are not subject to certain penalties and that no provision overrides existing food safety laws, ensuring businesses are not exposed to undue legal risk when donating food.
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Who cares
Headline styles
Share Excess Supermarket Food
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Donate Extra Supermarket Food
Assembly Floor Calendar · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8993
IN SENATE
June 12, 2018
Introduced by Sen. ALCANTARA -- 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 requiring supermarkets to make excess food available to qualifying charities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 28 to read as follows:
TITLE 28
EXCESS FOOD ACT Section 27-2801. Legislative intent.
27-2802. Definitions.
27-2803. Availability requirement.
27-2804. Exclusions.
27-2805. Construction.
27-2806. Enforcement. § 27-2801. Legislative intent.
An estimated 2.8 million New Yorkers face hunger and food insecurity. This legislation is designed to increase food donations to food banks and other providers who feed the needy while reducing food waste in solid waste landfills. § 27-2802. Definitions.
As used in this title, the following terms shall mean:
1. "Excess food" means edible food that is not sold or used by a supermarket and is still safe to be consumed but is being disposed of by the supermarket due to labeling, appearance, surplus or other similar conditions.
2. "Qualifying charity" means (a) a religious organization which provides food for free to needy persons, or (b) a charity qualified under section 501(c)(3) of the Internal Revenue Code which provides food for free to needy persons. Qualifying charities shall include food banks and food pantries qualified under section 501(c)(3) of the Inter-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10758-08-8
S. 8993 2
nal Revenue Code which provide food to other qualified charities which provide food for free to needy persons.
3. "Supermarket" means a physical retail store which has at the subject location more than ten thousand square feet devoted to offering food for human consumption for sale to the general public. § 27-2803. Availability requirement.
1. Every supermarket shall from time to time make excess food available to qualifying charities.
2. No supermarket shall be required to make available a particular quantity or level of excess food or to transport or distribute any excess food.
3. A supermarket shall be deemed in compliance with this section if it in good faith arranges with a qualifying charity that has requested in writing to collect excess food from the supermarket for the collection of such excess food.
4. A supermarket may impose reasonable restrictions as to the time and manner of collection by a qualifying charity so as not to interfere with its business operations. § 27-2804. Exclusions.
Excess food shall not include: unpackaged fresh meat, fish, or poultry; food damaged by storage conditions, pests, mold, bacteria or other contamination; food which has been offered for sale from a hot, cold or prepared food bar; food subject to a governmental or producer recall; food returned to a supplier; food donated to a qualifying charity; food sold to a food remarketer or restaurant or other preparer of food for human consumption or sold to a farmer or other producer. § 27-2805. Construction.
Nothing in this title shall be construed to supersede any state or federal health laws or regulations regarding the handling of food. § 27-2806. Enforcement.
A supermarket that does not meet the requirements of this title shall not be subject to the penalties specified in title twenty-seven of article seventy-one of this chapter.
§ 2. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to requiring supermarkets to make excess food available to qualifying charities
Purpose or general idea of bill
This bill is designed to increase food donations to food banks and other providers who feed the needy and to help reduce dangerous emissions of methane from the decomposition of organic waste in landfills.
Summary of provisions
Section 1 of the bill amends environmental conservation law article 27 by adding a new title 28 to establish the "Excess Food Act." The Excess Food Act provides the following:
Read the full memo (879 words)
1. Definitions. As used in this article shall have the following mean- ing:
(a) "Excess food" means edible food that is not sold or used by a super- market and which is being disposed of by a supermarket due to quality standards, labeling, appearance, surplus or other similar conditions.
(b) "Qualifying charity" means (i) a religious organization which provides food for free to needy persons, or (ii) a charity qualified under section 501(c)(3) of the Internal Revenue Code which provides food for free to needy persons, including food banks and food pantries which provide food to other qualified charities.
(c) "Supermarkets" means a physical retail store with more than ten thousand square feet devoted to offering food for human consumption for sale to the general public.
2. Availability requirement.
(a) Every supermarket shall from time to time make available excess food it has on its premises to qualifying charities.
(b) No supermarket may be required to provide or maintain a particular quantity or level of excess food, or to transport or distribute excess food
(c) A supermarket shall be in compliance with this act if it in good faith arranges for the collection of excess food with a qualifying char- ity that has requested in writing to collect excess food.
(d) A supermarket may impose reasonable restrictions on the time and manner of collection so as not to interfere with its business oper- ations.
(e) A supermarket may dispose of any excess food which is not timely collected by a qualifying charity.
3. Exclusions.
(a) Excess foods shall not include unpackaged fresh meat, fish and poul- try; contaminated food; food damaged by storage conditions; food offered for sale from a hot, cold or prepared food bar; over the counter medi- cines; and any food subject to recall.
4. Construction. Nothing in this tile shall supersede any state or federal health laws or regulations regarding the handling of foods.
5. Enforcement. A supermarket that does not meet the requirements of this title shall not be subject to the penalties specified in title twenty-seven of article seventy-one of this chapter.
Section 2 is the effective date.
Difference between original and amended version
The amended version eliminates the section on immunity from liability, modifies the enforcement provision and changes the effective date.
Justification
Hunger in the U.S. and our state is a serious problem. An estimated 50 million Americans, including nearly 16 million children, do not have sufficient food. Meanwhile, 60 - 100 million tons of edible food is discarded in the United States, primarily to solid waste landfills. Decomposition of organic waste accounts for over 15 percent of our nation's emissions of methane, a potent greenhouse gas.
Hunger and food insecurity - the uncertainty of having, or inability to acquire, enough food to meet household food needs exists in every county in our state. An estimated 2.8 million New Yorkers (over 14%) are facing hunger and food insecurity. Moreover, a significant number of those households do not qualify for federal nutrition assistance.
As noted in the Food Bank for Westchester Food Dating Guide, the majori- ty of food items that are close to or past the indicated date on their packages are still safe for consumption. This includes items passed the "expiration date," "sell by date," "use by date" and "pack date." These codes are used by manufacturers to ensure that consumers receive their product in peak quality. Supermarkets regularly dispose of these unused food items and most are of good quality and safe to eat. This legis- lation will require supermarkets of a certain size to donate this excess food to organizations that provide food for free to the needy.
While supermarkets of a certain size are required to participate, they are not required to provide a particular quantity of food or transport or distribute it. Qualifying organizations must make a written request for the excess food and arrange to collect the food at a date and time arranged with the supermarket. Not only will there be no cost to partic- ipating supermarkets - there may be savings - since supermarkets will no longer have to pay to have excess food collected and discarded.
The donation of excess food by supermarkets to qualifying charities that feed the hungry will go a long way to help address food insecurity in our state without additional costs to participating supermarkets. In addition, the donation of excess food will also reduce food waste disposed of in solid waste landfills which create dangerous emissions.
Prior legislative history
New bill
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect one year after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.